This debate has been really interesting in highlighting how people see what being a British citizen is about. We will come on to this in the next group, so I do not want to do so now, but if we are to use the Westminster franchise—and there are good reasons for doing so, not least that if people have resided here for longer than five years, they have the opportunity to apply for British citizenship and therefore obtain the vote—we may see a big rush in those circumstances. The Minister has the responsibility for giving a clear reason why those people who have worked and lived in this country for a substantial time will not be able to vote on something which will clearly affect their futures in this country.

Lord Faulks: My Lords, Amendment 10, in the names of the noble Lord, Lord Hannay, and the noble Baroness, Lady Smith of Newnham, and Amendment 13, in their names and those of the noble Baroness, Lady Royall of Blaisdon, and the noble Lord, Lord Dykes, would extend the franchise to EU citizens who had resided in the United Kingdom for five years or more. Amendment 15, in the names of the noble Lords, Lord Liddle and Lord Davies of Stamford, would also extend the franchise to EU citizens but would not impose a minimum time period for residency in the United Kingdom.

As has been pointed out, many EU citizens have made the United Kingdom their home and made significant contributions to life in this country. No one would wish to deny that but this is of course a vote about the future of the United Kingdom in Europe, so we say that it is right to use the parliamentary franchise as the basis. As my noble friend Lady Anelay explained at Second Reading, we are following the standard practice across Europe. As far as we are aware, no other European member state extends the franchise for referendums to citizens of other states—and there have been many such votes over the last four decades.

The noble Lord, Lord Hannay, spoke about the exceptional circumstances of this poll. This is an exceptional poll in some respects but it is not the only one with significant constitutional ramifications. Referendums in Europe have dealt with the ratification of EU treaties or the currency that a nation should use. These are not trivial issues, albeit that the noble Lord described them as less consequential. Even so, it is said that this is different as it deals with membership. But there have in effect been other in/out referendums: 17 EU member states held referendums about whether

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to accede to the European Union. Most recently, the Croatian people were asked in 2012. Others have voted not to, including Norway, while in 2013 the people of San Marino voted not even to apply. So far as we can tell, not a single one of those extended the decision to citizens of other states.

Noble Lords in effect suggested that the franchise should extend to include those EU citizens because they are affected by the results of the vote. This argument has its attractions but I respectfully suggest that it does not withstand careful scrutiny. First, why should this test apply only to EU citizens? Yes, the large French community in Kensington or the Portuguese in Stockwell will be impacted to some extent by the decision, but why should it stop at the United Kingdom borders? Surely Spanish citizens in Madrid would feel the effects of Britain leaving, as would the Maltese in Valetta or the Poles in Warsaw. The United Kingdom is a major global power and the EU is the world’s largest market with a population of over 500 million. If the United Kingdom left, a great many people around Europe would be affected to a greater or lesser extent. That hardly means they should all get a vote. Let me respectfully suggest that it is not enough simply to look at who is affected by a vote in order to decide who should take part. Furthermore, the United Kingdom would feel quite deeply the impact of further enlargement of the European Union. That does not mean that in future United Kingdom citizens should be able to vote in an accession referendum in Turkey or Albania or anywhere else that might join the European Union. We need to start elsewhere. That is why the Government brought forward proposals building on the general election franchise and that is the appropriate starting point for a decision of this kind.

As for the five-year residency threshold, the noble Lord, Lord Hannay, and the noble Baroness, Lady Smith, propose in Amendment 13 that it should be given to those who have resided in the United Kingdom for five years or more. This is a much more nuanced amendment than the other one. I wholly understand the noble Lord’s intention for this five-year threshold. No doubt many EU citizens who have settled here for many years feel a connection to the United Kingdom and the noble Lord is saying that we should give them a vote in the poll. Of course the longest resident requirement for EU citizens in order to qualify to apply for British citizenship is five years of lawful residence. After being free of immigration time restrictions for 12 months, an EU national can then apply for naturalisation to become a British citizen. So many EU nationals who meet the noble Lord’s threshold will be able, and have chosen, as the noble Lord, Lord Collins, pointed out, to take up British citizenship. I am sure many choose not to but that does not undermine the point that the option is open to them. Secondly, I draw attention to the practicality of identifying those who fall within the threshold. The franchise for local elections does not include any time limits on residency. Implementing such a limit would therefore be much more complex and time-consuming than simply using the local election franchise.

The noble Lord, Lord Davies, suggested it is unfair to exclude EU citizens when those from Malta, Cyprus or Ireland are included. I respectfully do not believe

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there is any actual inconsistency here. The inclusion of these three member states is not related to their position in the European Union. It is because Malta and Cyprus are part of the Commonwealth and there is a history of reciprocal voting rights, as between the United Kingdom and Ireland. The inclusion of Commonwealth and Irish citizens in the Westminster franchise is a long-standing part of the country’s constitution and it reflects the historical ties shared between the United Kingdom and the Commonwealth. This is a legacy of the Representation of the People Act 1918—the same legislation that extended the vote to women. We could hardly include some Commonwealth citizens and not others in the franchise. Of course there is a requirement of residency; I need hardly say. It would not be right to start unpicking the constitutional relationship between the United Kingdom and the Commonwealth.

Finally, noble Lords will want to reflect very carefully on how this change would look to the public. I entirely accept the point the noble Lord, Lord Hannay, made that this is not intended to affect the Westminster franchise but I return to the point that I made in relation to the first group of amendments, a point also made by my noble friend Lord Ridley. It is of fundamental importance that this vote is not just fair but seen to be fair. To appear, however innocently and whatever the reality behind the reasons, to be altering the franchise to change the result in some way risks undermining the effectiveness of the referendum. No doubt partly for these reasons, the proposals to include EU citizens in the franchise were rejected by large majorities in the House of Commons.

The noble Lord, Lord Wallace, asked whether I could help the House with how many EU citizens were actually on the electoral register. The statistic I have is that there are approximately 2.7 million EU-born citizens resident in the United Kingdom. The source for that is the World Bank’s estimate of migrant stocks in 2010, as updated by the UN Department of Social and Economic Affairs in 2013. I will endeavour to answer that question between now and Report; how successful I will be, I am not sure, but I will certainly endeavour to do so.

I was also asked what would be the consequences for EU nationals were the referendum to result in the United Kingdom leaving the European Union. As the House will know, the Government are confident that they will successfully negotiate a change in the relationship with the European Union and that the Prime Minister will then ask the country to confirm that we should remain a member of the European Union—albeit on somewhat changed terms. So what might happen to these EU citizens is entirely a hypothetical question, but noble Lords may well conclude that it is most unlikely that they would simply be cast loose, as it were, as is suggested.

Lord Higgins: I have been listening very carefully to the debate. Perhaps I may leave a thought with my noble friend. If the unfortunate circumstances arose where it turned out that the result was determined by this particular group or an accumulation of groups which have been controversial, that would obviously

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raise the question of whether the vote was valid in some people’s minds. Is it not therefore important that we should have a very clear definition of what majority is needed to deal with this situation?

Lord Faulks: I think my noble friend is referring to the possibility of some form of threshold. That is not part of the Government’s intention by the Bill. The point he alludes to is important, which is the risk, at least, that if EU nationals are given the right to vote—however cogent the reasons may be because of their participation in our national life—and the vote results by a narrow majority in our staying in Europe, the result of the vote may not command the same confidence that I am sure that all in your Lordships’ House want the referendum to command. In those circumstances, I ask the noble Lord to withdraw his amendment.

Baroness Miller of Chilthorne Domer: I deeply apologise if while the Chief Whip was talking to me I missed the Minister’s response, but I specifically tabled Amendment 18 on what work would be necessary and briefly spoke to it. Perhaps the Minister might be kind enough to address that; otherwise I will need to regroup my amendment with Amendment 14 next Monday.

Lord Faulks: I fear that in order to get a really adequate answer, the noble Baroness may have to regroup her amendment. I endeavoured to say that what might happen to EU nationals was a matter of hypothesis which I fear that the Government are not prepared to go into at this stage.

Lord Hannay of Chiswick: I am most grateful to the Minister for having responded in such a thoughtful way to this amendment, although I have to say that in earlier parts of his statement, I thought he was tempted back again to the reductio ad absurdum he employed on the previous group of amendments. However, we moved on to better ground and he addressed some of the arguments very well. He was very careful, though some others in this debate have been less careful, not to predict that we would know who voted in which way in the referendum, and be able to say, “It was the foreigners that did it”. Other Members of this House seem not to know that we have a secret ballot, but we do.

9.45 pm

On the question of numbers, I have a feeling that a really large misunderstanding lurks beneath the water. That is, the 2.7 million—I think he said—at the latest count, presumably includes all the Irish who actually have the vote in this country. In that case, the figures of my noble friend Lord Green will not make much sense, because they already do. As far as I am concerned—and there is nothing on the Marshalled List that suggests the contrary—I will have nothing whatever to do with the proposition that Commonwealth citizens and Irish citizens who have the vote should be deprived of it. That would be absolutely appalling. The anomaly is created by having the Commonwealth citizens in and the EU citizens out. I would like to

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remove the anomaly, but not remove the Commonwealth citizens, and least of all the Irish, because removing the Irish would strike at the foundation of our relationship with Ireland and the relationship between the two parts of the island in an absolutely disastrous way.

In moving this amendment—I shall shortly withdraw, it of course—I never intended to do that, and I do not intend to do that. I am merely suggesting that the anomaly should be rectified. I think that some of the parallels being drawn with other member states honestly do not stack up. On the question about us having the vote in other people’s accession referendums, it is just not like for like. After all, these are countries that are outside the European Union deciding whether to join it. That is completely different from a major country—one of the four biggest countries in the European Union—deciding to leave after more than 40 years. I use the word “consequential” perhaps a little bit too often, but it is a decision with consequences that far outweigh any of these other points. With that, I beg leave to withdraw the amendment.

Amendment 10 withdrawn.

Amendment 11 not moved.

Amendment 12

Moved by Lord Green of Deddington

12: Clause 2, page 2, line 7, at end insert “by virtue of being, under the British Nationality Acts 1981 and 1983 or the British Overseas Territories Act 2002, a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen or a British subject”

Lord Green of Deddington: My Lords, 20 minutes ago, we thought that we would try to get this done tonight. Do your Lordships want to proceed or would you rather do it on Monday?

Noble Lords: Proceed!

Lord Green of Deddington: Okay. The hour is late, and I shall be extremely brief; I think that I can do this in five minutes or so. Let me set out very briefly the reasoning behind my amendments to Clause 2. Your Lordships will be well aware that the franchise in the referendum Bill is based on that which applies to general elections and is the same as for those. As such, it includes Commonwealth and Irish citizens, whether or not they have become British citizens. That is the point. It is nothing to do with racism and nothing to do with xenophobia: it is a question of who is a British citizen. My amendments are intended to base the franchise on that very concept, because a referendum is not comparable to an ordinary general election, which can be reversed five years later.

I believe that only those who have become British citizens should be permitted to vote. It is interesting that this point about the franchise appears to have been waved through in the other place. There was no discussion of it, and certainly no vote on it. We have, as I mentioned, a total of 3 million Commonwealth citizens in this country, of whom 1.8 million are

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British and will get the vote and 1.2 million are not British, and, I suggest, should not get the vote. I would add to that the 340,000 Irish citizens for the same reason. Of course they can become British citizens—there is no reason why they should not—but, until they do, I do not believe that they should have the vote.

The reason for the present franchise is largely historical, but the opposition Benches might like to recall that in 2007 the noble and learned Lord, Lord Goldsmith, made a report at the request of the then Labour Government on the UK citizenship law. He was a former Attorney-General, and he concluded in respect of the Westminster franchise:

“Ultimately, it is right in principle not to give the right to vote to citizens of other countries living in the UK until they become UK citizens”.

That was a Labour Attorney-General, and no action was taken by the Labour Government. I have been in touch with the noble and learned Lord because I was quoting from his report, and he replied that he could not be here tonight but authorised me to say that he supports the amendments I have tabled. There are three essential reasons for this—

Lord Hannay of Chiswick: I think the noble Lord is doing a little selective quotation from the views of the noble and learned Lord, Lord Goldsmith, who in his report said that the franchise should not be removed from anyone who has it. Would the noble Lord like perhaps to enlighten the House to that bit of the report?

Lord Green of Deddington: The quote was precise. The proposal was that it should be phased out, if that is what you mean—

Lord Hannay of Chiswick: What I am asking is what you mean.

Lord Green of Deddington: Well, what the noble and learned Lord said is that it should be phased out. His view was clearly, as in the bit that I quoted, that those who are not British citizens should not continue to have the vote.

Of the three reasons, the first is the importance of the decision for Britain’s long-term future—that is obvious. Secondly, there is the issue of reciprocity, since no EU Government permits British citizens to vote in their general elections, let alone in a referendum, and no Commonwealth country, except New Zealand, permits foreign citizens to vote in referenda. Thirdly, and lastly, there is the need for clarity. This proposal would remove the anomaly that citizens in Malta and Cyprus, as has been mentioned, can vote not as EU citizens but as Commonwealth citizens. With this amendment, they would not vote as either.

There is a further anomaly in that Commonwealth citizens are able to vote very shortly after they arrive in Britain. For example, a Commonwealth student could be on the electoral register in a matter of weeks. There are no formal checks on his or her nationality, or even on his or her right to be in Britain. An electoral registration officer has the right to ask further questions if he believes that that is justified and he needs it

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before making a determination. However, in practice, it very seldom happens because of the risk of appearing to discriminate. So that of itself amounts to a significant loophole, which is surely unacceptable in a matter of such importance. I should mention in passing that Gibraltarians are not affected because they are British citizens under the British Nationality Act and therefore will get the vote in any case.

There has been some discussion as to whether the various groups proposed for the vote are likely to affect the outcome. As far as I know, there has not been any effective polling to tell us how these people might vote, or how many of them would do so. I suggest that that is a further reason to have the franchise on a clear and defensible criterion.

I close by pointing to the need that is bound to arise for reconciliation. As noble Lords will have noticed this evening, there are certain differences between Members of this House, and of course there are very strong differences in the public. Sadly, one side in this argument will have to face a future for this country which is deeply unwelcome to it. That makes it even more important that arrangements for this historic referendum should be above reproach, as the Minister said, in respect of the question, which I think is now settled, of the franchise, which we are debating today and involves millions of voters, and in the use of government resources, which we will discuss later in this Bill.

As the Minister said, any suspicion that the franchise has been manipulated to achieve a particular result would be deeply harmful for many years to come, as the noble Lord, Lord Blencathra, also said. That is why we need a crystal-clear principle for this franchise, and I suggest it should be the following: only British citizens, of whatever origin—it is not a question of xenophobia or racism—should decide Britain’s future. I beg to move.

Lord Davies of Stamford: My Lords, I concede very happily that the noble Lord has introduced an amendment, the effect of which—

Lord Kerr of Kinlochard: My Lords—

Lord Davies of Stamford: It is normally the case that we switch sides in debates here. We use alternative sides, I think.

There is no doubt that the noble Lord’s amendment restores symmetry and what I called earlier on, in a different context, coherence. He invited me in advance, in the course of the previous debate, to agree to it and to support it. I could not possibly support it. I have no idea whether the noble Lord realises this—I hope he does not realise it because he did not mention it—but his amendment would have the most perniciously destructive effect on our relations with the Republic of Ireland. It would be a breach of the arrangements we have had in place with the Republic of Ireland since 1921, since the time of the treaty, and it would be an explicit breach of the Belfast agreement, which lays down that all citizens of Northern Ireland, who are British citizens, of course, and British subjects, can

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enjoy full civil rights whether they declare themselves to be Irish or British. This would have a devastating effect. If the noble Lord wants to restore symmetry and coherence, he needs to do what was suggested by the noble Lord, Lord Hannay, and turn the thing around, enfranchise EU citizens who are resident in this country and put them on the same footing as citizens of Commonwealth countries.

Lord Green of Deddington: In that case, will the noble Lord explain why British citizens are not able to vote in a referendum in Ireland?

Lord Wallace of Saltaire: My Lords, this amendment demonstrates more than any other that our franchise consists of a series of historical anomalies and needs thorough reconsideration. We are clearly not going to get that for this referendum, but it is one of many problems with the current structure of our constitution.

I agree strongly with the noble Lord, Lord Davies, that the Irish dimension is extremely important. We all know that the Irish Government are actively concerned about the implications for Anglo-Irish relations of Britain voting to leave the European Union. It would very much be Anglo-Irish relations. I think Scottish-Irish relations might then become rather different, but we will see.

I question how conservative the noble Lord’s proposals are. As he notes in the amendment, there is a series of gradations of British citizenship, and full British citizens have a different status from British overseas citizens. I am not entirely clear why someone from the Cayman Islands, for example, or the British Virgin Islands should have the right to vote on our future in the EU, or actually someone from the Channel Islands or the Isle of Man, which are not part of the EU and which pay virtually no tax within Britain, should also be regarded as entitled to vote in a referendum on Britain’s future.

Lord Green of Deddington: The noble Lord asks a very good question. People from the islands he mentions—I think they are all islands—would have the vote if they were resident in Britain. The numbers involved would be trivial. This is a de minimis situation. As the noble Lord said, this is a very complex question of nationality, so there is no answer that will be entirely perfect, but I reckon my suggestion is as close as one can reasonably get.

Lord Wallace of Saltaire: If I may tempt the noble Lord a little further, I recall Migration Watch suggesting at one stage that children of immigrant mothers should be counted in our immigrant population. I do not know whether those people are less than fully British.

Lord Green of Deddington: That is wrong.

Lord Wallace of Saltaire: I think I read it in a Migration Watch suggestion. There was a question of whether people born outside Britain really are fully British citizens. I do not press that because I am aware that both Douglas Carswell and Daniel Hannan were

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born outside the United Kingdom—one I think in Ecuador and the other in Tanzania—and would lose their rights to vote under this. Wherever we stop we run into difficulties in defining who is fully British and entitled to vote, and who is not. I merely remark that since the concept of British citizenship is itself one of the many muddles we must contend with perhaps we need to be very careful how far down this road we go.

10 pm

Lord Blencathra: My Lords, I want to give tentative support at this stage to the noble Lord, Lord Green, and his amendments. Some of us argued in the previous group that there is no justification for non-British citizens, such as EU citizens, to vote in a British national referendum. Indeed, I think that is the Government’s position. All logic, therefore, would suggest that other people who do not have British nationality should not be permitted to vote either. I understand that there are about 3.4 million Commonwealth, Irish and British Overseas Territories citizens in the UK with a right to vote. However, about 1.8 million of these are British citizens and have British nationality. I have no problem with that whatever; indeed, I warmly welcome it. If more people who came to live in this country took British nationality it would possibility reduce some of our other integration problems. To me it is quite simple—maybe noble Lords would say simplistic: if you live here and do not have British nationality then you should have no right to vote in British national elections on a national referendum.

We know how this has come about with the Commonwealth. Many of the Commonwealth voting rights were granted a bit shambolically and haphazardly as Britain decolonised and withdrew from Empire. We understand that. It is a legacy of imperial times and should have no place in our democracy today. We cannot justify a Commonwealth citizen with no connection to the UK, arriving in the UK, registering straightaway and getting a right to vote a few weeks later. No other country in the world does that except ours.

I am now going to make a slightly contrary argument and this is why I say my support is tentative. I think the Government have probably got the right policy in sticking with the electoral roll they suggested. However, and it is slightly hypothetical, if by the end of this process, after ping-pong with the other place we end up with 16 year-olds and EU citizens allowed to vote, it would be outrageous then to allow Commonwealth citizens who are not British nationals to vote. That would be perceived by the British public as really stacking the election. If the 16 year-old vote goes through and is accepted it would then mean that young Commonwealth citizens aged 16 arriving in the UK could quickly register and vote.

I go back to the point that has been made a few times in this House tonight by me—I apologise for making it again—and my noble friends. We want this referendum to be seen as valid, fair and with no jiggery-pokery. If the result is close at a few hundred thousand or a million, then people in this country will look for scapegoats and will blame the various foreigners or young people who have been allowed to vote. I am

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sorry that the noble Lord, Lord Wigley, is not in his place. He was right to raise the spectre of racism. In the last year because of immigration, asylum and the huge movement of people around Europe we have seen more antagonism in this country towards foreigners than ever before—people perceived as coming here from Europe without any right to do so or the fear of a “swarm”. If the message goes out after this referendum that young people from Europe or Commonwealth countries who are not British citizens had the right to vote and that vote is close I am afraid we will have more trouble than we bargained for. It is not a risk worth taking. If we stick with a voting age of 18 and the current electoral register I think that is a workable solution. That is why my support for removing the Commonwealth citizens who are not British nationals is only tentative at this stage.

Lord Kerr of Kinlochard: I can remember the days when the Conservative Party was a very strong believer in the Commonwealth and I rather wish that the noble Lord, Lord Howell of Guildford, was here to join us and give us his views. I am in favour of maintaining Commonwealth ties. My father-in-law, a New Zealand Rhodes scholar, came here as a young man, spent 70 years here, wore the King’s uniform in the war, paid his taxes and never failed to vote. He voted in the 1975 referendum. I would think it a pity if people of that kind were denied a vote in this referendum.

I believe that the noble Lord, Lord Green of Deddington, whom I have known for 50 years and regard as a close friend, is completely wrong on this issue. It is uncomfortable to be caught between the noble Lords, Lord Hannay of Chiswick and Lord Green of Deddington, but we are a rough lot in the Foreign Office and I have learned to put up with it. In my view, there is a very serious immigration issue in this country but the issue is how best to integrate immigrant communities, and that is not best pursued by curtailing their rights.

The strongest argument against the amendment is the Irish one. We all know the long, sad history and the importance—and futility—of the settlement. I think that it would be most unwise to think of reopening that issue now, and I hope that the noble Lord, Lord Green, will withdraw his amendment.

Lord Forsyth of Drumlean: My Lords, I support the noble Lord, Lord Green, who made a compelling case. I thought that what we were discussing was not the future of the Commonwealth, our relations with the Commonwealth or our relations with Ireland but how we would give the British people an opportunity to decide whether their future was in the European Union. It seems to me that the noble Lord, Lord Green, is rightly arguing that British citizens and no one else should be the people to make that decision.

I must congratulate the noble Lord. It is the first time that I can remember in 30 years when the noble Lord, Lord Davies, has been reduced to total silence. He was stopped in mid-sentence when it was pointed out to him that in Irish referendums British citizens do not have a vote. If I had been living in Dublin, I certainly would not have expected to have a say—

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Lord Davies of Stamford: My Lords—

Lord Forsyth of Drumlean: I will give way in a second but perhaps I may finish what I was saying. I would not have expected to have a say in whether the Irish should remain in the European Union. Indeed, if people like me had had a say and the vote had been narrow, I think that people would have been perfectly justified in arguing that this was a matter for the Irish people and not for citizens of other countries who happened to be resident in Ireland.

I very much look forward to the Minister’s reply because I thought that the noble Lord made a number of powerful points, not least—I could see the expressions on the faces of those on the Opposition Front Bench—in bringing to his support the very distinguished former law officer in the previous Labour Administration. We are not here to sort out the problems of the Commonwealth. I very much share my noble friend’s enthusiasm for the Commonwealth but that does not mean that members of the Commonwealth who are resident in this country should have a vote on matters that concern our internal affairs and our future as the United Kingdom.

It is very amusing to see this division of opinion between the former mandarins in the Foreign Office. I have to say to the noble Lord, Lord Kerr, that his arguments are, unusually, a little weak, whereas I felt that the noble Lord, Lord Green, made a powerful and persuasive case. I suspect that if most ordinary people in this country knew the position, they would find it deeply distressing and worrying. I give way to the noble Lord.

Lord Davies of Stamford: I think that the Committee will have enjoyed the spectacle of the three great Foreign Office mandarins disagreeing among themselves.

I have to say to the noble Lord that I was not stopped in mid-sentence. I had completed my last sentence and sat down, and, in consideration to the Committee at a late hour of the evening, I decided not to get up again. However, since the noble Lord insists, I repeat that the amendment of the noble Lord, Lord Green, would lead this country into a blatant breach of the Belfast agreement. That agreement laid down that all citizens of Northern Ireland had the same civil rights whether they called themselves Irish or British, or whether they were the subjects of one country or the other. The Belfast agreement did not make any provision for British subjects living in the 26 counties of the Republic of Ireland. Maybe it should have done but it did not. The fact is that proceeding with the noble Lord’s amendment would lead us to a breach of a major international agreement, with all the consequences that would flow from that.

Lord Forsyth of Drumlean: The noble Lord has not dealt with the fundamental point, which is that we do not have a vote in Irish referendums. I have an Irish son-in-law, and I will ask him, but I would be very surprised if people on either side of the border in Ireland lie awake at night worrying about whether or not they might have a vote on the decision that Britain has to take as to whether or not it wishes to remain part of the European Union. That is a pretty poor

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argument, given that we are concerned here with enabling the British people—British citizens—to decide the future of their country in a referendum in a way that is seen to be fair and equitable.

Lord Hannay of Chiswick: I honestly think that the noble Lord is treating in a very light-hearted fashion an extremely serious matter. I have had quite a lot of dealings with the Irish dimension in the context of the Government’s repatriation of some justice and home affairs legislation. If the noble Lord does not think that people are losing sleep on both sides of the border about the possibility that Britain might not be in the European Union, I am sorry, but he has not been reading very much. They are losing a great deal of sleep about that. If that were to result in the reinstallation of border controls, for both people and goods, the results could be pretty disastrous. A lot of sleep is being lost. If we were to move in the direction that this amendment proposes, it would merely increase the agitation.

Lord Forsyth of Drumlean: It is interesting that the noble Lord is anticipating that we are going to leave the European Union. I did not say that they were not losing sleep over whether or not we would leave the European Union; I said that I doubt they are losing sleep over not having a vote in the British referendum, which is an entirely different point. I am by no means making light of our relationship with Ireland; I think it is very important. However, what people in Ireland are losing sleep over is the amount of money and the destruction that their membership of the euro has cost them. But that is a debate for another day.

The hour is late. I support the noble Lord, Lord Green, and think that the oblique nature of the attacks on his arguments, rather than dealing with the substance of the amendments, indicates that this is a matter that we should return to at a later stage in the Bill.

Lord Lexden (Con): I would like to make a small point of clarification, if I may, as far as the Irish Republic is concerned. At some point under Mrs Thatcher’s Government—I cannot remember the exact year—the Government of the Irish Republic extended to British citizens living there those voting rights that Republic of Ireland citizens have here. If British citizens are excluded from a referendum in the Irish Republic, it is because there is a separate electoral roll for that. As far as parliamentary elections are concerned, we are on all fours with the Irish Republic and have been for some years.

Lord Wallace of Saltaire: May I ask a factual question of the Minister, which, again, he may not be able to answer immediately? Are we sure that we can identify on the British electoral register who are British citizens, who are Irish citizens and who are Commonwealth citizens? I am not aware, from my time looking at electoral registers, that these are listed separately. If they are not listed separately, would it be possible to identify them between now and a referendum that might be in six or 12 months’ time? That seems highly relevant to the ability to apply this amendment, if passed.

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Lord Collins of Highbury: My Lords, if noble Lords are concerned that including Commonwealth and Irish citizens will bring the result of the referendum into question, they might then look back to last May and wonder what happened in the general election. Are we questioning the result of the general election because of their involvement in that franchise?

10.15 pm

There is a serious point here. My noble and learned friend Lord Goldsmith produced a really excellent report about British citizenship, how we build up rights and responsibility and what it means to be British. Actually, his view was that entitlement to vote was an important element of that. I accept that; it is a good point. My noble and learned friend was starting a debate. He laid out some very clear analysis and offered up some alternatives. But, as the noble Lord, Lord Hannay, said, he did not simply say, “This is what we must do”. Let me quote him:

“In making this clear link between citizenship and the right to vote which, in principle, would make sense, there would need to be transitional provisions retaining the right to vote for those who have it now—whilst removing the right of new entrants to have it”.

That is a clear statement that there is not a cut-off point and change straightaway. When we debate this issue, there is a clear distinction between extending the franchise and removing somebody’s existing entitlement.

Lord Green of Deddington: Did the noble Lord hear me say earlier that I have a letter from the noble and learned Lord, Lord Goldsmith, which supports my amendment?

Lord Collins of Highbury: I did. I spoke to my noble and learned friend over the weekend and made it clear that we would not support these amendments, for the reasons that I am now stating. I do not want to delay the Committee any longer. Noble Lords have made their points, and the Minister talked about the arrangements since 1918. We have also made the point about the Good Friday agreement and the impact on that. I would be very keen to hear the Minister’s view about the impact on that agreement, and what the amendments might do to it.

I come back to the basic point that we need a debate. I hope that the report by my noble and learned friend will be reopened and reconsidered so that we have a debate. However, my noble and learned friend was not saying that we should take away people’s current entitlement. That is why the amendments cannot be supported.

Lord Faulks: My Lords, the purpose of these two amendments is to restrict the franchise for the EU referendum so as to prevent Commonwealth citizens who are the citizens of a country mentioned in Schedule 3 to the British Nationality Act 1981, and Irish citizens who are resident in the UK, from voting. As the Committee will be aware, this referendum will use the franchise for parliamentary elections, which includes this category of Commonwealth citizens—for example, citizens of Australia, New Zealand, India and Kenya—and Irish citizens who are resident in the UK.

28 Oct 2015 : Column 1270

This is fair and consistent with the precedents Parliament has previously agreed. For example, this franchise was used for the UK alternative vote referendum in 2011. It is also the franchise set out in the European Union Act 2011, which some noble Lords may remember, which provided for a referendum in the event of transfer of powers and competencies in certain circumstances. It was initially opposed by the Labour Party, but then, I think, there was a change of heart and Labour decided to support the legislation after it had been passed.

The Representation of the People Act 1983 refers to those entitled to vote at United Kingdom parliamentary elections. They include resident Commonwealth citizens and citizens of the Republic of Ireland. “Commonwealth citizens” is a wide term. The categories of persons who fall within the definition of “Commonwealth citizens” are set out at Section 37 of the British Nationality Act 1981. Commonwealth citizens include British citizens as well as those with other types of British nationality, including, for example, British Overseas Territories citizens and British subjects, as well as citizens of those countries listed in Schedule 3 to the Act.

The Act also sets out that, in order to be entitled to register to vote, a Commonwealth citizen must either have leave to enter the United Kingdom or to remain under the Immigration Act 1971, or not require such leave. Citizenship of the country of residence is the normal prerequisite for the right to vote in the elections of that country in most democracies. However, the rights of Irish citizens, and this particular category of Commonwealth citizens, in the United Kingdom are slightly different.

The reason for granting Commonwealth citizens and Irish citizens the entitlement to vote and stand in United Kingdom parliamentary elections lies, as a number of noble Lords have said, in the historical ties we share—as the noble Lord, Lord Wallace, pointed out. In the past, citizens of Commonwealth countries and Ireland were British subjects. As countries have attained independence, the rules on franchise have been maintained and updated. In the case of Ireland, there is a long-standing agreement of reciprocity of voting rights between the UK and Ireland.

When the British Nationality Act 1981 came into force the then Government gave an undertaking to preserve certain rights of Commonwealth citizens resident here, and this included the right to vote. I should remind the House that at a conference held in 1947, the United Kingdom and the Dominions agreed that each should recognise the others’ freedom to devise their own nationality laws, but that all persons identified by such laws as citizens should continue to hold the common status of British subject. Ireland also took part in that conference and a special status was laid down for the benefit of its citizens.

It was agreed that citizens of one country of the Commonwealth who were resident in another country should, within the limits of the new citizenship system and as far as local conditions allow, be given all the rights possessed by citizens of the country in which they are resident. As I have already pointed out, Malta and Cyprus are EU member states but are also members of the Commonwealth and, if they meet the requirements that apply to Commonwealth citizens, they can vote.

28 Oct 2015 : Column 1271

On the occasions when it has considered the issue of Commonwealth and Irish citizens’ voting rights—I understand that the noble Lord, Lord Green, said that it was not considered when the matter went through the other place—Parliament has taken the view that this should not be changed. We say that the referendum is not the place to disturb this franchise. There has been reference to what the noble and learned Lord, Lord Goldsmith, said in 2008 in his citizenship review. I had understood that the passage quoted by the noble Lord, Lord Green, suggested that it was right in principle not to give the right to citizens of other countries until they became UK citizens. That ought to be seen in the context of a wider debate about what it means to be a United Kingdom citizen. I am not suggesting that any vote should be taken away from those who already have a vote for those long-historical reasons. However, it is a view that he has extended by saying that he supports the amendment, and perhaps we will hear his views on Report on that matter. He is entitled to have them. There are strong, historic reasons which we say mean that we should maintain a historic connection and a historic franchise.

Suggestions have been made, both inside and outside Parliament, that one franchise or another would influence the vote in this referendum. I entirely agree—at the risk of repetition—with all those who have said, whether fanciful or not, that any suggestion of changing the franchise might be to the effect of altering the result and needs to be avoided. The referendum should command support. I remain of the view that we should maintain our parliamentary franchise for the EU referendum and continue to include Commonwealth citizens of the countries listed in Schedule 3 to the British Nationality Act 1981 and Irish citizens as part of this.

Lord Forsyth of Drumlean: Can my noble friend confirm, so that we are clear, the position with respect to referenda held in Ireland? Would British citizens living in Ireland be entitled to vote in Irish referenda or not?

28 Oct 2015 : Column 1272

Lord Faulks: I do not believe they would, but in case that is not an accurate answer I will correct it.

Lord Forsyth of Drumlean: If that is the case, what does reciprocity mean in this context?

Lord Faulks: Yes. There is reciprocity. If a British citizen lives in Ireland they have the right to vote there, but not in a referendum. The position is, therefore, that there are long-historical links. The noble Lord, Lord Wallace, asked a question which I cannot answer now. However, I shall endeavour to provide the answer in due course. The amendments have once again provoked an interesting debate, but in the final analysis I suggest that we should stick to the parliamentary franchise, and I ask the noble Lord to withdraw the amendment.

Lord Green of Deddington: I thank noble Lords. It is late enough. I beg leave to withdraw the amendment.

Amendment 12 withdrawn.

Amendment 13 not moved.

House resumed.

Welfare Reform and Work Bill

First Reading

The Bill was brought from the Commons, read a first time and ordered to be printed.

Joint Committee on Human Rights

Message from the Commons

A message was brought from the Commons that they have appointed a Committee of six members to join with the Committee appointed by the Lords as the Joint Committee on Human Rights.

House adjourned at 10.26 pm.

28 Oct 2015 : Column 1273

COMPLETION OF THE OFFICIAL REPORT OF 27 OCTOBER 2015

As a result of a technical problem yesterday, two Division lists were unavailable to the Official Report and could not be published. Both related to the Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015. The Division lists are as follows.

5.28 pm

Division on Lord Kennedy's Amendment

Contents 267; Not-Contents 257.

Lord Kennedy's Amendment agreed.

Division No.  1

CONTENTS

Adams of Craigielea, B.

Addington, L.

Adonis, L.

Allen of Kensington, L.

Alton of Liverpool, L.

Anderson of Swansea, L.

Andrews, B.

Armstrong of Hill Top, B.

Ashdown of Norton-sub-Hamdon, L.

Avebury, L.

Bach, L.

Bakewell, B.

Bakewell of Hardington Mandeville, B.

Barker, B.

Bassam of Brighton, L. [Teller]

Beecham, L.

Benjamin, B.

Berkeley, L.

Bhatia, L.

Blackstone, B.

Blair of Boughton, L.

Blood, B.

Bonham-Carter of Yarnbury, B.

Boothroyd, B.

Bradley, L.

Bradshaw, L.

Bragg, L.

Brennan, L.

Brooke of Alverthorpe, L.

Brookman, L.

Burnett, L.

Campbell of Surbiton, B.

Carter of Coles, L.

Cashman, L.

Clancarty, E.

Clark of Windermere, L.

Clarke of Hampstead, L.

Clement-Jones, L.

Clinton-Davis, L.

Collins of Highbury, L.

Colville of Culross, V.

Corston, B.

Cotter, L.

Crawley, B.

Davies of Oldham, L.

Davies of Stamford, L.

Dean of Thornton-le-Fylde, B.

Desai, L.

Dholakia, L.

Donaghy, B.

Donoughue, L.

Doocey, B.

Drake, B.

Dubs, L.

Dykes, L.

Evans of Temple Guiting, L.

Evans of Watford, L.

Falconer of Thoroton, L.

Farrington of Ribbleton, B.

Faulkner of Worcester, L.

Fearn, L.

Flather, B.

Foster of Bishop Auckland, L.

Foulkes of Cumnock, L.

Fox, L.

Freyberg, L.

Gale, B.

Garden of Frognal, B.

German, L.

Gibson of Market Rasen, B.

Giddens, L.

Glasgow, E.

Goddard of Stockport, L.

Golding, B.

Goudie, B.

Gould of Potternewton, B.

Grantchester, L.

Greaves, L.

Grender, B.

Griffiths of Burry Port, L.

Grocott, L.

Hameed, L.

Hamwee, B.

Hannay of Chiswick, L.

Hanworth, V.

Harris of Haringey, L.

Harris of Richmond, B.

Harrison, L.

Hart of Chilton, L.

Haskel, L.

Haworth, L.

Hayter of Kentish Town, B.

Healy of Primrose Hill, B.

Henig, B.

Hilton of Eggardon, B.

Hollick, L.

Howells of St Davids, B.

Howie of Troon, L.

Hoyle, L.

Hughes of Woodside, L.

Humphreys, B.

Hunt of Kings Heath, L.

Hussain, L.

Hussein-Ece, B.

Hutton of Furness, L.

Irvine of Lairg, L.

Janke, B.

Jay of Paddington, B.

Jolly, B.

28 Oct 2015 : Column 1274

Jones, L.

Jones of Cheltenham, L.

Jones of Whitchurch, B.

Jordan, L.

Judd, L.

Kennedy of Cradley, B.

Kennedy of Southwark, L.

Kennedy of The Shaws, B.

Kerr of Kinlochard, L.

Kerslake, L.

Kidron, B.

Kilclooney, L.

King of Bow, B.

Kinnock, L.

Kinnock of Holyhead, B.

Kirkhill, L.

Kirkwood of Kirkhope, L.

Knight of Weymouth, L.

Kramer, B.

Lawrence of Clarendon, B.

Layard, L.

Lea of Crondall, L.

Lee of Trafford, L.

Leitch, L.

Lennie, L.

Levy, L.

Liddell of Coatdyke, B.

Liddle, L.

Lipsey, L.

Lister of Burtersett, B.

Loomba, L.

Low of Dalston, L.

Ludford, B.

McAvoy, L.

McConnell of Glenscorrodale, L.

McDonagh, B.

Macdonald of Tradeston, L.

McFall of Alcluith, L.

McIntosh of Hudnall, B.

MacKenzie of Culkein, L.

Mackenzie of Framwellgate, L.

McKenzie of Luton, L.

Maclennan of Rogart, L.

McNally, L.

Maddock, B.

Mallalieu, B.

Manzoor, B.

Marks of Henley-on-Thames, L.

Massey of Darwen, B.

Maxton, L.

Mendelsohn, L.

Miller of Chilthorne Domer, B.

Mitchell, L.

Monks, L.

Morgan, L.

Morgan of Ely, B.

Morris of Aberavon, L.

Morris of Handsworth, L.

Morris of Yardley, B.

Newby, L.

Nicholson of Winterbourne, B.

Northover, B.

Nye, B.

Oakeshott of Seagrove Bay, L.

Oates, L.

O'Neill of Clackmannan, L.

Owen, L.

Oxford and Asquith, E.

Paddick, L.

Palmer of Childs Hill, L.

Parminter, B.

Patel of Blackburn, L.

Patel of Bradford, L.

Pendry, L.

Pinnock, B.

Pitkeathley, B.

Plant of Highfield, L.

Prescott, L.

Prosser, B.

Purvis of Tweed, L.

Quin, B.

Radice, L.

Ramsay of Cartvale, B.

Randerson, B.

Razzall, L.

Rebuck, B.

Redesdale, L.

Reid of Cardowan, L.

Rennard, L.

Richard, L.

Roberts of Llandudno, L.

Rodgers of Quarry Bank, L.

Rooker, L.

Rosser, L.

Rowlands, L.

Royall of Blaisdon, B.

Sawyer, L.

Scott of Needham Market, B.

Scriven, L.

Sharkey, L.

Sharp of Guildford, B.

Sheehan, B.

Sherlock, B.

Shutt of Greetland, L.

Simon, V.

Smith of Basildon, B.

Smith of Clifton, L.

Smith of Gilmorehill, B.

Smith of Newnham, B.

Snape, L.

Soley, L.

Steel of Aikwood, L.

Stephen, L.

Stern, B.

Stevenson of Balmacara, L.

Stoddart of Swindon, L.

Stone of Blackheath, L.

Stoneham of Droxford, L.

Storey, L.

Strasburger, L.

Suttie, B.

Symons of Vernham Dean, B.

Taylor of Blackburn, L.

Taylor of Bolton, B.

Teverson, L.

Thomas of Gresford, L.

Thomas of Winchester, B.

Thornton, B.

Tomlinson, L.

Tope, L.

Touhig, L.

Triesman, L.

Truscott, L.

Tunnicliffe, L. [Teller]

Turnberg, L.

Turner of Camden, B.

Tyler, L.

Uddin, B.

Verjee, L.

Wallace of Saltaire, L.

Walmsley, B.

Warner, L.

Warwick of Undercliffe, B.

Watson of Invergowrie, L.

West of Spithead, L.

Wheeler, B.

Whitaker, B.

Whitty, L.

Williams of Baglan, L.

Williams of Crosby, B.

Williams of Elvel, L.

28 Oct 2015 : Column 1275

Willis of Knaresborough, L.

Wills, L.

Worthington, B.

Wrigglesworth, L.

Young of Hornsey, B.

Young of Norwood Green, L.

Young of Old Scone, B.

NOT CONTENTS

Ahmad of Wimbledon, L.

Altmann, B.

Anelay of St Johns, B.

Arbuthnot of Edrom, L.

Arran, E.

Ashton of Hyde, L.

Astor of Hever, L.

Attlee, E.

Baker of Dorking, L.

Balfe, L.

Bamford, L.

Bates, L.

Berkeley of Knighton, L.

Berridge, B.

Best, L.

Bew, L.

Bichard, L.

Blackwell, L.

Blencathra, L.

Borwick, L.

Bourne of Aberystwyth, L.

Bowness, L.

Brabazon of Tara, L.

Brady, B.

Bridgeman, V.

Bridges of Headley, L.

Brookeborough, V.

Brougham and Vaux, L.

Brown of Eaton-under-Heywood, L.

Browne of Belmont, L.

Browning, B.

Buscombe, B.

Butler of Brockwell, L.

Butler-Sloss, B.

Byford, B.

Caithness, E.

Callanan, L.

Cameron of Dillington, L.

Carrington of Fulham, L.

Cathcart, E.

Cavendish of Furness, L.

Chadlington, L.

Chalker of Wallasey, B.

Chisholm of Owlpen, B.

Coe, L.

Colwyn, L.

Condon, L.

Cooper of Windrush, L.

Cope of Berkeley, L.

Cormack, L.

Courtown, E.

Craigavon, V.

Crathorne, L.

Crickhowell, L.

Crisp, L.

Cumberlege, B.

Curry of Kirkharle, L.

De Mauley, L.

Dear, L.

Deben, L.

Deech, B.

Denham, L.

Dixon-Smith, L.

Dobbs, L.

Dundee, E.

Dunlop, L.

Eames, L.

Eaton, B.

Eccles, V.

Eccles of Moulton, B.

Elton, L.

Empey, L.

Evans of Bowes Park, B.

Farmer, L.

Faulks, L.

Feldman of Elstree, L.

Fellowes of West Stafford, L.

Fink, L.

Finkelstein, L.

Flight, L.

Fookes, B.

Forsyth of Drumlean, L.

Fowler, L.

Framlingham, L.

Freeman, L.

Freud, L.

Gardiner of Kimble, L. [Teller]

Gardner of Parkes, B.

Garel-Jones, L.

Geddes, L.

Gilbert of Panteg, L.

Glenarthur, L.

Glendonbrook, L.

Glentoran, L.

Goldie, B.

Goodlad, L.

Goschen, V.

Grade of Yarmouth, L.

Green of Hurstpierpoint, L.

Greengross, B.

Greenway, L.

Griffiths of Fforestfach, L.

Hamilton of Epsom, L.

Harris of Peckham, L.

Hay of Ballyore, L.

Hayward, L.

Helic, B.

Henley, L.

Heyhoe Flint, B.

Higgins, L.

Hodgson of Abinger, B.

Hodgson of Astley Abbotts, L.

Hollins, B.

Holmes of Richmond, L.

Hooper, B.

Hope of Craighead, L.

Howard of Lympne, L.

Howard of Rising, L.

Howe, E.

Howell of Guildford, L.

Hunt of Wirral, L.

Inglewood, L.

James of Blackheath, L.

Jay of Ewelme, L.

Jenkin of Kennington, B.

Jopling, L.

Kakkar, L.

Kalms, L.

Keen of Elie, L.

King of Bridgwater, L.

Kinnoull, E.

Kirkham, L.

Knight of Collingtree, B.

Lamont of Lerwick, L.

Lang of Monkton, L.

Lansley, L.

Lawson of Blaby, L.

Leach of Fairford, L.

Lexden, L.

28 Oct 2015 : Column 1276

Lindsay, E.

Lingfield, L.

Listowel, E.

Liverpool, E.

Livingston of Parkhead, L.

Lothian, M.

Lucas, L.

Luce, L.

Lyell, L.

Lytton, E.

McCluskey, L.

McColl of Dulwich, L.

Macfarlane of Bearsden, L.

MacGregor of Pulham Market, L.

McIntosh of Pickering , B.

Magan of Castletown, L.

Maginnis of Drumglass, L.

Mancroft, L.

Marland, L.

Marlesford, L.

Masham of Ilton, B.

Maude of Horsham, L.

Mawhinney, L.

Mobarik, B.

Mone, B.

Montrose, D.

Moore of Lower Marsh, L.

Morris of Bolton, B.

Moynihan, L.

Naseby, L.

Nash, L.

Neville-Jones, B.

Neville-Rolfe, B.

Newlove, B.

Noakes, B.

Northbrook, L.

Norton of Louth, L.

O'Cathain, B.

O'Loan, B.

O'Neill of Bengarve, B.

O'Neill of Gatley, L.

Oppenheim-Barnes, B.

O'Shaughnessy, L.

Palumbo, L.

Patel, L.

Pearson of Rannoch, L.

Perry of Southwark, B.

Phillips of Worth Matravers, L.

Plumb, L.

Polak, L.

Popat, L.

Prior of Brampton, L.

Rawlings, B.

Renfrew of Kaimsthorn, L.

Ribeiro, L.

Ridley, V.

Risby, L.

Rogan, L.

Rose of Monewden, L.

Rotherwick, L.

Rowe-Beddoe, L.

Russell of Liverpool, L.

Ryder of Wensum, L.

Saatchi, L.

St John of Bletso, L.

Sanderson of Bowden, L.

Sandwich, E.

Sassoon, L.

Scott of Foscote, L.

Seccombe, B.

Selborne, E.

Selkirk of Douglas, L.

Selsdon, L.

Shackleton of Belgravia, B.

Sharples, B.

Sheikh, L.

Shephard of Northwold, B.

Sherbourne of Didsbury, L.

Shields, B.

Shrewsbury, E.

Skelmersdale, L.

Smith of Hindhead, L.

Somerset, D.

Spicer, L.

Stedman-Scott, B.

Sterling of Plaistow, L.

Stevens of Ludgate, L.

Stewartby, L.

Stowell of Beeston, B.

Strathclyde, L.

Stroud, B.

Suri, L.

Sutherland of Houndwood, L.

Swinfen, L.

Taylor of Holbeach, L. [Teller]

Trees, L.

Trefgarne, L.

Trenchard, V.

Trimble, L.

True, L.

Trumpington, B.

Tugendhat, L.

Ullswater, V.

Verma, B.

Wakeham, L.

Walpole, L.

Warsi, B.

Wasserman, L.

Wei, L.

Whitby, L.

Wilcox, B.

Williams of Trafford, B.

Wilson of Tillyorn, L.

Wolfson of Aspley Guise, L.

Wolfson of Sunningdale, L.

Woolf, L.

Young of Cookham, L.

Younger of Leckie, V.

5.45 pm

Division on Lord Tyler's Motion, as amended.

Contents 246; Not-Contents 257.

Lord Tyler's Motion, as amended, disagreed.

Division No.  2

CONTENTS

Adams of Craigielea, B.

Addington, L.

Adonis, L.

Allen of Kensington, L.

28 Oct 2015 : Column 1277

Alton of Liverpool, L.

Anderson of Swansea, L.

Andrews, B.

Armstrong of Hill Top, B.

Ashdown of Norton-sub-Hamdon, L.

Avebury, L.

Bach, L.

Bakewell, B.

Bakewell of Hardington Mandeville, B.

Barker, B.

Bassam of Brighton, L.

Beecham, L.

Benjamin, B.

Berkeley, L.

Blackstone, B.

Blair of Boughton, L.

Bonham-Carter of Yarnbury, B.

Boothroyd, B.

Bradley, L.

Bradshaw, L.

Bragg, L.

Brennan, L.

Brooke of Alverthorpe, L.

Brookman, L.

Burnett, L.

Carter of Coles, L.

Cashman, L.

Clancarty, E.

Clark of Windermere, L.

Clarke of Hampstead, L.

Clement-Jones, L.

Clinton-Davis, L.

Collins of Highbury, L.

Cotter, L.

Crawley, B.

Davies of Stamford, L.

Dean of Thornton-le-Fylde, B.

Desai, L.

Dholakia, L.

Donaghy, B.

Donoughue, L.

Doocey, B.

Drake, B.

Dubs, L.

Elder, L.

Evans of Temple Guiting, L.

Evans of Watford, L.

Falconer of Thoroton, L.

Farrington of Ribbleton, B.

Faulkner of Worcester, L.

Fearn, L.

Flather, B.

Foster of Bishop Auckland, L.

Foulkes of Cumnock, L.

Fox, L.

Gale, B.

Garden of Frognal, B.

German, L.

Giddens, L.

Glasgow, E.

Goddard of Stockport, L.

Golding, B.

Goudie, B.

Gould of Potternewton, B.

Grantchester, L.

Greaves, L.

Grender, B.

Griffiths of Burry Port, L.

Grocott, L.

Hameed, L.

Hamwee, B.

Hannay of Chiswick, L.

Hanworth, V.

Harris of Haringey, L.

Harris of Richmond, B.

Harrison, L.

Hart of Chilton, L.

Haskel, L.

Haworth, L.

Hayter of Kentish Town, B.

Healy of Primrose Hill, B.

Henig, B.

Hilton of Eggardon, B.

Hollick, L.

Howie of Troon, L.

Hoyle, L.

Hughes of Woodside, L.

Humphreys, B. [Teller]

Hunt of Kings Heath, L.

Hussain, L.

Hussein-Ece, B.

Irvine of Lairg, L.

Janke, B.

Jay of Paddington, B.

Jolly, B.

Jones, L.

Jones of Cheltenham, L.

Jones of Whitchurch, B.

Jordan, L.

Judd, L.

Kennedy of Cradley, B.

Kennedy of Southwark, L.

Kennedy of The Shaws, B.

Kerr of Kinlochard, L.

Kerslake, L.

Kilclooney, L.

King of Bow, B.

Kinnock, L.

Kinnock of Holyhead, B.

Kirkhill, L.

Kirkwood of Kirkhope, L.

Knight of Weymouth, L.

Kramer, B.

Lawrence of Clarendon, B.

Layard, L.

Lea of Crondall, L.

Lee of Trafford, L.

Leitch, L.

Lennie, L.

Levy, L.

Liddell of Coatdyke, B.

Liddle, L.

Lipsey, L.

Lister of Burtersett, B.

Loomba, L.

Low of Dalston, L.

Ludford, B.

McAvoy, L.

McConnell of Glenscorrodale, L.

McDonagh, B.

Macdonald of Tradeston, L.

McFall of Alcluith, L.

McIntosh of Hudnall, B.

MacKenzie of Culkein, L.

Mackenzie of Framwellgate, L.

McKenzie of Luton, L.

Maclennan of Rogart, L.

McNally, L.

Maddock, B.

Mallalieu, B.

Manzoor, B.

Marks of Henley-on-Thames, L.

Massey of Darwen, B.

Maxton, L.

Mendelsohn, L.

Miller of Chilthorne Domer, B.

Mitchell, L.

Monks, L.

28 Oct 2015 : Column 1278

Morgan, L.

Morgan of Ely, B.

Morris of Handsworth, L.

Morris of Yardley, B.

Newby, L. [Teller]

Nicholson of Winterbourne, B.

Northover, B.

Nye, B.

Oakeshott of Seagrove Bay, L.

Oates, L.

O'Neill of Clackmannan, L.

Paddick, L.

Palmer of Childs Hill, L.

Parminter, B.

Patel of Blackburn, L.

Patel of Bradford, L.

Pearson of Rannoch, L.

Pendry, L.

Pinnock, B.

Pitkeathley, B.

Plant of Highfield, L.

Prescott, L.

Prosser, B.

Purvis of Tweed, L.

Radice, L.

Ramsay of Cartvale, B.

Randerson, B.

Razzall, L.

Rebuck, B.

Redesdale, L.

Reid of Cardowan, L.

Rennard, L.

Richard, L.

Roberts of Llandudno, L.

Rodgers of Quarry Bank, L.

Rosser, L.

Rowlands, L.

Royall of Blaisdon, B.

Sawyer, L.

Scott of Needham Market, B.

Scriven, L.

Sharkey, L.

Sharp of Guildford, B.

Sheehan, B.

Sherlock, B.

Shutt of Greetland, L.

Simon, V.

Smith of Basildon, B.

Smith of Clifton, L.

Smith of Gilmorehill, B.

Smith of Newnham, B.

Snape, L.

Soley, L.

Steel of Aikwood, L.

Stephen, L.

Stern, B.

Stevenson of Balmacara, L.

Stoddart of Swindon, L.

Stone of Blackheath, L.

Stoneham of Droxford, L.

Storey, L.

Strasburger, L.

Suttie, B.

Taylor of Blackburn, L.

Taylor of Bolton, B.

Teverson, L.

Thomas of Gresford, L.

Thomas of Winchester, B.

Thornton, B.

Tomlinson, L.

Tope, L.

Touhig, L.

Triesman, L.

Tunnicliffe, L.

Turnberg, L.

Turner of Camden, B.

Tyler, L.

Uddin, B.

Wallace of Saltaire, L.

Walmsley, B.

Warwick of Undercliffe, B.

Watson of Invergowrie, L.

Wheeler, B.

Whitaker, B.

Whitty, L.

Williams of Baglan, L.

Williams of Crosby, B.

Williams of Elvel, L.

Willis of Knaresborough, L.

Wills, L.

Wrigglesworth, L.

Young of Hornsey, B.

Young of Norwood Green, L.

Young of Old Scone, B.

NOT CONTENTS

Ahmad of Wimbledon, L.

Altmann, B.

Anelay of St Johns, B.

Arbuthnot of Edrom, L.

Arran, E.

Ashton of Hyde, L.

Astor of Hever, L.

Attlee, E.

Baker of Dorking, L.

Balfe, L.

Bamford, L.

Bates, L.

Berkeley of Knighton, L.

Berridge, B.

Best, L.

Bew, L.

Blackwell, L.

Blencathra, L.

Borwick, L.

Bourne of Aberystwyth, L.

Bowness, L.

Brabazon of Tara, L.

Brady, B.

Bridgeman, V.

Bridges of Headley, L.

Brookeborough, V.

Brougham and Vaux, L.

Brown of Eaton-under-Heywood, L.

Browne of Belmont, L.

Browning, B.

Buscombe, B.

Butler of Brockwell, L.

Butler-Sloss, B.

Byford, B.

Caithness, E.

Callanan, L.

Cameron of Dillington, L.

Carrington of Fulham, L.

Cathcart, E.

Cavendish of Furness, L.

Chadlington, L.

Chalker of Wallasey, B.

Chisholm of Owlpen, B.

Coe, L.

Colville of Culross, V.

Colwyn, L.

Cooper of Windrush, L.

Cope of Berkeley, L.

Cormack, L.

Courtown, E.

Craigavon, V.

Crathorne, L.

Crickhowell, L.

28 Oct 2015 : Column 1279

Crisp, L.

Cromwell, L.

Cumberlege, B.

Curry of Kirkharle, L.

De Mauley, L.

Dear, L.

Deben, L.

Deech, B.

Denham, L.

Dixon-Smith, L.

Dobbs, L.

Dundee, E.

Dunlop, L.

Eames, L.

Eaton, B.

Eccles, V.

Eccles of Moulton, B.

Elton, L.

Empey, L.

Evans of Bowes Park, B.

Farmer, L.

Faulks, L.

Feldman of Elstree, L.

Fellowes of West Stafford, L.

Fink, L.

Finkelstein, L.

Flight, L.

Fookes, B.

Forsyth of Drumlean, L.

Fowler, L.

Framlingham, L.

Freeman, L.

Freud, L.

Gardiner of Kimble, L. [Teller]

Gardner of Parkes, B.

Garel-Jones, L.

Geddes, L.

Gilbert of Panteg, L.

Glenarthur, L.

Glendonbrook, L.

Glentoran, L.

Goldie, B.

Goodlad, L.

Goschen, V.

Grade of Yarmouth, L.

Green of Hurstpierpoint, L.

Greengross, B.

Greenway, L.

Griffiths of Fforestfach, L.

Hamilton of Epsom, L.

Harris of Peckham, L.

Hay of Ballyore, L.

Hayward, L.

Helic, B.

Henley, L.

Heyhoe Flint, B.

Higgins, L.

Hodgson of Abinger, B.

Hodgson of Astley Abbotts, L.

Hollins, B.

Holmes of Richmond, L.

Hooper, B.

Hope of Craighead, L.

Horam, L.

Howard of Lympne, L.

Howard of Rising, L.

Howe, E.

Howell of Guildford, L.

Hunt of Wirral, L.

Inglewood, L.

James of Blackheath, L.

Jay of Ewelme, L.

Jenkin of Kennington, B.

Jopling, L.

Kakkar, L.

Kalms, L.

Keen of Elie, L.

King of Bridgwater, L.

Kinnoull, E.

Kirkham, L.

Knight of Collingtree, B.

Lamont of Lerwick, L.

Lang of Monkton, L.

Lansley, L.

Lawson of Blaby, L.

Leach of Fairford, L.

Lexden, L.

Lindsay, E.

Lingfield, L.

Listowel, E.

Liverpool, E.

Livingston of Parkhead, L.

Lothian, M.

Lucas, L.

Luce, L.

Lyell, L.

McCluskey, L.

McColl of Dulwich, L.

Macfarlane of Bearsden, L.

MacGregor of Pulham Market, L.

McIntosh of Pickering , B.

Mackay of Clashfern, L.

Magan of Castletown, L.

28 Oct 2015 : Column 1280

Maginnis of Drumglass, L.

Mancroft, L.

Marland, L.

Marlesford, L.

Masham of Ilton, B.

Maude of Horsham, L.

Mawhinney, L.

Mobarik, B.

Mone, B.

Montrose, D.

Moore of Lower Marsh, L.

Morris of Bolton, B.

Moynihan, L.

Naseby, L.

Nash, L.

Neville-Jones, B.

Neville-Rolfe, B.

Newlove, B.

Noakes, B.

Northbrook, L.

Norton of Louth, L.

O'Cathain, B.

O'Loan, B.

O'Neill of Bengarve, B.

O'Neill of Gatley, L.

Oppenheim-Barnes, B.

O'Shaughnessy, L.

Palumbo, L.

Patel, L.

Perry of Southwark, B.

Phillips of Worth Matravers, L.

Plumb, L.

Polak, L.

Popat, L.

Prior of Brampton, L.

Rawlings, B.

Renfrew of Kaimsthorn, L.

Ribeiro, L.

Ridley, V.

Risby, L.

Rogan, L.

Rose of Monewden, L.

Rotherwick, L.

Rowe-Beddoe, L.

Russell of Liverpool, L.

Ryder of Wensum, L.

Saatchi, L.

Sanderson of Bowden, L.

Sandwich, E.

Sassoon, L.

Scott of Foscote, L.

Seccombe, B.

Selborne, E.

Selkirk of Douglas, L.

Selsdon, L.

Shackleton of Belgravia, B.

Sharples, B.

Sheikh, L.

Shephard of Northwold, B.

Sherbourne of Didsbury, L.

Shields, B.

Shrewsbury, E.

Skelmersdale, L.

Smith of Hindhead, L.

Somerset, D.

Spicer, L.

Stedman-Scott, B.

Sterling of Plaistow, L.

Stevens of Ludgate, L.

Stewartby, L.

Stowell of Beeston, B.

Strathclyde, L.

Stroud, B.

Suri, L.

Sutherland of Houndwood, L.

Swinfen, L.

Taylor of Holbeach, L. [Teller]

Trees, L.

Trefgarne, L.

Trenchard, V.

Trimble, L.

True, L.

Trumpington, B.

Tugendhat, L.

Ullswater, V.

Verma, B.

Wakeham, L.

Walpole, L.

Warsi, B.

Wasserman, L.

Wei, L.

Whitby, L.

Wilcox, B.

Williams of Trafford, B.

Wilson of Tillyorn, L.

Wolf of Dulwich, B.

Wolfson of Aspley Guise, L.

Wolfson of Sunningdale, L.

Young of Cookham, L.

Younger of Leckie, V.