Skip to main content

Proceeding contribution from Lord Norton of Louth (Conservative) in the House of Lords on Wednesday, 6 May 2009. It occurred during Debate on bill and Committee proceeding on Political Parties and Elections Bill.


Political Parties and Elections Bill

I rise to speak to Amendment 125, which is grouped. As my noble friend said, the Representation of the People Act 1983 provides that all British citizens who reside abroad lose their right to vote in British elections after 15 years and, as he has explained, his amendment would extend that period to 20 years. My amendment is not concerned with the period specified but, rather, those who are or should be exempt from its provisions. Under Section 14 of the 1983 Act, certain British citizens who live abroad who do not fulfil the normal residence requirements for voting are entitled to make a declaration that enables them to continue to vote. They comprise members of the Armed Forces, others employed in the service of the Crown in a post outside the UK, British Council employees working outside the UK and the spouses of the people in those categories. The reasons for the exemptions are rational. They are not people who have chosen to live abroad permanently but, rather, are people who work abroad or are married to people who work abroad where that service may be seen from the perspective of the United Kingdom as a public good. My amendment would extend the provisions of Section 14 to encompass British citizens working abroad for international organisations. As the law stands, they are not exempt and lose the right to vote after 15 years but, in general, are not able to apply for the right to vote in national parliamentary elections in their country of residence. International civil servants are not regarded as taking up residence in the country where they serve. Those recruited to EU institutions from the UK remain domiciled in the UK for tax purposes, although they are physically resident in Belgium or Luxembourg. Their tax liabilities are to the employing organisation for their salary, and to the United Kingdom in respect of investment and miscellaneous income. Furthermore, in general, as international civil servants enjoy certain quasi-diplomatic immunities, they are not permitted to naturalise as citizens of their country of residence. It seems anomalous to leave them in what, after 15 years, amounts to a vacuum in the democratic process. My amendment would bring them into line with Crown servants and their spouses and thus bring them within the provisions of Section 14. I add that the unusual situation of British citizens working for international organisations is already recognised in statute. Under the British Nationality Act 1981 and the British Citizenship (Designated Service) Order 2006, the Secretary of State may waive the normal residence requirement for the spouse of a British civil servant working abroad who wishes to apply for British nationality through naturalisation. Section 2 of the Act also recognises the particular position of UK citizens working for international organisations in respect of acquisition of British nationality by descent. The Act allows British citizens by descent working for international organisations to transmit British nationality to their children born outside the United Kingdom. UK citizens working outside the United Kingdom for international organisations are in a special position. That is already recognised in statute. They are, I contend, in a position analogous to Crown servants working abroad, rather than to those British citizens who leave these shores to live in sunnier climes and who may well have no intention of returning. Given that, it is right that we should extend the provision of Section 14 of the 1983 Act to encompass them; hence my amendment, which I commend to the Committee.


Secondary information

Type
Proceeding contribution
Reference
710 c269-70GC 
Session
2008-09
Chamber / Committee
House of Lords Grand Committee
Subjects
Data protection Candidates Campaigns Finance Elections Electoral register European Parliament Northern Ireland Political parties Proof of identity Overseas residence Voting rights Overseas workers
Legislation
Political Parties and Elections Bill 2007-08 to 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk