EU-based ex-pats lose final round in referendum vote bid

Two Britons living in other European Union member states have lost the final round of their attempt to be allowed to take part in the referendum on the UK's membership of the EU.

Scottish solicitor Jacquelyn MacLennan and war veteran Harry Shindler were today refused permission by the UK Supreme Court to appeal the Court of Appeal's decision dismissing their challenge to the lawfulness under EU law of s 2 of the EU Referendum Act 2015, which excludes from the vote those who have been resident outside the UK for more than 15 years.

The claimants maintained that their disenfranchisement constituted a unjustified restriction of their EU law rights to move and reside within the territory of the member states, and separately that the common law afforded protection to their right to vote as British citizens and full members of the United Kingdom. (Click here for previous report.)

Giving the court's decision, Deputy President Lady Hale stated: "We should make it clear that the question is not whether this particular voting exclusion is justifiable as a proportionate means of achieving a legitimate aim.

"The question is instead, first, whether European Union law applies at all, as only if it does so is there any possibility of attacking an Act of Parliament; and secondly, if so, whether there is any interference with the right of free movement.

"Assuming for the sake of argument that European Union law does apply, we have decided that it is not arguable that there is an interference with the right of free movement, for the reasons given by the Divisional Court and the Court of Appeal.

"We do have considerable sympathy for the situation in which the applicants find themselves and we understand that this is something which concerns them deeply. But we cannot discern a legal basis for challenging this statute.

"Accordingly the application for permission to appeal is refused."