Keir Starmer’s plan to extend the right to vote in a general election to foreign nationals has been politically polarising. Many see it is a fundamental democratic right; others have seized on it as a leftwing plot to reverse Brexit. The Conservative party chair, Greg Hands, accused the Labour leader of a plot to “rig the electorate”, while his predecessor in the role, Nadhim Zahawi, claimed it was a move to “soften the nation” to get the UK back into the EU. What is the plan and is it really radical thinking? The Labour party is working on a package of proposals that includes extending voting rights to about 5 million EU citizens and other non-nationals permanently residing in the country. At the same time, it is considering changing the law to allow over-16s to vote. Starmer has said it “feels wrong” to exclude EU citizens who live and pay tax in the UK from general elections. But the proposal is to extend the vote to all non-citizens settled in the country, not just those from the EU. What has Starmer said about those affected? Starmer has said it does not pass the “common sense test” that settled migrants who have worked in the UK for decades do not have full voting rights. “The thinking behind it is if someone’s been here say 10, 20, 30 years, contributing to this economy, contributing to the community, they ought to be able to vote,” he said. On 16- and 17-year-olds, Starmer said: “They can have babies, they can work, they can join the army, so there are big things you can do at 16 and 17. And again, it’s not such an outlandish idea. In Wales it already happens, in Scotland it already happens.” How many would it affect? It could bring about 6.5 million new voters on stream. The total number of EU citizens with settled or pre-settled status in the UK is 6.2 million, of whom 5 million are over 18 years old. If Labour comes to power and gives EU citizens and 16- and 17-year-olds the vote, this could swell to about 6.5 million. Irish nationals and qualifying Commonwealth citizens, who do not require leave to enter or remain in the UK, can already vote in all British elections as a result of historic ties.
How would this come about? The law would have to be changed, which could involve a new act of parliament, given the controversy over the issue. Can foreign nationals vote in general elections in other countries? Foreign nationals are generally not allowed to vote in general elections. This is the case in the US and across the EU. What about British nationals who are not resident? UK citizens living outside the country should soon be able to continue to vote in British elections even if they have been overseas for more than 15 years. Secondary legislation to give effect to the overseas voting rights in the Elections Act 2022 is still to be laid, however. What about local elections? Before Brexit, EU citizens had the right to vote in local and European parliament elections. After the Elections Act 2022, EU citizens who come to the UK in future, or who settled in the UK after 1 January 2021 when Brexit came into force, will not be able to vote in local elections or stand for public office. Are there exceptions? Irish and Commonwealth citizens maintain local election voting rights. So too do citizens of Spain, Portugal, Luxembourg and Poland, after bilateral agreements that also enable British citizens settled in those countries to vote in local elections in their towns and cities.