Two Britons living abroad have lost their case in the High Court over the right to vote in the June referendum on whether or not the UK should stay in or leave the EU. However, they will seek leave to appeal to the Supreme Court against the judgment.
The legal challenge was brought by WWII veteran Harry Shindler, who lives in Italy, and Jacquelyn MacLennan, who lives in Belgium. Both have lived outside the UK for more than 15 years, which means they have no right to vote under the current law.
Their argument is that the referendum directly affects them, as they live in counties within the bloc and therefore called for a judicial review (JR), asking the judges to declare that section two of the EU Referendum Act 2015, which established the “15-year rule”, unlawfully restricts their right to freedom under EU law.
As their QC pointed out, a victory for the “Leave” campaign could lead to Mr Shindler and Ms MacLennan becoming “resident aliens” in Europe. They would no longer be EU citizens and their right to live, work, own property, and receive health care free at the point of use, could be placed in jeopardy
According to the expat campaigners, the 15-year cut-off is arbitrary and the rules governing UK elections, which form the basis for the referendum franchise, are not being applied evenly, as the Act extends the right to vote to peers and to residents of Gibraltar, who would also not normally be able to take part in general elections.
However, the judges said they did not consider the 15-year rule to be arbitrary “in any legally significant sense” and a “bright line rule” was needed to identify a point at which extended residence abroad “might indicate a weakening of ties with the UK”.