Expats go to High Court to vote in EU referendum

Expat Britons living in Europe have launched legal action for their right to vote in the UK referendum on the EU.

The High Court proceedings could mean that the 23 June referendum has to be delayed in order for as many as two million names to be put on the register of voters.

“We will take any steps necessary to get the vote,” said tireless campaigner Harry Shindler, 94, a veteran of WWII who lives in Italy and is one of two expats named on the legal action.

“It is quite undemocratic and we have tried everything – I’ve written to the Prime Minister, it’s been raised in the House of Commons, to no avail. The only thing to do now is go to a court of law.

“It might well delay the referendum if we’re successful but it doesn’t have to. There are cases where legislation has been fast-tracked through Parliament in a few days.”

The ’15-year-rule’ prohibits long-term expats from voting in UK elections. It is estimated that some two million of them are living in Europe.

The Conservatives’ Votes for Life Bill was mentioned in the Queen’s Speech, but has not gone through Parliament, thus excluding many expats from participating.

Many expats fear Brexit could hinder freedom of movement, access to health care and the potential of having their pensions frozen.

On Wednesday Leigh Day law firm will issue urgent judicial review proceedings in the High Court.

They will argue that the EU Referendum Act – which excludes those who fall under the 15 year rule - breaches their rights under European law.

Richard Stein, a lawyer from Leigh Day, said: “Our clients are being penalised for exercising their EU free movement rights. The EU Referendum Act 2015 is said to be based on legislation for UK parliamentary general elections.  But it gives a vote in the referendum to members of the House of Lords, as well as to Irish and Commonwealth citizens who are resident in Gibraltar. None of these are allowed to vote in UK general elections.

“The people it arbitrarily excludes are those UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum.

 “Not to allow them to vote on the decision whether the UK remains part of the EU is unlawful and we have asked the court to deal with the issues urgently so that the act can be amended before the June date, to include all UK citizens residing in the EU for however long,” he said.

Mr Stein expects the court to give a decision by the third week of April.

Harry Shindler, MBE, was hailed as a “remarkable” man who “lost his voice in the nation for which he fought” by EU Justice Commissioner Viviane Reding. He was named in January as one of the Daily Telegraph’s Britons of the Year.

Mr Shindler has said: “This is a very important issue, a fundamental issue of democracy and there’s no question we will win at the end of the day.”

In a bleak assessment of the future of expats after a Brexit, a UK government document presented to parliament last month said none of the
rights to work, reside, own property or find a doctor would be guaranteed.

"There would be no requirement under EU law for these rights to be maintained if the UK left the EU."

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