British Citizenship (Northern Ireland) Bill
Friday 26th January 2024
(3 months ago)
Commons ChamberRead Full debate British Nationality (Irish Citizens) Bill 2023-24 Read Hansard Text Watch Debate
Gavin Robinson (Belfast East) (DUP)
I beg to move, That the Bill be now read a Second time.
As a Back Bencher, the opportunity to table legislation of my own—to be able to proceed in this way with the leave of the House—is rare. Yes, we may question, challenge, probe, consider, support or oppose, but as a legislator the ability to legislate is constrained by the luck of the draw, the wisdom of Solomon and the patience of Job. For nine years, I have dutifully signed the ballot book for private Members and thought not another moment about it. Then I saw you take that ball, Madam Deputy Speaker, and read that number.
Today, in securing this opportunity, I wish to place on record my appreciation of the House staff, the Library, the Home Office Minister, who has been courteous and engaging in meeting me, and his officials, the Government Whips, His Majesty’s Opposition and Members of Parliament representing all parties from Northern Ireland who have offered their support. To the Minister and his officials I say that what started as courteous may at times have become frustrating when they saw my name pop up in their inbox, but I greatly appreciate their fortitude and forbearance.
More particularly, however, I claim no creativity or ingenuity around the Bill itself. In moving Second Reading, I wish to place on record my appreciation for colleagues past and present, who have sought to secure this important principled change to laws governing citizenship of the United Kingdom for individuals inherently of these islands. Even a cursory glance at the House of Commons Library’s briefing papers highlights that this has been a long and arduous road. My colleague in the other place, Lord Hay of Ballyore, commented last year that this conundrum was first raised in the House of Commons in 1985. Let me put that in context: it was before my first birthday. For a decade, he has been a passionate advocate for the changes proposed in the Bill, and has sought to complement and support the sustained and unparalleled efforts of my hon. Friend the Member for East Londonderry (Mr Campbell). A Member of this House since 2001, my hon. Friend has consistently and, some might say, with characteristic fervour, relentlessly tabled questions, pursued debates, encouraged Ministers, and expertly tilled the ground that is consequently so fertile today. His labour has not been in vain. Over the years he has collected the support of colleagues across the political spectrum, in the Conservative party, the Labour party, the Ulster Unionist party, the Social Democratic and Labour party and the Alliance party of Northern Ireland.
Let me explain the essence of the Bill. Colleagues will recognise, or should recognise, that through the Belfast agreement efforts were made to address issues of identity. While it was accepted and acknowledged that Northern Ireland’s place within the United Kingdom was constitutionally settled, not only could those with a competing aspiration avail themselves of Irish identity, but the Republic of Ireland Government afforded them the opportunity to attain Irish citizenship.
Jack Brereton (Stoke-on-Trent South) (Con)
I congratulate the hon. Gentleman, whom I think of as my hon. Friend, on introducing such an important Bill. Does he agree that this issue affects people’s lives? It is about their identity, their everyday lives and their right to have British citizenship, which should not be brought into question. Given our historic links with both the Republic and Northern Ireland, it is vital that we allow the Bill to proceed.
Gavin Robinson
I am grateful to the hon. Gentleman—my hon. Friend—for what he has said. I agree with him entirely, and I hope to draw on his point about our historic connections, which remain to this very day.
As I have said, the Republic of Ireland Government offered people in Northern Ireland the opportunity to attain Irish citizenship. Some hold that citizenship singularly, while others happily enjoy dual citizenship of both the United Kingdom and the Republic of Ireland. What was not settled at that time, however, was reciprocation in the other direction. As the House knows, our history and relationship are intertwined, and the Bill seeks to provide the final piece of that relationship jigsaw. Anyone who was born in the Republic of Ireland but lives in the United Kingdom and who satisfies the residency test should be able to avail himself of UK citizenship.
Those who say, “Sure, just apply for naturalisation in the normal way,” fail to recognise or respond to the special relationship that our nations have. From 1801 our nations were one, and the United Kingdom of Great Britain and Ireland accorded the same citizenship protections to us all. When partition occurred in 1921, the rights of those resident within the then Irish Free State to avail themselves of UK citizenship was contained through and continued within their dominion status. It was only when the Irish Republic was created and the British Nationality Act 1948 came into effect the following year that those entitlements were lost. Since 1949, that has meant that those who were born in the Republic of Ireland but since then have lived in, worked in and contributed to the United Kingdom throughout their lives are not able to attain British citizenship as their forefathers did.
As a proud Ulsterman, I remind colleagues that my Province contains nine counties, although only six of them are in the United Kingdom. While they did so before and have continued to do so since, the troubles in Northern Ireland perhaps most acutely provided a catalyst for families in Donegal, Monaghan and Cavan to move across the border to be with other relatives. Let us take, for example, my friend in the other place whom I mentioned earlier, Lord Hay of Ballyore. His lineage may best illustrate the point that I am trying to make. He was born in April 1950 in Donegal, but for the overwhelming majority of his life he has lived in Londonderry, Northern Ireland. He served on his local council from 1981, was elected to the Northern Ireland Assembly in 1998, and served as its Speaker from 2007 to 2014. That year, he was elevated to the House of Lords, and to this day he remains a peer of this realm and a legislator in our Parliament. Yet he is not a British citizen.
The question is: should anyone in that position—serving practically, materially and productively—be expected to pay a naturalisation fee of £1,580 and complete a “Life in the UK” citizenship test? The notion that he, as a legislator of this Parliament—or anyone in similar circumstances—should have to complete a “Life in the UK” citizenship test does not make sense. It would be offensive to some individuals and contrary to the spirit of reciprocation offered through the Belfast agreement in 1998. It would be blind to our history and ignorant of the legal reality.
We enjoy a common travel area already between our nations. Irish citizens moving throughout the United Kingdom are already exempt from immigration formalities. They enjoy a range of related rights to work, vote and study, and access to education and healthcare as if they were already UK citizens. I quote the former Labour MP for Thurrock and a great friend of Northern Ireland, Andrew Mackinlay, when he debated this point in this House in 2009. He said:
“we have an opportunity, which the House will probably not have again for some years, to right a wrong, provide parity of treatment for people who are Irish…and allow them to identify with their Britishness.”—[Official Report, 14 July 2009; Vol. 496, c. 220.]
Well, 15 years later, I hope we can finally right that wrong.
This is not a coercive move. Nothing in this Bill requires somebody to avail themselves of citizenship should that not be their desire. Some will conclude that, with the same rights and entitlements already, it is unnecessary. We also know through Library research that some proceed to pay the naturalisation fee and complete a “Life in the UK” test, no matter how offensive or inappropriate that may appear, but each year the number remains in single figures, or there are none at all. We also know from 2021 census figures in Northern Ireland that some 40,400 people are living in Northern Ireland who were born in the Republic of Ireland. Furthermore, we know that circa 32,000 of them were born after 1948, and therefore could avail themselves of this Bill. Some 27,000 of those people currently hold a non-UK passport, and the remainder are split evenly between those holding a UK passport and those who continue to hold none.
It will be clear from the tenor of this speech that both the Bill and my interest lie in those who live in Northern Ireland who have been disenfranchised of their citizenship from 1949 onwards. However, I appreciate from discussions with the Government that, should the Bill proceed, they believe it could be enhanced with the removal of the restrictive scope that attached to either the year of commencement or the geographical location of Northern Ireland. I confirm my willingness to assent to both aspects. I say this firmly as a Unionist: UK citizenship, in principle, should apply across the United Kingdom, and need not be satisfied solely through the lens of our Province.
The Northern Ireland Affairs Committee published a report on this issue in 2021, and it concluded:
“The Home Office must understand the historical connection between the United Kingdom and the Republic of Ireland, and the personal ties, relationships, geopolitical realities and movement of people that prevail between the two countries today… Citizenship issues will not be addressed to the satisfaction of all traditions whilst the Home Office treats Ireland and the rest of the world as an amalgam. Instead, we need bespoke, granular solutions. Abolishing the fee for Irish citizens to naturalise as British would be a start. The need to complete the ‘Life in the UK’ test seems irrelevant and offensive, and attendance at the citizenship ceremony should be optional.”
I conclude by expressing my gratitude to you, Madam Deputy Speaker, and to colleagues. Although this is only the first hurdle of many, I believe this Bill offers a great opportunity to attain a practical conclusion to a long-standing, principled and constitutionally and politically important campaign.
I commend my private Member’s Bill to the House.
Fiona Bruce (Congleton) (Con)
There is a real and sensitive issue at the heart of this Bill and debate. Although the Bill affects residents of Northern Ireland, the issues of identity and citizenship affect us all.
I begin by acknowledging the case made by the hon. Member for Belfast East (Gavin Robinson)—or my hon. Friend, as I always call him and his DUP colleagues because we are so often on the same side of debates in this House, as we are today. I support this Bill and respect the points he makes. He has constituents who identify as British but have an Irish passport, simply because of having been born on the other side of an open border, and their only option is to naturalise, This is sensitive to people who have grown up, and lived for decades, identifying as British. For them, holding a British passport and not an Irish passport, so that their citizenship is consistent with their identity, is of profound and deep importance.
I also recognise that there are specific conditions laid down in law and in the Belfast/Good Friday agreement that shape the administrative landscape of Northern Ireland, with there being an open border with the Republic of Ireland—a border without immigration controls—a common travel area and no restrictions on working or living in the United Kingdom. The Government need to apply their administrative rules on routes to British citizenship fairly for all residents of the UK, whether they live in Coleraine or Congleton.
In discussing this issue, we need to be clear about what we mean by “national identity” and “citizenship.” National identity encompasses the shared values, culture, history and traditions that bind individuals within a nation. This profound sense of belonging and loyalty goes beyond legalities, forming the foundation of our unity as a people.
On the other hand, the administrative and legal status of citizenship is a formal recognition granted by the state. It involves adherence to specific laws, rights and duties, often outlined in a constitution or legal framework. Citizenship is a legal concept that provides individuals with certain rights and responsibilities within the borders of a nation.
Although national identity fosters a deep emotional connection, citizenship is a practical framework that governs our interactions within the state. Therefore, whether or not my hon. Friend’s Bill is successful, it will not change his constituents’ fundamental sense of British identity or the rights and freedoms under the Belfast/Good Friday agreement that give the people of Northern Ireland the freedom to identify as British or Irish, to co-exist and to complement their Britishness.
However, I am very sympathetic to my hon. Friend’s case and acknowledge that a key outworking of being British involves a sense of allegiance that is encapsulated by holding a British passport in one’s hand. Indeed, I travel frequently abroad in my role as the Prime Minister’s special envoy for freedom of religion or belief, and I have a great sense of pride every time I hold that passport in my hand, so I understand the importance of others being able to do so.
My hon. Friend is promoting a Bill that makes sense, which always helps. He always speaks sense. Its clauses make it clear that we are not dealing with a situation comparable to, say, residents of Coleraine and Congleton wanting to apply for citizenship having been born outside UK. The requirements of proposed section 4AA would make it specific to a person in Northern Ireland who has been resident pretty much continuously for a preceding period of five years.
To answer my own point regarding the need to satisfy administrative fairness across the UK, the qualifying period of five years’ residency is equivalent to other applications for citizenship that could be made in Congleton. I therefore support the Bill.
Madam Deputy Speaker (Dame Eleanor Laing)
As I have no further takers, I call the shadow Minister.
Stephen Kinnock (Aberavon) (Lab)
As the hon. Member for Belfast East (Gavin Robinson) Belfast East so eloquently explained, the issue at the heart of this debate is a fairly simple one: that, notwithstanding commitments made by the UK and Irish Governments in the Good Friday agreement more than 25 years ago, questions about eligibility and access to citizenship rights for many people in Northern Ireland remain unresolved. He argued with conviction that the differential treatment of people depending on whether they were born in Northern Ireland or the Republic under British nationality law is unfair and should be addressed. Along with his Democratic Unionist party colleagues, he has argued for long-standing residents of Northern Ireland born in the Republic after 31 December 1948 to be recognised as citizens of the UK—if they consider themselves to be such—without the need to undertake a lengthy and costly process of applying to the Home Office for naturalisation.
These arguments have been heard in the House many times before—indeed, the hon. Member for East Londonderry (Mr Campbell) introduced a private Member’s Bill along similar lines as long ago as 2005—and Democratic Unionist party Members are not the only ones to have recognised the strength of feeling among many in Northern Ireland on this issue. In 2021, the Northern Ireland Affairs Committee published a short report that concluded:
“The Government should abolish the naturalisation fee charged to Irish applicants who wish to naturalise as British citizens.”
It should be pointed out that the fees for registration or naturalisation are currently in the region of £1,500 per person, which is not by any means an insignificant sum.
In the Government’s response to the Committee’s report, they announced that it would “not be fair” to set such fees at different levels “depending on nationality”, ignoring the fact that there is already special recognition of the status of Irish nationals across the UK’s immigration system. The Government also argued that naturalisation and citizenship fees are an important means by which the Home Office seeks to maintain the financial sustainability of the immigration system. That may not in itself be an unreasonable position, but I do wonder whether the amounts of revenue involved are really all that significant to the Home Office in the context of an annual budget in excess of £20 billion.
As has been explained, the Bill would establish a separate stand-alone route to British citizenship for Irish nationals born after 1948 who have been resident in Northern Ireland, and hence in the UK, for significant periods of time. The explanatory notes state that application fees for the proposed new route
“would need to be agreed and set in secondary fees legislation, taking into account financial implications.”
There appears to be no expectation of a blanket fee exemption for applicants under the new rules. On that basis, assuming that the Government support the Bill, it might help the House if the Minister confirmed what criteria will be used in setting the level of application fees under the new system. Will the goals remain the same as those previously set out by the Government, and which I quoted, with respect to maintaining parity between citizenship and naturalisation applications across all nationalities? What provisions, if any, do the Government intend to make for individual exemptions to the usual fees under the new system, assuming that is introduced?
In the same report that I cited earlier, the Northern Ireland Affairs Committee concluded that in addition to the fees, the mandatory “Life in the UK” test and the requirement to attend a citizenship ceremony should also be waived for Irish citizens seeking naturalisation in the UK. In their response to the Committee, the Government insisted that it was right to maintain these requirements for all applications and to limit the scope for exemptions to the special circumstances of a particular case, such as those who have long-term health reasons that would preclude their attendance. Their response, which was published in January 2022, added:
“In order to continue with ceremonies during the pandemic we worked with Local Authorities to develop and deliver virtual ceremonies, and we will assess their ongoing use as this immediate need reduces. They may be retained to allow a more inclusive approach for those who, due to long-term issues, might otherwise be excluded.”
If, as I understand it, the Government do not plan to oppose the Bill, could the Minister confirm, in light of the long-standing concerns about the “Life in the UK” test and the ceremony requirements, whether he envisages making specific provision to address these issues within the proposed new route to citizenship that the Bill envisages?
On behalf of His Majesty’s Opposition, I say in closing that the hon. Member for Belfast East has put forward strong and persuasive arguments in support of his Bill. The Government’s support will, I hope, be welcomed by Members who represent Northern Ireland’s communities in this House. On behalf of His Majesty’s Opposition, I am happy to add my party’s support to this Bill, too.
The Minister for Legal Migration and the Border (Tom Pursglove)
May I start by congratulating my friend the hon. Member for Belfast East (Gavin Robinson) on his success in the ballot? His nine years of trying have yielded a positive result, and it is terrific that we can debate this Bill today. I appreciate his bringing attention to this important issue about application processes for Irish nationals to become British citizens. I am pleased to confirm that the Bill has the Government’s support, subject to some proposed changes in Committee, which I will address.
It has been a pleasure to work constructively with the hon. Gentleman to date on those points. He has eloquently set out the arguments and rationale for the Bill. He is also right to highlight that it responds directly to so many of the challenges raised by the Northern Ireland Affairs Committee, whose report he quoted from directly. It is in that spirit that I am pleased we have been engaging with the hon. Gentleman and that he agrees with the necessary changes that we require to take this Bill forward in Committee and beyond. That will mean that the current version of the Bill, which will be put to the House today, will be revised in Committee, with Members able to express their views and opinions on those amendments and then to debate and vote on them in the usual way.
That process will mean that the Bill will become marginally broader and more inclusive. First, it will be available to Irish nationals, regardless of how they became Irish, and not just to those born in Ireland. Secondly, it will not have a requirement that an Irish national must have been born after a certain date. Thirdly, qualifying residents will be able to be from any part of the United Kingdom, and not just Northern Ireland. We are confident that those changes will address equality concerns with the current version of the Bill, while still benefiting those whom the hon. Gentleman wanted to cover. The other requirements before the House today will not change.
The Government are clear in our support for the underlying principle of the Bill, and we will work with the hon. Gentleman to produce an amended version in Committee. When those changes have been made, the Bill will enjoy the Government’s full support. We are confident that the amended route will not undermine the integrity of the system; it is about introducing a more appropriate route for people who could otherwise seek to naturalise. It is, of course, possible that the route may yet be used proportionately more by people resident in Northern Ireland, but we think it is important that British citizenship reflects ties to the whole United Kingdom, not just one constituent part. It is our belief that a dedicated route for Irish citizens would reduce the burden for applicants, creating a more straightforward route to becoming a British citizen. That would potentially also allow for the charging of a lower fee, although no firm decision has been made, and that would form part of later secondary legislation, made through the fees Order, should the Bill attain Royal Assent. I suspect that the hon. Gentleman will be keen to have conversations with me on that point, and I am definitely willing to engage constructively as we take the Bill forward.
To respond directly to the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), the “Life in the UK” test would not be a requirement with this Bill in place, and it is important to make that clear on the record this afternoon.
In conclusion, I again congratulate the hon. Member for Belfast East on his success in the ballot and for helping the Government to find a way to correct this issue in our nationality system. I am incredibly grateful for the constructive and good-natured way in which he always conducts his business in the House, but particularly so on this matter, working both with myself and with officials. The Bill will help reaffirm and reflect the unique position of Irish nationals in the UK and make a credible difference to those Irish nationals who wish also to be British citizens. As I have said, if the suggested amendments are made in Committee, we will firmly support the Bill. We wish it well as it travels through the House, and I look forward to working with the hon. Gentleman.
Gavin Robinson
I appreciate all the contributions to the debate. Just to reflect on the private Member’s Bill ballot, not only did I sign up nine years in a row, but I signed the same number nine years in a row—322 for anyone who is interested. I greatly appreciate the support of the hon. Member for Congleton (Fiona Bruce) and, to dispel the myths of any cynics out there, I hope to be in a position to support her private Member’s Bill in a moment or so, but my support was not conditional on what she said in this debate on my Bill, because hers is similarly as principled.
I am grateful to the hon. Member for Stoke-on-Trent South (Jack Brereton) for his intervention and to the shadow Minister for his contribution. I hope he appreciated from my contribution that there was no ownership of this issue. It has been a long-standing campaign from a number of colleagues of mine and, indeed, from Members across the House, including colleagues of his.
Perceptively, the shadow Minister also raised the issue of fees, and the Minister graciously indicated that that is a discussion yet to be had, but it will come in secondary legislation should the Bill proceed. The Minister knows clearly where I shall start in that constructive discussion, and I suspect that he will not start in the same place, but hopefully we can be pragmatic. It is at least good for the Minister to know that the Opposition will be in a sensible place at the start of that discussion too, so he should bear that in mind—I say that in jest.
To the Minister, let me say that this has been a pleasure. He added further context to my reference earlier to the forbearance of officials and all those who have had to engage with me in the discussion of this Bill and the complexities around it. As I said in my contribution, what the Minister has outlined causes me no difficulty whatsoever from a Unionist perspective. I am totally content with where the Government believe this should go, but the constraints around an earlier published title meant that we have had to take a curvier route to, hopefully, the same destination.
I am grateful to have had this opportunity, and I look forward to continuing the engagement with officials. I trust that we will be able to land this, because it was only in 2009—15 years ago—that a former Labour MP said, “We need to take this opportunity now, because it may not come back for some time to come.”
Madam Deputy Speaker
What a good-natured and constructive debate we have had.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
British Citizenship (Northern Ireland) Bill: Instruction
Tuesday 5th March 2024
(1 month, 3 weeks ago)
Commons ChamberRead Full debate British Nationality (Irish Citizens) Bill 2023-24 Read Hansard Text Watch Debate
The Minister for Legal Migration and the Border (Tom Pursglove)
I beg to move,
That it be an instruction to the Committee on the British Citizenship (Northern Ireland) Bill that the Committee have leave to make provision for the acquisition of British citizenship by Irish citizens, whether born before or after 31 December 1948, who are resident in the United Kingdom.
Thank you, Mr Deputy Speaker, for selecting this motion. The reason for tabling it is that the Bill, as currently drafted, allows only people born in Ireland after 31 December 1948 who have been resident in Northern Ireland for five years to register as British citizens. The instruction will allow the Bill Committee to consider amendments that would apply the provisions to all eligible Irish nationals of all ages who live anywhere in the United Kingdom for five years.
The provisions to amend the Bill will do that in several ways. First, they will make the route available to Irish nationals regardless of how they became Irish, and not just those born in Ireland. Those covered by the original Bill will still be included, but the measure will be more generous and fairer, in that it will give all eligible Irish nationals a more straightforward pathway to becoming a British citizen.
Secondly, there will not be a requirement for an Irish national to have been born after a certain date. The instruction will make it so that people born on or before 31 December 1948 have the same opportunity to make use of the Bill as those born after that date.
Thirdly, qualifying residents can be from any part of the United Kingdom, not just Northern Ireland. That will mean that all eligible Irish nationals resident anywhere in the United Kingdom will be able to make use of this important piece of legislation.
I again ask Members to consider the unique position that Irish nationals hold with regard to the United Kingdom. The Bill will help to reaffirm and reflect that, and will make a real difference to those Irish nationals who also wish to be British citizens. We are confident that the amended route will not undermine the integrity of the system. It is about introducing a more appropriate route for people who could otherwise seek to naturalise.
Amending the Bill will help us to be more inclusive to all eligible Irish nationals currently resident in the United Kingdom. The Government are clear in our support for the underlying principle of the Bill, and it will have our full support if these suggested amendments are made. I thank the hon. Member for Belfast East (Gavin Robinson) for bringing the issue to our attention, and indeed for his constructive engagement with me and my officials. I look forward to working closely with him to help his Bill safely travel through the House.
Feryal Clark (Enfield North) (Lab)
His Majesty’s official Opposition support the changes to the Bill. We outlined our reasons for supporting the Bill on Second Reading, and I have nothing further to add.
Gavin Robinson
I thank the shadow Minister for her renewed endorsement, and I thank the Minister, in particular, not only for the way he introduced this motion, but for the courteous way in which he and his colleagues have engaged with me. The officials in his Department have been uniquely pleased to receive my telephone calls, text messages, emails, Teams calls and everything else—they have been very helpful—and the Minister, with his joyous bonhomie, has come back to me on a number of occasions about the Bill. I appreciate all that support.
I think that there is a procedural requirement that I indicate my assent to the motion. Anybody who was present for Second Reason will understand entirely not only the nature of what the Minister has outlined, but the reasons for the instruction—it all follows from narrow drafting. We are more than content with what has been outlined.
Jim Shannon (Strangford) (DUP)
It would be remiss of me not to put on the record my thanks to my hon. Friend for his insight. The formation of Northern Ireland left behind many who considered themselves to be British in Ireland. This Bill will right the wrong that was done to those who had a right to that identity but were held back by the ties to their homes and their local communities. Does he agree that the message sent today to those who consider themselves British in Ireland is clear: “There is a place for you, and a passport to go along with it”?
Gavin Robinson
My hon. Friend is quite right. In relation to the entitlement of those born in the Irish Free State to obtain British citizenship, the reason a date was introduced to the Bill in the initial stages was the creation of the Republic of Ireland in 1948. That is the reason for it, but there is absolutely no requirement for it to be there, and I agree with the Government that it is unnecessary.
It is encouraging for me as a Unionist to have an even better Unionist argument put forward by the Conservative and Unionist party to say that this should not be restricted solely to those in Northern Ireland, but should apply to anywhere in the United Kingdom. How could I oppose that proposition?
Given that my colleague and hon. Friend the Member for East Londonderry (Mr Campbell) was not here for Second Reading, it is important that I place on the record, in his presence, my appreciation for the path that he laid before me. In the 23 years that he has sat in this House representing the people of Northern Ireland, he has championed the content of the Bill and the requirement for such legislation. We are all greatly appreciative of the Government’s support, and hopefully we will be able to progress this positively and conclusively within this parliamentary term—an outcome that we relish.
I think you are coiled, Mr Deputy Speaker—poised and ready to go. I am very concerned for those people in our society who tune into the BBC Parliament channel at teatime. I am concerned that if I do not exhaust the next 45 minutes, there will be nothing for them to watch when they get home from their hard day’s toil and check in to see how we are representing them. But since you seem so keen to restore yourself to your feet, Mr Deputy Speaker, I shall conclude.
Question put and agreed to.
British Citizenship (Northern Ireland) Bill
Wednesday 17th April 2024
(1 week, 3 days ago)
Public Bill CommitteesRead Full debate British Nationality (Irish Citizens) Bill 2023-24 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 17 April 2024 - (17 Apr 2024)
The Chair
Before we begin, I have a few preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings of the Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk. My selection and grouping for today’s meeting is available online and in the room. There will be a single debate on all clauses and amendments.
Clause 1
Acquisition of British citizenship: persons born in Ireland
Gavin Robinson (Belfast East) (DUP)
I beg to move amendment 1, in clause 1, page 1, line 5, leave out “persons born in Ireland” and insert “Irish citizens”.
This Amendment changes the section heading of the new section 4AA inserted into the British Nationality Act 1981 by clause 1 to reflect the change made by Amendment 2.
The Chair
With this it will be convenient to discuss the following:
Amendment 2, in clause 1, page 1, line 6, leave out from beginning to “is” and insert “An Irish citizen”.
This amendment means that Irish citizens who fulfil the requirements in subsection (2) of new section 4AA (changed by Amendments 3 and 4) are entitled to be registered as British citizens under new section 4AA, rather than just persons born in Ireland after 31 December 1948 who fulfil those requirements.
Amendment 3, in clause 1, page 1, line 12, leave out “Northern Ireland” and insert “the United Kingdom”.
This amendment and Amendment 4 change the residence requirements for the new route to British citizenship in the new section 4AA, so that the requirement is that the person has lived in the United Kingdom for the five years before their application, rather than in Northern Ireland.
Amendment 4, in clause 1, page 1, line 14, leave out “Northern Ireland” and insert “the United Kingdom”.
See explanatory statement to Amendment 3.
Amendment 5, in clause 1, page 2, line 13, leave out “persons born in Ireland” and insert “Irish citizens”.
This amendment is consequential on Amendment 1.
Clause stand part.
Amendment 6, in clause 2, page 2, line 21, leave out “Citizenship (Northern Ireland)” and insert “Nationality (Irish Citizens)”.
This amendment changes the short title of the bill, to reflect the change made by Amendment 2.
Clause 2 stand part.
Amendment 7, in title, line 1, leave out from “provision” to end of line 2 and insert
“for Irish citizens who have been resident in the United Kingdom for five years to be entitled to British citizenship;”.—(Gavin Robinson.)
This amendment changes the long title of the bill to reflect the changes made by Amendments 2, 3 and 4. The Committee has the power to consider these amendments, and the consequential changes to the long title, by virtue of the Instruction given to it by the House of Commons on 5 March 2024.
Gavin Robinson
It is a pleasure to serve under your chairmanship this morning, Mrs Harris. I thank all hon. and right hon. colleagues for taking the time to attend this Public Bill Committee. I am pleased to move amendment 1. In the course of my remarks I hope to provide context for the Bill, but I shall not regurgitate the commentary from Second Reading; it would not be in order to do so. However, I hope that it contextualises the nature of the amendments under consideration.
This Bill has a long, long past. The opportunity has arisen—and it is one that I have seized—to resolve an issue that has been long in gestation and hopefully is soon to be delivered. My colleague in the other place, Lord Hay of Ballyore, commented last year that this conundrum was first raised in this House in 1985, which was just before my first birthday. For a decade now, he has passionately been an advocate for the changes outlined in the Bill.
In doing so, Lord Hay has sought to complement and support the sustained and unparalleled efforts of my hon. Friend the Member for East Londonderry (Mr Campbell). As a Member of this House since 2001, my hon. Friend has consistently and relentlessly—and with what some might say is characteristic fervour—tabled questions, pursued debates, encouraged Ministers and expertly tilled the ground to make it so fertile today. His labour has not been in vain, and over the course of the last number of years he has collected the support of colleagues from right across the political spectrum in the House of Commons.
The essence of the Bill is this. Colleagues throughout the House will recognise that the Belfast Agreement sought to address issues of identity. Although it was accepted and acknowledged that Northern Ireland’s place in the United Kingdom was constitutionally settled, those with a competing aspiration could avail of Irish identity, and the Government of the Republic of Ireland afforded them the opportunity to obtain Irish citizenship.
In Northern Ireland, some hold citizenship singularly, while others happily enjoy dual citizenship of both the UK and the Republic of Ireland. However, what was not settled was reciprocation in the other direction. This Parliament will know the history and relationship of our intertwined relations, and this Bill seeks to provide the final piece of that relational jigsaw. In my view, anyone who is born in the Republic of Ireland but lives in the United Kingdom and satisfies the residency test should be able to avail themselves of British citizenship.
Those who say, “Sure—just apply for naturalisation in the normal way,” fail to recognise or respond to the special relationships that our nations have had. From 1801, our nations were united. The United Kingdom of Great Britain and Ireland accorded the same citizenship protections to us all. When partition occurred in 1921, the right of those resident in the Irish Free State to avail of UK citizenship was contained and delivered through their dominion status. It was only when the Irish Republic was established and the British Nationality Act 1948 came into effect in the following year that those entitlements were lost. Since 1949, that means that anyone who was born in the Republic of Ireland but lived and worked in and continued to contribute to the UK has not been able to avail themselves of British citizenship as their forefathers did.
I mentioned my colleague in the other place, Lord Hay of Ballyore, whose lineage perhaps best illustrates this point. He was born in Donegal in April 1950—some 15 months after the law changed—yet has lived for the overwhelming majority of his life in Londonderry, Northern Ireland. He served on his local council from 1981; he was elected to the Northern Ireland Assembly in 1998, and served as Speaker of that Assembly from 2007 to 2014, when he was elevated to the House of Lords. To this day, a decade later, he remains a peer of this realm and a legislator in our Parliament, yet he is not a British citizen.
The question is this: should anyone in that situation—anyone who has served our nation practically, materially and productively—be expected to pay a naturalisation fee of £1,580 and complete a Life in the UK citizenship test? The notion that they should is, to my mind, offensive, contrary to the spirit of reciprocation offered through the Belfast agreement of 1998, blind to our history and ignorant of the legal reality. We enjoy a common travel area between our nations, and Irish citizens moving throughout the United Kingdom are already exempt from immigration formalities. They enjoy a range of related rights to work, vote and study, and access education and healthcare as though they were already British citizens.
On Second Reading, I highlighted my appreciation not only for the courteous and pragmatic engagement on this issue of the Home Office Minister and his officials, but for their willingness to engage with me in a way that has brought us to this point today. The amendments before colleagues this morning were flagged as a potential on Second Reading, but were going through the process of parliamentary procedure. Though the initial drive for this legislation was to recognise those living in Northern Ireland, as I said on Second Reading and will say again today, as a Unionist, I have no principled objection to—in fact, I am delighted with—the Government’s approach that these measures should not be confined solely to Northern Ireland. There should be no restriction or import placed on geographical location.
Amendment 1 will replace a reference to “persons born in Ireland” with “Irish citizens”. Similarly, amendment 2 will ensure references to Irish citizens, as opposed to those born in Ireland. Amendments 3 and 4 will replace references to Northern Ireland with the entire United Kingdom. Amendment 5, again, will change “persons born in Ireland” to “Irish citizens”.
All amendments are within the confines of the spirit of the Bill and apply to those who are resident within the United Kingdom and satisfy legally the residency test. The Bill will apply to those who have and proudly hold their Irish heritage, who will be able to attain British citizenship throughout the United Kingdom irrespective of where they live, provided they satisfy the residency requirements. The approach will move the import of the Bill at inception beyond the confines of our 1.9 million people, and the Irish nationals who reside with us in Northern Ireland, to the entirety of the UK—a catchment of 60 million people—and the Irish nationals who live in our communities throughout the United Kingdom.
That is a hugely welcome step. It is not where I started on this journey, but, seeing the door opened so welcomingly and productively by the Home Office Minister and his officials, it is something I can rationalise as a huge step forward. We cannot predict the future, but if this is the culmination of an almost 40-year parliamentary pursuit to close the circle and formally and thoughtfully recognise the ability of Irish citizens living in our communities and as part of our country to attain United Kingdom citizenship, I think it will be a job well done.
In moving amendment 1 and having spoken to the import of the subsequent and consequential amendments, I hope that as a Public Bill Committee we can resolve that, in common with most private Members’ Bills, this Bill—although small in impact and narrow in scope—will make a huge difference for those who are a part of our country and we will be able to get, as I have said, the final piece in this jigsaw.
Fleur Anderson (Putney) (Lab)
It is a pleasure to serve under your chairship, Mrs Harris. I congratulate the right hon. Member for Belfast East on his success in the ballot and on bringing the Bill as far as this stage. I am delighted that after nine years of trying in the ballot, he has finally had this positive result with lucky number 322—that may be a hint for all of us.
The issue at the heart of the debate is straightforward. This Bill is an important acknowledgment of the special relationship between our nations and a worthy follow-on from a debate that we held recently on the value and recognition of the contribution of the Irish diaspora to our life in the UK.
Following the Good Friday agreement, the Government of the Republic of Ireland offered people in Northern Ireland the opportunity to attain Irish citizenship, but what was not settled was an agreement for citizenship rights in the other direction. Questions about citizenship for Republic of Ireland nationals living in the north and wishing to become British have been left up in the air for too long—nearly 40 years, as the right hon. Gentleman said. Long-term residents of Northern Ireland from the Republic should be recognised as citizens of the UK —if that is their desire—without the need for a citizenship test and the need to prove their intention to stay in the UK. We need to streamline the process and to be welcoming to them as well.
The Opposition’s support for these amendments, which broaden the scope of the Bill, is certain. The amendments make it much more inclusive and fair. First, we support amendments making British citizenship available to Irish nationals regardless of how they became Irish and not only to those born in the Republic of Ireland. That is clearly a practical and sensible change to the Bill, and we support it.
I extend our support to amendment 2, which removes the requirement for Irish nationals to have been born after a certain date to qualify for this route to citizenship. We also support amendment 3, which alters the residence requirements for the new route to British citizenship, so that those wishing to gain citizenship can have lived in any part of the United Kingdom for five years and not only Northern Ireland. That obviously widens the scope of the Bill to constituents in all our constituencies, including those in London, from 31,000 people in Northern Ireland to about 270,000 people. This amendment addresses concerns about possible discrepancies across the United Kingdom and ensures equality, which we welcome.
We support the amendments, but we remain concerned about the Government’s implementation of this new route to citizenship. Specifically, I would like to mention the issue of fees. The Northern Ireland Affairs Committee has made previous recommendations that fees should be waived for Irish citizens seeking naturalisation in the UK. When it comes to getting an Irish passport or getting a British passport, there is an enormous difference and discrepancy. On Second Reading, the Government indicated that a dedicated route for Irish citizens would reduce the burden for applicants, creating a more straightforward route to British citizenship, which could lead to lower fees. Can the Minister confirm today whether that decision has been taken, and if not, when are we likely to know by?
It is worth pointing out that the fees for registration or naturalisation are currently in the region of £1,500, a not insignificant sum. A slight reduction is noted in the Library briefing, but that still leaves the fee as £1,431, so I ask what provision, if any, the Government intend to make for individual exemptions to the usual fees under the new system—assuming that it is introduced, which I firmly hope it is. Lastly, we are pleased to hear that the Life in the UK test will not be a requirement for the new route.
On behalf of His Majesty’s Opposition, I say in closing that the right hon. Member for Belfast East has put forward strong and persuasive arguments in support of the Bill and been tenacious in pursuing it. The Government’s support, given the passing of the amendments in front of us, will, I hope, be welcomed by Members who represent Northern Ireland’s communities in this House, and beyond. On behalf of His Majesty’s Opposition, I am happy to add my party’s support to these amendments and this Bill.
The Minister for Legal Migration and the Border (Tom Pursglove)
It is always a pleasure to serve under your chairmanship, Mrs Harris. I start by congratulating my friend, the right hon. Member for Belfast East (Gavin Robinson), on his efforts in stewarding the Bill to this stage. I also congratulate him on his recent appointment to the Privy Council, and on the responsibilities he has assumed as the head of his party. We wish him well in that regard. As was said by the shadow Minister, the hon. Member for Putney (Fleur Anderson), he has campaigned tenaciously and constructively for these changes, working with colleagues from Northern Ireland in both Houses to make the arguments.
As a fellow child of the 1980s, I recognise that these measures were being campaigned for just before the birth of the right hon. Member for Belfast East. As a child of 1988, it is fair to say that the campaign was going on a few years prior to my birth, which puts into perspective the way in which Members in this House and the other place—and campaigners more generally—have been making the argument to have a more inclusive approach to citizenship. I thank them for their efforts to shine a light on the issue, and for being so persistent in helping us to get to this point. I am delighted to be the Minister responding to this debate, and to be able to commit the Government to taking the Bill forward with complete backing.
As I said on Second Reading, the Bill reflects the unique position that Irish nationals hold with regards to the United Kingdom. I am confident that the Bill, with these amendments, will make a real difference to those Irish nationals who also wish to be British citizens, with a bespoke registration route in place.
We have debated in a number of proceedings related to the Bill the arguments behind the amendments, so I do not intend to re-rehearse those now. However, I believe that they help the Bill to be more inclusive and ensure that it is even fairer in its ambitions than it was when the right hon. Member for Belfast East drafted the original iteration Bill with the Clerks. Ultimately, the amendments will mean that the Bill applies to all eligible Irish nationals resident in any part of the UK. It is not just confined to those born at a certain time in Ireland, and resident in Northern Ireland. That is right and fair. British citizenship is about ties to the whole of the UK, not just one of its constituent parts.
The specific issue of fees, which has come up previously, is something that is under active consideration as part of a wider piece of work. It is being carried out in the usual way when it comes to fee setting for borders and migrations services. There have been some strong representations that have helped to inform my thinking on that, from both the shadow Front Bench and from the right hon. Gentleman. I hear those strong arguments and the Government will come forward as soon as we are able to and give certainty around the fee provisions related to the Bill.
There are regulations, and the way in which such matters are handled goes through a standard process that we in this House are well accustomed to. I am happy to continue the conversations about the issue of the fee externally to this debate and the passage of the Bill, because it is important we hear those arguments and make appropriate decisions. That is the spirit in which we are taking the Bill forward, with good solid cross-party support. I thank hon. and right hon. Members from across the House for their support.
Shailesh Vara (North West Cambridgeshire) (Con)
I congratulate the right hon. Member for Belfast East (Gavin Robinson) on introducing the Bill, which I think is long overdue. Does the Minister agree that, given that the Bill is tidying up something that should have been done a long time ago, it is important that he looks carefully at the fee structure? No doubt the Treasury will have its own view; we all know that it will be less flexible. I urge the Minister to fight hard in the corner of this long overdue legislation, and look carefully at the review of fees.
Tom Pursglove
My right hon. Friend has got to the essence of how I am approaching the specific question around fee setting. He makes some very eloquent arguments about the spirit in which the Bill has been introduced about and the spirit in which it will proceed through the House, which I hope will be reflected in the other place. As I have said, I am very cognisant of these arguments. My right hon. Friend touches on a very important point in saying that this is a very long-standing campaign. People feel very passionately about this change. It is a common-sense change. I think we need to reflect on those factors when making the decision about fees which, as I have said, is being carried out as part of the wider way in which we review fees and charges and the way in which that is done.
Mr Mark Francois (Rayleigh and Wickford) (Con)
I place it on the record that I have the privilege to serve on the Defence Committee with the right hon. Member for Belfast East. I would like to take this opportunity to congratulate him on being elevated to the King’s Privy Council and to wish him the best of luck with his leadership of the Democratic Unionist party, albeit achieved in very difficult circumstances. A number of people have paid tribute to his tenacity. As many Ministry of Defence witnesses can attest, there is no doubt about that whatever. He is a dog with a bone and he never drops it, so I am delighted that he has been elevated in that way and we wish him and his legislation Godspeed.
Tom Pursglove
I am not sure I could have put it better than my right hon. Friend. I find it very difficult to say no to the right hon. Member for Belfast East. He goes about his business in this House impeccably— always with good humour, always in an incredibly polite way, but also very persuasively. I think that that is as relevant to the question about fee setting as it has been to the Bill itself and the substantive change that we are bringing about. With that, I again thank right hon. and hon. Members across the House for their support for these measures and I wish the Bill a speedy passage through the remainder of its stages in this House and in the other place.
Gavin Robinson
It is not often that we get to speak having heard such obituaries, but to be able to do so is a great opportunity, because most people do not get to reflect on obituaries offered. I thank everyone so much for all the contributions that have been made. I greatly appreciate it. The Minister and I entered this place at the same time—I think I have a couple of years on him, and a few more grey follicles, but it is not much in age terms. This has been a very encouraging process. It shows, despite the differences that we sometimes have on the Floor of the House, in Committee sittings and so on, just how productively parliamentarians can work together when there is positive and common cause. That is not something seen very regularly in the public sphere, but I think this process encapsulates the best of what we can do.
The process of arranging a Public Bill Committee has been interesting as well. A couple of colleagues across the Committee Room here today are fellow travellers in the private Member’s Bill process. We are supporting one another, and I am very grateful for their being here.
I want to mention a number of others, including the former Secretary of State for Northern Ireland, the right hon. Member for North West Cambridgeshire. He has been a long traveller on Northern Ireland issues and has taken a keen interest in them. There is also my friend, the right hon. Member for Rayleigh and Wickford. Spartan-like, he stands up and speaks positively to this Bill.
It is hugely encouraging to have my constituency neighbour, the hon. Member for Belfast South, with us today. She is somebody who approaches constitutional politics from the opposite side from me, but we have never been opposites in a personal sense. We have always worked well for the collective good in Belfast, so I am really encouraged that she is with us today and that she is giving her support for something that I think is open and not coercive in any way; it is open for anyone to avail themselves of it should it pass.
To the shadow Minister, the hon. Member for Putney, I will make two points. I am delighted that she is here —that is not one of the points. A word to the wise: 322 was the number that I used on each of the nine occasions, so although it came up on the ninth occasion, that is not to say that it is in any way more lucky than another. I have recognised through the process of this Bill that fees will come separately, as part of a fees order. I agree entirely with the thrust of the comments that the shadow Minister has made, and I appreciate the way in which the Minister has engaged on that issue as well. He recognises the position I have adopted; I do not believe there should be a fee over and above passport fees.
There is an administrative argument as to what else should be additionally placed upon that, but I am quite comfortable with the Northern Irish Affairs Committee report and its comments and recommendations to Government. It is helpful and instructive for officials for the Opposition spokespeople to indicate their support, but I know that the Minister has never been difficult in this, and has always engaged very helpfully on it. It does not form part of this Bill, Mrs Harris, and therefore it is probably in order for you to rule me out of order for referring to it in any great detail.
I give huge thanks to all hon. and right hon. colleagues who have turned up this morning for the thoughtful way in they have engaged with this Bill, and I thank you for your chairmanship, Mrs Harris. The Clerks are often left out of the thanks, so I thank the Clerk to your immediate left. She has been hugely helpful over the last number of months, despite tenacity bordering on some sort of possessive contact about what was happening next. I also thank the officials from the Home Office, who similarly have had to bear my contact and questions. They have been hugely gracious and helpful.
Amendment 1 agreed to.
Amendments made: 2, in clause 1, page 1, line 6, leave out from beginning to “is” and insert “An Irish citizen”.
This amendment means that Irish citizens who fulfil the requirements in subsection (2) of new section 4AA (changed by Amendments 3 and 4) are entitled to be registered as British citizens under new section 4AA, rather than just persons born in Ireland after 31 December 1948 who fulfil those requirements.
Amendment 3, in clause 1, page 1, line 12, leave out “Northern Ireland” and insert “the United Kingdom”.
This amendment and Amendment 4 change the residence requirements for the new route to British citizenship in the new section 4AA, so that the requirement is that the person has lived in the United Kingdom for the five years before their application, rather than in Northern Ireland.
Amendment 4, in clause 1, page 1, line 14, leave out “Northern Ireland” and insert “the United Kingdom”.
See explanatory statement to Amendment 3.
Amendment 5, in clause 1, page 2, line 13, leave out “persons born in Ireland” and insert “Irish citizens”.—(Gavin Robinson.)
This amendment is consequential on Amendment 1.
Clause 1, as amended, ordered to stand part of the Bill.
Clause 2
Extent, commencement and short title
Amendment made: 6, in clause 2, page 2, line 21, leave out “Citizenship (Northern Ireland)” and insert “Nationality (Irish Citizens)”.—(Gavin Robinson.)
This amendment changes the short title of the bill, to reflect the change made by Amendment 2.
Clause 2, as amended, ordered to stand part of the Bill.
Amendment made: 7, in the title, line 1, leave out from “provision” to end of line 2 and insert
“for Irish citizens who have been resident in the United Kingdom for five years to be entitled to British citizenship;”.—(Gavin Robinson.)
This amendment changes the long title of the bill to reflect the changes made by Amendments 2, 3 and 4. The Committee has the power to consider these amendments, and the consequential changes to the long title, by virtue of the Instruction given to it by the House of Commons on 5 March 2024.
Bill, as amended, to be reported.