Judgement on British Expats right to vote

EU Referendum – will all British expats be included?

Judgement on British expats’ right to vote in EU Referendum is delayed for further consideration.

The Conservative’s 2015 manifesto, which was the backbone of their successful campaign and lead to the formation of the first Conservative majority government since 1992, included a pledge to scrap the rule that prevents British expats from voting in UK elections once they have lived overseas for 15 years.

However, no proposals have yet been made to change the legislation, so British expats who have lived overseas for more than 15 years who wish to vote in the June EU Referendum will not be able to do so.

At least that is the current situation. If 94-year-old Harry Shindler, a Second World War veteran living in Italy, and lawyer and Belgium resident Jacquelyn MacLennan are successful with their challenge, at least two million more British expats may be able to vote on 23 June.

Both claim that under the EU Referendum Act 2015 they are being denied the right to vote on the UK’s continued membership of the EU. Lawyers representing the expats took the case to the High Court in London on 20 April to seek a judicial review of the legislation.

If Successful

If successful says Richard Stein of Leigh Day, the lawyers for the claimants, “the judicial review should require the Government to rush through amending legislation to change the franchise for the forthcoming referendum in June 2016.”

During the court hearing on 20 April, the QC representing the government told the court that if the claimants won their case, it would be impossible to implement all the necessary steps needed to include them and still keep to the planned for date of 23 June. (QC is Queen’s Counsel – a senior barrister who has shown outstanding ability in complex cases and is awarded Queen’s Counsel status.)

In answer to questions as to why an expat who has lived overseas since for more than 30 years really cares whether the UK votes to stay in or out, the claimants’ QC told the court that his clients are, “not ex-pats but Britons in Europe” and that it was “not that they had left or given up on the UK, but every day of their daily lives they are relying on the fact of their British citizenship and membership of the UK in the EU”.

At the end of the High Court hearing, Lord Justice Jones and Mr Justice Blake told the government’s QCs that due to the complexity of the case they would need time for further consideration, but that they appreciated the “importance and urgency” of the matter.

Certainly, if a decision is not made soon there will not be time to set up the systems required to gather and record potentially two million more overseas votes.

Part of the content of this blog was originally posted on the Anglo Info website.