Ex-pats to seek Supreme Court hearing on EU referendum voting rights

Two Britons living in other EU member states are to seek permission to appeal to the UK Supreme Court after their attempt to be allowed to take part in the EU referendum was rejected by the Court of Appeal today.

Scottish solicitor Jacquelyn MacLennan, who lives and works in Belgium, and war veteran Harry Shindler, who lives in Italy, claimed that the statutory provision that excludes from voting those who have lived outside the UK for more than 15 years, acted as a penalty against exercising their rights of free movement under EU law.

They failed at first instance in the High Court (click here for report) and today the Court of Appeal upheld that decision. 

Lord Dyson, Master of the Rolls, sitting with Lord Justice Elias and Lady Justice King, held that there was no unlawful interference with the claimants' rights.

Lord Dyson said the European Union Referendum Act 2015 did not fall within the scope of EU law at all, and the claim failed "at the first hurdle".

He added that the common law right to vote did not take precedence over an Act of Parliament.

The court refused permission to appeal to the Supreme Court, but the claimants will petition the court itself for permission at a hearing on Tuesday 24 May. If permission is granted, the hearing will take place the same day. 

The UK Government has said the referendum will be unable to take place as scheduled on 23 June if the case succeeds.