Publications

Joint ECNI/NIHRC Briefing on the provisions on Voting/Candidacy Rights of EU citizens in Northern Ireland and the Elections Bill

Date produced: March 2022

Summary recommendations/messages

• The Commissions recommend that the UK Government sets out, in full, its assessment of the relevant provisions of the Elections Bill, in the context of its conformity with its commitments under Article 2(1) of the Protocol.

• In the absence of any convincing explanation as to how the provisions the Elections Bill complies with Article 2(1), the Commissions recommend that the Elections Bill should be amended to ensure compatibility with Article 2(1) of the Protocol.

• Specifically, the Commissions recommend the following amendments to the Bill in order to avoid a potential breach of the “no-diminution” commitment under Article 2 of the Protocol:
  • Clause 13 of the Elections Bill, which gives effect to Schedule 8, should be amended to exclude Northern Ireland District Council elections from its application; and
  • Part 3 of Schedule 8 of the Elections Bill should be amended to remove Paragraphs 7, 8 and 9, thus restoring the status quo ante, and permitting all EU citizens lawfully resident in Northern Ireland to continue to be able to vote/stand for election in District Council elections in Northern Ireland.