PM cannot cancel EU Elections on May 23 without breaching ‘human rights’ laws, says QC

THERESA May cannot cancel the European Elections planned for May 23 without breaching “human rights” laws, a QC claimed.

As the first polling cards were sent out, Jessica Simor, an MEP candidate for Change UK, said the PM would face legal action from EU citizens based in Britain if she canned the vote.

The PM has repeatedly claimed she has until May 22 to cancel the election.

But the EU and human rights barrister claimed it would be a breach of EU nationals “fundamental rights” given they would have given up the chance to vote in their own country to vote in Britain.

It came as Whitehall insiders admitted there was now little chance of avoiding the £100million European Elections at the end of the month given the Brexit logjam in Parliament.

One said the Government’s best hope was passing a Brexit deal by June 30 – the last possible date before MEPs are due to take up their places in the new European Parliament.

Ms Simor – an MEP candidate in London - said: “Stopping the election at the last minute would likely be illegal.

“EU citizens who had chosen to vote here rather than as they could have done, in their home state, would have had their rights violated.

“This would be very serious for the UK – not something you want to do just before opening trade negotiations.”

Sir John Holmes, chair of the Electoral Commission, said the situation surrounding the European Elections was “unprecedented in a mature democracy”.

And he warned taking part in the May 23 vote without knowing whether elected MEPs would end up taking their seats “raises serious concerns”.

The PM earlier this month signalled the UK has until the eve of the elections to cancel the poll by passing her Brexit deal.

Government sources insisted they believed passing the Withdrawal Agreement by May 23 would be enough of a legal safeguard.

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