Expats bring High Court action over exclusion from Brexit referendum

British citizens abroad argue they are being disenfranchised by 1982 voting rule

The government is to face a legal challenge over its failure to allow up to two million Brits the right to vote in this summer's crucial EU referendum.

Despite the Conservative 2015 manifesto including a pledge to introduce votes for life, scrapping an 'undemocratic' rule that bars British citizens who have lived abroad for more than 15 years from voting, the government has not proposed new legislation to allow expats a say on the UK's future this June.

Leigh Day has confirmed it is lodging High Court proceedings this week and argues that, under the EU Referendum Act 2015, expats are being denied the right to vote on the UK's continued EU membership.

The law firm - which in recent years has become a scourge of the government - claims that excluding British citizens from voting acts as a disincentive from, and a penalty for, exercising the right to free movement and is therefore incompatible with EU law.

Richard Stein, a partner at 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 EU 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.'

A successful judicial review would require the government to rush through amended legislation to change the franchise for the referendum in June 2016.

There is precedent for fast-tracking legislation. The Data Retention and Investigatory Powers Act 2014 received royal assent three days after being passed by parliament.

Charlotte Oliver, an English lawyer based in Rome and who supports the action, said: 'I am one of millions of people who make up the ever-increasing international British community, having lived in Italy since 2001 for family reasons. However, I still consider the UK my home, and the place where I will retire one day.

'As the Conservative party made clear in their manifesto, there should be a vote for life for British citizens. The cut-off point of 15 years is arbitrary and arcane given travel and communications have improved so much since it was imposed in 1982.

'It does not prove that a person has severed all ties with their country of origin. I cannot vote in Italian elections either as I am not an Italian national, so I am disenfranchised.'

The dual-qualified lawyer, who represents international clients in Italy thanks to the European Directive on the Freedom of Establishment, which allows lawyers to practice in member states other than the country of qualification, added: 'The decision of the UK to stay in or leave the EU is therefore something which affects me personally and professionally. I believe I should have the right to have my voice heard.'

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