It is a pleasure to be called so early in this debate. With no disrespect to the hon. Member for North East Fife (Stephen Gethins), I will speak to amendments 12 and 13, which stand in my name.
On Second Reading, my right hon. Friend the Foreign Secretary indicated that this is an important matter for the United Kingdom—it is indeed—and therefore that the appropriate franchise is the general election franchise. That, in my respectful judgment, is absolutely correct.
This Bill extends the franchise to Gibraltar because it is part of the south-west constituency of the European Parliament. Clause 2(1)(c) states that those entitled to vote will include
“Commonwealth citizens who, on the date of the referendum, would be entitled to vote in Gibraltar as electors at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised.”
The difficulty, however, is that the proposed franchise for Gibraltar is not the general election franchise, because it leaves out of the count those who are citizens of the Republic of Ireland.
I know not how many people that may affect—it may affect three, five or a dozen, or it may affect none—but if we are going to pass legislation, it should be consistent. I suspect that, because this is a new extension of the franchise, the issue was overlooked by the Government and the Foreign Office lawyers when they considered how the Bill should be drafted to extend the franchise to Gibraltar.
I do not intend to push the amendment to a vote, but, because this House aims for consistency and because the Government’s stated aim is to use the general election franchise, the franchise extended to Gibraltar, with the consent of its Government, should be the same franchise as that which is used for general elections in this country.
That is why I ask the Minister to consider amendment 12 and perhaps table it as a Government amendment. It would insert words designed to ensure that those who are citizens of the Republic of Ireland but who are none the less domiciled in Gibraltar are entitled to vote in the forthcoming referendum.
Amendment 13 seeks to deal with the definition of “Commonwealth citizens”. I have searched long and hard in electoral law, including the Representation of the People Acts, and, indeed, in this Bill and other sources to try to ascertain who is and who is not a Commonwealth citizen. There is, obviously, a broader debate to which this House may wish to turn in due course, particularly given the accession of Mozambique and Rwanda to the Commonwealth, about whether Commonwealth citizens should continue to be part of the franchise for general elections in this country. There is also, however, an entirely different problem, which relates most acutely to nationals of Zimbabwe who are resident in this country and in Gibraltar.
At the moment, Zimbabwe is not a member of the Commonwealth; it has simply withdrawn from it. The Commonwealth ministerial action group is charged with deciding who is and who is not a member of the Commonwealth, who is suspended and whose membership is terminated, and it is unclear whether or not some countries—for example, Fiji—are presently members of the Commonwealth for all purposes.
I know not whether there is non-statutory guidance for returning officers, but the law is unclear whether they are supposed to afford the right to vote in a general election to a national of Zimbabwe, which, as I say, is not presently a member of the Commonwealth.
As I understand it, a previous Government indicated that no Zimbabwean should, as a result of that country’s withdrawal, suffer in respect of their ability to vote in general elections. However, in the absence of a definition, who is and who is not entitled to vote among Commonwealth citizens of countries that have been suspended from the Commonwealth or that have terminated their membership is, in practice, entirely unclear. We might therefore end up with the position where in one place in this country, a Zimbabwean national is on the electoral roll and entitled to vote, whereas in another place, a Zimbabwean national is not entitled to vote because the returning officer takes the view, rightly or wrongly, that Zimbabwe is not a member of the Commonwealth and therefore that that person is not a Commonwealth citizen.
There is a much broader debate to be had about this matter, but the Government need to ensure that there is consistency across the entire country and to make it clear whether the national of a Commonwealth country that has withdrawn from the Commonwealth or been suspended by the Commonwealth ministerial action group who has permanent leave to be here and should therefore be entitled to a vote is able to vote. When the Minister responds, I would like to hear what his plans are in this area.
Amendments 12 and 13, although they originate from the Back-Benches, are meant to be helpful to the Government, in the sense that they will provoke debate and ensure that there is consistency across the legislation. For that reason, I look forward to hearing from the Minister what the Government’s attitude to them is.