Re: Voting Rights
 

The main point made in the British government’s latest response to the European Court of Human Rights (ECHR) on the Harry Shindler challenge to the 15 year non-residence rule, which limits his voting rights as a long term expatriate in Italy, is that he has failed to exhaust his domestic remedies prior to submitting his application to the ECHR.

Such a remedy is demonstrated by the domestic case of James Preston in which he declares that the 15 year rule is unlawful and that his application to be registered as a voter should be reconsidered on the basis of that declaration.

The government argues that it is the case here that such an available claim under domestic law would provide a realistic basis for achieving the result which, it is claimed , the Human Rights Convention requires.

It is interesting that the above argument also reflects the government’s aim, during its current 6 months chairmanship of the Council of Europe, which oversees the ECHR, for a legal reform which would stop the ECHR from overruling the decisions of British judges e.g. on individual immigration cases.
According to the UK’s Justice Secretary, the ECHR should concentrate instead on more serious issues of principle concerning a member state, or its courts, or its parliament, which arguably breach the European Human Rights Convention and require an international court.

This is becoming an intellectual exercise now the lawyers are involved!
Rod

Re: Voting Rights
 

.....and so another way to address a political problem is via the media!
With the British public holding its armed forces in high esteem, the government needs to be careful not to upset the media with its treatment of WWII veteran Harry Shindler who put his life on the line for his country when a young soldier as this new article in the Telegraph describes.
Rod

Re: Voting Rights
 

How can HMG say that he has failed to exhaust his domestic remedies if he has had to go to the EHRC for a resolution.?
On what basis do they base that on.?

I really must say they are mealy mouthed in the Civil Service, its almost as if there is a secret book of "Rules" that they don't let on about. The problem is they will take years to reply to a question knowing full well the individual hasnt got that time. Any new applicant has to start from the begining. It would help if they provided a list but that is probably continually being updated.

Its a shame we are the only ones here making comment on this Rod, perhaps people are just not interested in losing their vote, after all they have already moved out of the UK, so what do they want to vote for.!

Keep up the good work

Re: Voting Rights
 

It's good to hear from you again, Domino, and not least with the encouragement for me to at least keep pegging away!
I've just heard that the parallel James Preston voting rights claim against the British government as argued by his legal council in the London High Court has just been turned down but it seems that there still remain some grounds for an appeal.
The road is long but we seem to be winning some sympathetic ears in Westminster, although another objection seems to be that the low number of overseas voters registered on the Electoral Roll indicates a general apathy about their voting rights amongst British expats anyway(which mirrors your last comment above).
Kind regards,
Rod

Re: Voting Rights
 

The free movement of goods, services and citizens of member states is guaranteed by treaty within the European Union (EU). It's interesting then that the high court judgement in London recently went against James Preston in his expatriate voting rights case against the British government. The judges decided that his disenfranchisement after 15 years does not constitute a deterrence to his free movement within the EU.

Re: Voting Rights
 

Rod, doesnt that make for an anomoly??

The freedom of movement within the EU isnt being queried, it is the loss of voting rights. That other countries do allow the voting right to continue after leaving the country is surely what should be aimed for. That the UK goes only part the way and cuts it off at 15 years makes for no sense at all.
It isnt as if the individual will then gain the right to vote in another country - because we know he won't, unless he gives up his birth-right.

"maintain the status quo" isnt surely a decision, it is sitting on the fence, something the British Judiciary is very good at doing.

Re: Voting Rights
 

Hello Domino,
I think you sum it up very well with your "sitting on the fence" description of the attitude our judiciary, which seems to want to give a nod towards the European courts while at the same time not wanting to displease the British politicians.

Happy Christmas:)
Rod

Re: Voting Rights
 

Hi Rod
apologies for not responding earlier, was using a borrowed computer but having completed the move, have now got my own desktop out of the box and can wish you a happy and fruitful New Year in your private life as well as in your endeavours to get more interest in the Voting Rights of Expats by both those Expats and the legislators who are dragging their heels.

I also see there have been over 2000 hits on this thread so there is some interest out there, just not many wishing to contribute at the moment, so Happy New Year to all of you, and if you have something to say please come in and have a chat, but sorry, you will have to bring your own coffee.

kind regards
Dom

Re: Voting Rights
 

Hello Domino,
It's good to note the continuing interest with over 2000 hits on the thread encouraging me to keep plugging away at the theme of voting rights.
The UK is currently chairing the European Council which also oversees the European Court of Human Rights (and is actually not an EU court). The British government also seems to be minded to reform the way the ECHR operates, being more than irritated it seems by e.g. the court's contrary (to that of the British government's view) ruling on prisoners' voting rights, individual immigration cases etc. It thinks the court should concentrate instead on more major issues such as basic freedom and torture etc. There's also talk of a time-out option on long running cases to cut the backlog of some 150,000 cases. I just hope the Harry Shindler case doesn't become a casualty of this conflict. It seems perverse that the government wants the ECHR to concentrate on major issues but defends its own stance on voting rights by countering that the democratic right to universal suffrage (a major issue I would suggest) does not yet form part of the European electoral heritage (the latter ironically also as a result of a previous British government negotiation!).
My best wishes for the New Year also (I can taste that coffee already!),
Rod

Re: Voting Rights
 

It's good to get some more positive observations from the House of Lords on the problems facing British overseas voters!.:)
View this video link to the 12th January, 2012 debate in the House of Lords on Electoral Registration.

Fast forward the timer by 42 minutes to listen to Lord Lexden calling for the removal of the 15-year-limit on overseas voting rights, which he views as essentially discriminating against British overseas voters compared with the way other advanced democracies treat their expatriates. Baroness Kennedy of The Helms and then Lord Astor who follow Lord Lexden, also address the ineffectiveness of the postal voting system which, due to the tight timescale, basically disenfranchises overseas voters for every election.
The full transcript of the debate can be found here.