Northern Ireland Residents: British Passports

(Limited Text - Ministerial Extracts only)

Tuesday 18th October 2022 Westminster Hall

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I am grateful to have the opportunity to address this issue, Sir Christopher. I am grateful to the hon. Member for East Londonderry (Mr Campbell)—my hon. Friend, if I may say so—for making his case so articulately. His constituents will certainly know that he has made their case with great force and passion, and I have understood it clearly. There is a point to be made about the difference between identity and citizenship, but I want to ensure that I spell it out accurately with reference to my notes, so I will come back to it.

On the issue of the Union, I want to make it absolutely clear that I am defiantly and ferociously pro-Union. Equally, under the Belfast/Good Friday agreement, the Government are obliged to participate impartially, which may sometimes create tensions. I want to make it clear to everyone that I am pro-Union and this is a pro-Union Government.

On passports, I hope that the hon. Gentleman will not mind if I slightly playfully point out that although I am somewhat known for my pro-Brexit views, I have not troubled to update my passport. I still carry an EU passport, which may surprise some. I want to put that on the record. I know that many people will share with the hon. Gentleman the passionate belief that our passport is a great symbol of who we are. However, personally, I am defiantly independent of the state, Government Minister though I may be. For me, my passport is an administrative thing, not a definition of who I am. I gently make that point to illustrate that perhaps not all of us feel exactly the same way about our passport.

[Gavin Robinson]

The Minister is entitled to consider his passport whatever way he likes. My hon. Friend the Member for East Londonderry (Mr Campbell) mentioned a Member of the House of Lords. To encapsulate the absurdity of the position that my hon. Friend has outlined today, if the Member he mentioned went through the naturalisation process, he would have to demonstrate that he could speak English and he would be invited to Hillsborough castle for a citizenship ceremony governed by a lord lieutenant. The very same man was the Speaker of the Northern Ireland Assembly for eight years and has been in the House of Lords for many years. If that does not encapsulate how absurd the requirement to go through the process to obtain a British passport is, I am not sure what else could.

[Mr Baker]

The hon. Member makes his point with great clarity, of course. However, I observe that in public administration there are quite often moments, particularly around transitions and edge cases, that look absurd on the face of it.

Before I get on to my notes, I will make two points. Representing Wycombe, I have observed that geography is very different from what it used to be. The internet has shrunk the world immeasurably, and many of my constituents are closely in touch with events and people thousands of miles away, so geography has a slightly different meaning these days. I will also pick up the point on hurt and anguish; if I have learned one thing in my few weeks as Northern Ireland Minister, it is the decades—possibly centuries—of hurt and anguish that have built up on one another. I do take those issues very seriously, knowing how deeply felt they are. The hon. Member for Belfast East (Gavin Robinson) has spoken with great passion, and I know he sincerely means everything he has said.

Turning to matters of law, the right to apply for and hold a British passport is wholly contingent on the holding of British citizenship. It is perfectly possible to remain a British citizen even if someone chooses not to hold a British passport, or if they acquire and hold another passport. The people of Northern Ireland are guaranteed specific protections under the Belfast/Good Friday Agreement, and they are considered by the agreement to be

“all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence.”

The two birthright protections of the Belfast/Good Friday Agreement guarantee this group the right to identify and be accepted as British, Irish or both, and the right to hold both British and Irish citizenship. The protections recognise the unique circumstances of Northern Ireland and do not apply more widely. The UK Government are steadfastly committed to the Belfast/Good Friday Agreement, and those provisions are given full effect in law, which provides for British citizenship to be conferred at birth.

In that context, non-British nationals living in Northern Ireland would need to obtain British citizenship in order to receive a British passport, just as they would anywhere else in the United Kingdom. I think that is the heart of the matter. I have heard clearly the point made by the hon. Member for East Londonderry. It is the difference between identity and the administrative and legal status of citizenship.

[Mr Gregory Campbell]

I accept what the Minister says, and it is the repeated mantra that we have got from the Home Office. However, he alluded to the unique circumstances that pertain to Northern Ireland. That is what successive Governments of recent vintage have always done. Does the Minister not understand and accept the unique circumstances of the case that has been made, and that this is why the Home Office should act?

[Mr Baker]

I certainly do understand the unique circumstances of Northern Ireland, and the hon. Gentleman is very articulate and once again makes his case with great clarity. However, I have to tell him that unique circumstances in those matters apply in a great many places in the UK, including in my own constituency in some number. They are not the same unique circumstances, by any means, but I am gently trying to make the point that there are large numbers of people in the country who would claim special circumstances. The Government are under an obligation to deal fairly with everyone in the UK. The hon. Gentleman will remember some of the unfortunate circumstances of the Windrush affair, and there are other people who have had various difficulties. There are people in my constituency who, although they were born elsewhere, have lived there longer than I have been alive. They may or may not have British citizenship or a British passport, but I am glad to represent them.

Let me turn to some of the specific points that the hon. Member for East Londonderry made. He said that there are 40,000 people resident in Northern Ireland who were born in Ireland after 1949, and there is a sense of unfairness that they are made to apply for naturalisation. He enlarged a piece of the website that I could not quite read, but he made his point with some force. The crux of the matter is that an Irish national can naturalise in the same way as any other long-term resident who now considers the UK their home. I appreciate that at the heart of the sensitivity is the fact that people who identify as British, who were perhaps born not far from the border, but on the other side of it, are being told that they need to naturalise. He made the point clearly that for those who are British but were born on the other side of the border, this is a matter of utmost sensitivity.

The Government are treating those people—from an administrative point of view, they are not British citizens and they need to naturalise—in line with other nationals who reside here in the UK. We are glad that they feel at home here. We are of course glad that they identify as British—that they choose to be British—and we welcome them. The hon. Gentleman mentioned the case of our noble Friend in the other place. In order to ensure that we treat everyone in the UK fairly, they need to naturalise to make their nationality align with their identity.

That is the key point, and it is a matter of administration and law—[Interruption.] The hon. Gentleman shakes his head. I know that that is unsatisfactory to him, but we do not want to assume that all who identify as British necessarily wish to align their nationality. He might well ask whether it could be made easier and quicker for people of Northern Ireland who were born in Ireland to apply for naturalisation, but the requirements are made in statute. Irish nationals would enjoy more favourable provisions for naturalisation should they wish to apply.

One might ask why the Irish-born people that the hon. Gentleman represents have to naturalise at all. Under the common travel area, Irish people do not need to naturalise to reside in the UK. The common travel area provides that British and Irish citizens have the right to enter and remain in the other state without requiring permission. That is provided for in law, which the hon. Gentleman knows very well. They can make the decision to become a British citizen when they are ready to do so, as with any person who wishes to become British.

I think that the hon. Gentleman wants me to make specific commitments, but I have to disappoint him. The Government are very clear on the need to treat people fairly right across the UK. If we were to make special exemptions for the people he recognises as being on the cusp of a border, we would find ourselves in some considerable difficulty administratively.

[Gavin Robinson]

In many ways, the Minister is arguing against himself. He knows that he does not have the space to concede in this debate. Whether people are a mile from the border or at the very south of Ireland, the principle remains the same. The entirety of the Republic of Ireland is legally treated differently from any other country in the world, with the common travel area, the lack of immigration controls and no restrictions on working or living in the United Kingdom.

Will the Minister reflect on the fact that in the last four years, His Majesty’s Government have blurred the lines between citizenship and identity? The shoe was on the other foot, but a Northern Ireland resident, and therefore a British citizen, who wanted British citizenship for her partner was uncomfortable with the notion that she had to denounce citizenship that she did not want. She is, in identity terms, an Irish nationalist, and she objected. She lost the case in court because the Government argued robustly the distinction between citizenship and identity. However, the British Prime Minister ordered a review into the matter thereafter and wanted to show generosity of spirit, given the complaints. All we are asking is that the Minister and this Government do exactly the same thing for people who are notionally, emotionally and in every other way practically British.

[Mr Baker]

Once again, the hon. Gentleman makes his point with great passion and clarity. The Government welcome people’s choice to identify as British. We welcome the choice that people born in Ireland can make to apply for a British passport, and for non-British citizens to become British citizens. We recognise that the Union of Great Britain and Northern Ireland is all the stronger for its rich diversity in all aspects, whether people travel to Great Britain from the southernmost parts of the Republic of Ireland or from far overseas. For all its diversity, the United Kingdom is improved. Britishness is perfectly compatible with Irishness and Northern Irishness, just as much as Englishness, Welshness, Scottishness or, in my case, Cornishness.

The Belfast/Good Friday agreement rightly understands the highly personal nature of decisions around identity and citizenship, and the exercise of those distinct birthrights. It affords the people of Northern Ireland the freedom to make their own choices on identity. To reduce Britishness to the passport that someone holds in our United Kingdom would overlook the freedoms that the Belfast/Good Friday agreement rights enshrine and a fundamental truth of the strength of the Union: that Irishness and Northern Irishness readily coexist and compliment Britishness. That is a fact that we all ought to celebrate.

Hon. Members have made their points with great clarity. I will certainly reflect on what they have said, but they will understand that the Government’s policy is as it stands.

Question put and agreed to.