Voting Rights?: Go to New Zealand

One of the dangers with "burning issues" for the expatriate community is that we end up repeating ourselves, myself included. If not winter flights and tourism or all-inclusives, then voting rights. In addition to repetition, we might also not get a wholly accurate or complete picture.

"Brussels thinks Spain's stance on non-Spanish voters is undemocratic." ("The Bulletin", 15 October.) I'm not sure Brussels does think this. Brussels, or some bureaucrats or politicians lurking within its labyrinths may think, just possibly, that a new decree should be issued regarding voting rights for expatriates in national elections, but if they do, then they would have the whole of the EU in mind. The issue is not a Spanish one but a European one.

Just to remind you. Under terms of the Single Market, provision was made for expatriates (of whatever nationality within the EU) to be able to vote in European and local elections in the country in which they are resident. No provision was made for national elections. That was the agreement, and it still is.

The agreement doesn't prevent countries from granting a vote in general elections, if they so wish. But only two EU countries - Ireland and Portugal - have come anywhere near to doing so. In Ireland, a proposal to permit voting for the Dáil and for the President has been around for three years, but it remains only a proposal.

There are anomalies with voting rights for foreign nationals, such as Irish citizens (and Commonwealth subjects) being permitted to vote in a British general election and, in parts of the UK, a Spanish or any other EU resident being able to vote for a devolved parliament or assembly, while a Brit in Spain cannot vote in a regional election.

Anomalies aside, the undemocratic aspect of voting rights in the EU lies not with the current restrictions on foreign residents but with disenfranchisement from any national election. The UK 15-year rule is not the only such rule. If you are Danish and have permanently lived outside of Denmark for two years, you lose your right to vote.

Such disenfranchisement, unbalanced by a right to vote in the country of residence (i.e. Spain, for our purposes), is undemocratic, or appears to be, as it goes against the principle of universal suffrage. But suffrage itself is wrapped up in concepts of citizenship and national sovereignty. Limited suffrage can be granted, as with the provisions of the Single Market, but in the most important manifestation of suffrage - that of voting for national parliaments - unless you are a citizen of a country, you cannot vote.

There are countries in which foreigners can vote in national elections. Permanent residents in New Zealand can. In Uruguay, there is a fifteen-year qualification rule. But these are very much the exception. The principle is, overwhelmingly, citizenship equals the right to vote for a national parliament; a national parliament is a supreme expression of sovereignty; and sovereignty is enshrined in national constitutions.

The limited rights to voting within the EU have required constitutional amendments. To extend rights to national elections would require further changes and thus a huge political debate. In Spain, any constitutional amendment does, strictly speaking, require a referendum. The EU might mandate voting rights for foreigners in national elections (though I would personally doubt that it would, certainly not in the current climate with the problems with the Euro), but this would still necessitate constitutional changes.

Just think about it for a moment. Would the British Government go along with such a directive from Europe? Well, would it? Apart from anything else, the right-wing press would be in uproar. The same in Spain. While British residents might press their claims to vote, has anyone asked the Spanish what they would think? Politically, it would be a step too far, and for the EU to mandate such a move would probably signal its own collapse. And were it to, then the whole burning issue of voting rights would cease to be an issue.

I have no disagreement with citizenship being paramount in determining who should be allowed to vote (and please, let's not have any we're all Europeans speciousness). Where a change might be made is with respect to the length of time one has been resident, as in Uruguay, but there should also be strings attached, as contemplated by the Irish, one being to pass a language test. After all, if you can't command the language, how can you have true command of the issues, always assuming of course that you are interested? But that is a different matter entirely.


Any comments to andrew@thealcudiaguide.com please.