Written question asked by Marion Roe (Conservative) on Tuesday, 2 November 2004, in the House of Commons. It was due for an answer on Thursday, 11 November 2004. It was answered by Chris Leslie (Labour) on Thursday, 11 November 2004 on behalf of the Department for Constitutional Affairs.

Dept for Constitutional Affairs

Question: To ask the Parliamentary Secretary, Department for Constitutional Affairs, under which legislation Commonwealth citizens are entitled to vote in (a) general elections and (b) European parliamentary elections in the UK; what the eligibility criteria are in each case; and whether all Commonwealth citizens are entitled to vote in referenda in the UK.

Answer: Dame Marion Roe: To ask the Parliamentary Secretary, Department for Constitutional Affairs under which legislation Commonwealth citizens are entitled to vote in (a) general elections and (b) European parliamentary elections in the UK; what the eligibility criteria are in each case; and whether all Commonwealth citizens are entitled to vote in referenda in the UK. [196447] Mr. Leslie: Entitlement to vote in UK parliamentary elections is set out at section 1 of the Representation of the People Act 1983, and in European parliamentary elections at section 8 of the European Parliamentary Elections Act 2002. These statutory provisions provide for Commonwealth citizens to vote in UK and European parliamentary elections. Only those persons who are included on the electoral register are entitled to vote and eligibility to register is set out at section 4 of the Representation of the People Act 1983 (persons who are registered for UK parliamentary election are also eligible to vote in European parliamentary elections). Section 4 of the Act entitles `qualifying' Commonwealth citizens to register to vote and they are defined as Commonwealth citizens who do not require leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or such persons who for the time being have any description of such leave. The franchise for referendums is determined on an individual basis and is set out explicitly in the relevant dedicated enabling legislation.

Secondary information