Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord Shutt of Greetland (Liberal Democrat) on Monday, 27 September 2010.

Elections

Question: To ask Her Majesty’s Government, further to the Written Answer by Lord McNally on 20 July (WA 192), why Commonwealth citizens granted visas to enter the United Kingdom are immediately eligible to register to vote in parliamentary elections on taking up residence in a particular constituency rather than on being granted indefinite leave to remain.

Answer: The Representation of the People Act 1918 provided that only British subjects could register as electors. The term ““British subject”” then included any person who owed allegiance to the Crown, regardless of the Crown territory in which he or she was born. In general terms this included citizens who became Commonwealth citizens under the British Nationality Act 1981 (““the 1981 Act””). The then Government gave an undertaking to preserve certain existing rights of Commonwealth citizens resident in the UK, including the right to vote. However, it was considered appropriate to restrict this right in electoral law to ““qualifying”” Commonwealth citizens. A qualifying Commonwealth citizen is an individual who has leave to enter or remain in the UK or does not require such leave under Section 4 of the Representation of the People Act 1983. I refer the noble Lord to the answer Lord McNally gave to him on 20 July 2010, Official Report, col. WA 192.

Secondary information

Type: Written question
Reference: 1683; 720 c436WA
Session: 2010-12
Related items: Elections
Monday, 8 November 2010
Written questions
House of Lords; Elections
Tuesday, 20 July 2010
Written questions
House of Lords
Notes: Answer received between Monday 2 August and Monday 9 August 2010.
Subjects: Commonwealth Foreign nationals General elections Voting rights
Link: View this Written question on www.publications.parliament.uk