Registration and voting rights of European Union citizens: draft changes to regulations
Draft regulations to implement the franchise measures in the Elections Act 2022, amending the voting rights of EU citizens for elections that use the local government franchise and are reserved to the UK Parliament.
Applies to England and Wales
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The Elections Act 2022 delivers our commitment to maintain the integrity of UK elections making sure they remain secure, fair and modern. Through the Act, Parliament resolved to update the franchise for European citizens to reflect the decision made by the UK people in 2016 to leave the European Union, and the new relationship we have with Europe.
The automatic right that European citizens have to vote and stand in local elections in the UK granted solely as a consequence of our EU membership is not one which can continue. There has never been a general right for European nationals to vote in Parliamentary elections - choosing the next UK government is already rightly restricted to British citizens and those with the closest historic links to our country, and this will not change. Going forward, the local voting rights of EU citizens living in the UK should be considered alongside the rights and interests of British citizens living abroad.
In future, the rights of EU citizens living in the UK will rest on the principle of a mutual grant of rights, through agreements with EU Member States. These bilateral voting and candidacy agreements ensure that we also protect the rights of British citizens living in EU countries. We have already secured such agreements with Spain, Portugal, Luxembourg and Poland.
In line with the government’s commitment to respect the rights of EU citizens who chose to make the UK their home prior to the end of the Implementation Period, all EU citizens who have been living in the UK since before 31 December 2020 will also retain their voting and candidacy rights, provided they retain lawful immigration status.
As part of the process of implementing the Elections Act, the government has today (7 June 2023) published the draft statutory instrument ‘the Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023’ with an accompanying draft explanatory memorandum. The statutory instrument will make the requisite changes to voter registration and electoral administration processes to implement this franchise change. It makes changes to processes to facilitate the future registration of eligible EU citizens under the updated criteria, and it also sets out a fair and transparent process by which electoral registration officers will undertake a one-time review of those EU citizens who are currently registered to determine if they remain eligible to vote in the relevant polls. We will continue to engage with key stakeholders to support efficient delivery of these important changes, as we have throughout development of the policy and processes.
These changes will apply to all levels of local election in England and other local polls or referendums, and to Police and Crime Commissioner elections in England and Wales. A parallel Statutory Instrument will also apply these changes to local elections in Northern Ireland and elections to the Northern Ireland Assembly. Other local and devolved elections in Scotland and Wales are within the remit of the devolved administrations and so are not in scope.
The statutory instrument is published in accordance with the procedure required by Schedule 8 to the European Union (Withdrawal) Act 2018 and agreed with Parliament. The statutory instrument is being published in draft at least 28 days before being laid in draft to be considered under affirmative procedures in parliament.