+600 Members Worldwide Branches in 40 Countries

LI in Paris May 08

Overseas citizens’ loss of voting rights

At Labour International’s Paris meeting on 11 May, we reviewed our overseas voting rights campaign and best forward actions. Labour International, the Labour Party’s section abroad campaigned since 1998 to maintain franchise for all British citizens abroad. The Geneva Branch set up an integrated British community, cross party platform when the Representation of the People legislation was being reformed. However, despite these concerted widespread efforts parliament only reduced the right to vote after 15 years’ absence instead of the government’s proposed 5 years.
 

We wrote to Home Secretary Jack Straw laying out that the right to vote without time restrictions is wholly consistent with relevant international instruments, and is not denied in progressive democracies. In answer on 26 February 2000, the Home Office acknowledged that: 'The Government does consider that returning to the original five year qualifying period may go too far in the other direction' and that there was leeway for Labour International's proposal. In fact 'The Government undertook to look further at this proposal…’
 

Yet 8 years’ on this month, the government’s response to Brian Cave’s petition for the removal of the time limit to the franchise was totally unyielding. ‘Government has no plans to bring proposals before parliament on this question.’ It even opined that ‘Under EU law it lies fully within the competence of members states of the EU to determine the right of their own citizens abroad to vote at their on national elections’. It refers to 2 other restrictive régimes in Europe ignoring the European Human Rights Convention, as justification for denying the fundamental democratic right of 5.5 million British citizens abroad, and those to come abroad, to vote in Britain after 15 years’ absence.
There is a growing critical mass and increasing concern of British communities and individual British citizens abroad about their loss of voting rights, voiced across borders from Belgium, France, Spain, Switzerland, USA. The time has come to consider taking court action. We decided to look into pursuing an application for a High Court Declaration under the Human Rights Act given the recent precedent of the Hirst case on the rights of British prisoners to vote. In the first instance, funding permitting, we hope to request legal counsel to do the initial research to see if a substantive case can be made and won. At the same time we are already renewing our cooperation across parties and with British communities abroad.

http://www.echr.coe.int/Eng/Press/2005/Oct/GrandChamberJudgmentHirstvUK061005.htm/

Sylvia Moore
Deputy Chair Labour International
13 May 2008
--------------------------------------------------------------------------------

Voting rights Brian Cave Poltical_Representation_Article 13 May 08

The Political Parties muscle up to get the votes.

High Court Action possible.
 

The move to attain appropriate political representation for the British expatriates in Europe is gaining pace. The increasing importance of such representation is emphasised by the recent decline of the £ against the euro, the medical care controversy, and the UK government’s attitude towards invalidity benefit payments and benefits to the elderly. Without a political voice our needs are neglected. Those of both right and left wing views in Europe are combining to bring pressure on the home-based Labour and Conservative Parties to bring about change. The UK, hardly a minor State within Europe, is by far the most out of kilter with the other States. ‘British Conservatives in Paris’ research reveals that out of 25 States within the EU, only Ireland, Malta and Cyprus allow no representation of the expatriate to their parliaments. Denmark and the UK are the only other EU nations with restriction on the number of years during which the European resident expatriate can vote; Denmark - 4 years and the UK - 15 years. Italy and Portugal and France are most recognisant and have representatives directly elected by the expatriate communities. My own recent petition to Downing Street put forward such a plan for British expatriates within Europe.
 

Labour International - the overseas section of the Party - is moving fast, but the Conservatives Abroad group are in full support of voting rights reform. The Labour Deputy Chair (Dr. Sylvia Moore) has sent me a report of a conference held on May 11th in Paris. Labour International has campaigned since 1998 to maintain the franchise for all British citizens abroad. The Geneva Branch set up a cross party platform to oppose the proposed reduction of the then 20 years right to vote to 5 years as the Government desired. In the outcome the ‘right’ was reduced to 15 years. Dr. Moore states. “We wrote to Home Secretary Jack Straw laying out that the right to vote without time restrictions is wholly consistent with relevant international instruments, and is not denied in progressive democracies. In answer on 26 February 2000, the Home Office acknowledged that: *'The Government does consider that returning to the original five year qualifying period may go too far in the other direction'* and that there was leeway for Labour International's proposal. In fact *'The Government undertook to look further at this proposal…’*
 

Yet 8 years’ ago this month, the government’s response to Brian Cave’s petition for the removal of the time limit to the franchise was totally unyielding.* ‘Government has no plans to bring proposals before parliament on this question.’ It even opined that ‘under EU law it lies fully within the competence of members states of the EU to determine the right of their own citizens abroad to vote at their own national elections.* It refers to 2 other restrictive regimes [Denmark and Ireland] in Europe, ignoring the European Human Rights Convention, as justification for denying the fundamental democratic right of 5.5 million British citizens abroad, and those to come abroad, to vote in Britain after 15 years’ absence.
 

There is a growing critical mass and increasing concern of British communities and individual British citizens abroad about their loss of voting rights, voiced across borders from Belgium, France, Spain, Switzerland, and USA. The time has come to consider taking court action. We decided to look into pursuing an application for a High Court Declaration under the Human Rights Act given the recent precedent of the Hirst case on the rights of British prisoners to vote [Mr. Hirst, a prisoner, took the UK before the European Court of Human Rights on this matter. The court upheld his right to vote]. In the first instance, funding permitting, we hope to request legal counsel to do the initial research to see if a substantive case can be made and won. At the same time we are already renewing our cooperation across parties and with British communities abroad.”
 

On the right, Christopher Chantrey, the Chairman of the British Conservatives in Paris, emphasises that France Portugal, Spain and Italy are way ahead in this field. France in particular, he says, respects and celebrates the role of French expatriates in promoting the image of France abroad. He remarks “The principal at stake here, at EU level, is that no European citizen should be deprived of the right to vote in national elections on the grounds of the country of residence or duration of residence. Surely the founding fathers of Europe, did not intend the free movement of persons within the EU to be accompanied by the deprivation of a basic human right. The European institutions must ensure that *all* member States toe the line.”
 

Mr Chantrey pointedly refers to the opinion of the Secretary of State for Constitutional affairs, who in 2006 argued that prisoners like Hirst had indeed forfeited the right to vote. “Then is it a crime to live in another European country?” he angrily asks. “It is striking that the European Commission and Parliament allow the UK Government (and a few other minor States) to get away with this. Congratulations to those Governments of France and other States who do not treat their own people like convicted criminals!”