HL Deb 16 March 2001 vol 623 cc1123-4

12.23 p.m.

Lord Bassam of Brighton rose to move, That the draft regulations laid before the House on 26th February be approved [9th Report from the Joint Committee].

The noble Lord said: My Lords, your Lordships will be pleased to know that I can be brief. These regulations are necessary to ensure that the United Kingdom continues to comply with its obligations under European Community Directive 93/109. That directive, with which I am certain your Lordships will be familiar, requires that each member state of the Union has in place provisions to allow resident European Union citizens to vote and stand as candidates in local and European parliamentary elections in their member state of residence.

The United Kingdom gives effect to that directive in relation to European elections by virtue of the European Parliamentary Elections (Changes to the Franchise and Qualifications of Representatives) Regulations 1994. Those regulations are based on an electoral registration system that uses an annual qualifying date. The effect of the Representation of the People Act 2000 is to remove that qualifying date and replace it with a registration system based on a rolling register.

As a result, the law as it stands means that citizens of other members states of the Union resident in the United Kingdom are effectively no longer eligible to register to vote at European parliamentary elections. The regulations before the House will rectify that position by replacing those parts of the 1994 regulations dealing with the franchise to bring them in line with the new registration provisions.

The regulations ensure that citizens of other European member states resident in this country are able to register to vote in European parliamentary elections in the same way as are other citizens. They ensure that we shall once again be fully compliant with our obligations under the relevant EC directive, and for those reasons I commend them to the House.

Moved, That the draft regulations laid before the House on 26th February be approved [9th Report from the Joint Committee].—(Lord Bassam of Brighton.)

Lord Burnham

My Lords, in principle, we are entirely happy with the regulations, but there is one problem. I am aware that it is not possible for us to amend the regulations, only to vote them down, and with the packed Benches behind me that may not be so easy. However, I draw to the noble Lord's attention Regulation 3(2), which states: A person is not entitled to vote as an elector— (a) more than once in the same electoral region at any European Parliamentary election, or (b) in more than one electoral region at a European Parliamentary general election". I feel that it would be better to change the "or" to "and not", as it would appear to be legal to vote twice and be covered by the "or", as one would not be contravening both. I am happy to let the regulations pass but at some time the noble Lord may want to consider an amendment to clear up the point I mentioned.

Lord Renton

My Lords, perhaps I may ask a slightly different question. Presumably, it is clear that British citizens who are working outside the United Kingdom but in the European Union have the right to vote. They would have to apply to be registered but they have the right to vote. Do British citizens working elsewhere in the world outside the European Union have a vote; and do they have the right to register?

Lord Bassam of Brighton

My Lords, the answer to both of those questions is yes. I do not have the answer to the point raised by the noble Lord, Lord Burnham, but I shall undertake a legislative spell-check or sense-check, as it were, to ensure that we have it absolutely right next time around.

On Question, Motion agreed to.