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British emigrants' EU referendum vote bid reaches supreme court British emigrants' bid for EU referendum vote reaches supreme court
(about 1 hour later)
The supreme court is hearing an emergency appeal by two British emigrants who are prevented from voting in the EU referendum because they have lived abroad for more than 15 years. The supreme court is hearing an emergency appeal by two Britons who are prevented from voting in the EU referendum because they have lived abroad for more than 15 years.
Harry Shindler and Jacquelyn MacLennan lost earlier challenges at the high court and court of appeal.Harry Shindler and Jacquelyn MacLennan lost earlier challenges at the high court and court of appeal.
All the judges so far have ruled that the UK’s voting regulations do not unlawfully interfere with the right of freedom of movement within the European Union and that the government is entitled to set an arbitrary time limit on residence.All the judges so far have ruled that the UK’s voting regulations do not unlawfully interfere with the right of freedom of movement within the European Union and that the government is entitled to set an arbitrary time limit on residence.
Addressing the five supreme court justices hearing the case, Aidan O’Neill QC for Shindler and MacLennan, said disenfranchising them was a “disproportionate” response and “penalised” them for exercising their right of free movement within the EU. Addressing the five supreme court justices hearing the case, Aidan O’Neill QC for Shindler and MacLennan, said the disenfranchisement was “disproportionate” and “penalised” them for exercising their right of free movement within the EU.
O’Neill told the supreme court justices that removing voting entitlement was “nothing to do with the idea that these people have cut off their links with the UK”.O’Neill told the supreme court justices that removing voting entitlement was “nothing to do with the idea that these people have cut off their links with the UK”.
He said: “It’s because of some political compromise, a compromise within the governing party between those who favour one side or the other [in the referendum]. He said: “It’s because of some political compromise, a compromise within the governing party between those who favour one side or the other [in the referendum]. Is that a legitimate reason so as to justify the removal of the right to vote which … is associated with citizenship? The government has repeatedly described the 15-year rule as ‘arbitrary’, as having no justification.”
“Is that a legitimate reason so as to justify the removal of the right to vote which … is associated with citizenship? The government has repeatedly described the 15-year rule as ‘arbitrary’, as having no justification.”
In written submissions, O’Neill argued that the European Union Referendum Act excludes British citizens while giving the vote “to an estimated 1 million individuals who do not hold any form of British citizenship, namely Irish nationals and the citizens of Commonwealth countries … who happen to be lawfully resident in the UK or Gibraltar at the date of the referendum”.In written submissions, O’Neill argued that the European Union Referendum Act excludes British citizens while giving the vote “to an estimated 1 million individuals who do not hold any form of British citizenship, namely Irish nationals and the citizens of Commonwealth countries … who happen to be lawfully resident in the UK or Gibraltar at the date of the referendum”.
O’Neill added: “There’s no rationale for the exclusion. Some EU citizens are given the vote; the Irish get the right to vote and we are told it’s tradition, but that is not a justification for disenfranchising these individuals. O’Neill added: “There’s no rationale for the exclusion. Some EU citizens are given the vote; the Irish get the right to vote and we are told it’s tradition, but that is not a justification for disenfranchising these individuals. The only justification we get is: ‘Don’t rock the boat. If you start changing it that might cause problems within the politics of it all’.”
“The only justification we get is: ‘Don’t rock the boat. If you start changing it that might cause problems within the politics of it all’.” London-born war veteran Shindler, 95, has lived in Italy for 35 years. MacLennan, 54, a solicitor from Inverness, has lived in Brussels since 1987. She attended the hearing. MacLennan specialises in EU competition and environmental law and is a partner in the Brussels office of a global law firm.
London-born war veteran Shindler, 95, has lived in Italy for 35 years. MacLennan, 54, a solicitor from Inverness, has lived in Brussels since 1987. She attended the hearing. Cases normally take years to progress up from the high court before reaching the UK’s highest court. The final date for new voters to be registered for the referendum is the first week in June. Britons living overseas for more than 15 years lose their entitlement to vote in elections.
MacLennan specialises in EU competition and environmental law and is a partner in the Brussels office of a global law firm. There are disagreements over how many Britons are affected by the ban, with estimates ranging from several hundred thousand to up to 2 million potential extra voters. Those living in the EU, it is thought, are more likely to vote for the UK to remain. Shindler was awarded an MBE in 2014 for his services to Anglo-Italian relations. He still pays taxes on his pension to HM Revenue and Customs. He did not attend the hearing but the court was told that he was watching the proceedings online.
Cases normally take years to progress up from the high court before reaching the UK’s highest court.
The final date for new voters to be registered for the referendum is the first week in June. Britons living overseas for more than 15 years lose their entitlement to vote in elections.
There are disagrements over how many Britons are affected by the ban, with estimates ranging from several hundred thousand to up to 2 million potential extra voters. Those living in the EU, it is thought, are more likely to vote for the UK to remain. Shindler was awarded an MBE in 2014 for his services to Anglo-Italian relations. He still pays taxes on his pension to HM Revenue and Customs.
He did not attend the hearing but the court was told that he was watching the proceedings online.