Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord McNally (Liberal Democrat) on Monday, 8 November 2010.

Elections

Question: To ask Her Majesty’s Government, further to the Written Answer by Lord McNally on 20 July (WA 192), what reasons they have for continuing to permit Commonwealth citizens given leave to enter the United Kingdom on a student visa to become immediately eligible to vote in parliamentary elections on taking up residence in a particular constituency; and how many such registrations are made annually.

Answer: As explained in the Written Answer given by my noble friend, Lord Shutt of Greetland (WA 436) on 27 September, 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 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. Under Section 4 of the Representation of the People Act 1983, a qualifying Commonwealth citizen is an individual who has leave to enter or remain in the UK or does not require such leave. A Commonwealth citizen given leave to enter on a student visa is a qualifying Commonwealth citizen for the purposes of electoral registration. Information in respect of the numbers of Commonwealth citizens registered to vote in UK elections is not collected centrally. The Government have no current plans to amend the franchise for parliamentary elections, but this matter is kept under review.

Secondary information

Type: Written question
Reference: 3075; 722 c18WA
Session: 2010-12
Related items: Elections
Monday, 27 September 2010
Written questions
House of Lords; Elections
Tuesday, 20 July 2010
Written questions
House of Lords
Subjects: Commonwealth Electoral register General elections Overseas students Voting rights
Link: View this Written question on www.publications.parliament.uk