British Nationality (Irish Citizens) Bill

(Limited Text - Ministerial Extracts only)

3rd reading
Friday 26th April 2024 Commons Chamber

[The Minister for Security (Tom Tugendhat)]

On behalf of the Minister for Legal Migration and the Border, my hon. Friend the Member for Corby (Tom Pursglove), let me start by thanking all Members, from across the House, particularly those who served on the Bill Committee, who have engaged in debating the Bill’s merits on Second Reading, in Committee and today on Third Reading.

As many have said, this Bill is a huge credit to the right hon. Member for Belfast East (Gavin Robinson), who has rightly championed people being able to have the right to recognition as he has set out. He has conducted himself in an exemplary manner, not only with my ministerial colleague, who speaks highly of him and has been grateful for the engagement he has had in recent weeks and months, but with Home Office officials. As others have noted, the right hon. Gentleman has been persistent, diligent and challenging where the answers have not always been forthcoming as quickly as he would have liked. He has managed to get the right answers and to get them written down, so it is a huge testament to him that the Bill has secured cross-party support.

On Second Reading, Madam Deputy Speaker noted the “good-natured and constructive debate” that had taken place. I am pleased that that has continued, although I am not surprised; in the Government’s view, this Bill is doing the right thing and will make a real difference to Irish nationals and to those who have made their homes here in the UK and want to take the next step to become British citizens.

As we sit here, I am reminded of the words of our late sovereign, Her Majesty Queen Elizabeth, when she spoke in 2011 on the occasion of her state visit to the Republic of Ireland:

“no one who looked to the future over the past centuries could have imagined the strength of the bonds that are now in place between the Governments and the people of our two nations”.

What the right hon. Gentleman is doing today is making that recognition a little clearer, fresher and more meaningful.

My hon. Friend the Minister for Legal Migration and the Border also asked me again to reflect on the unique position that Irish nationals hold within the UK. I hope the right hon. Gentleman will forgive me for straying when I reflect on not an arbitrary group of individuals, but my own family. Like many in the UK, I have family going back to what is now the Republic of Ireland but was then the island of Ireland as part of the United Kingdom. They were from Limerick, and my father exercised his rights and secured an Irish passport a number of years ago. That connection is something that many of us see not just in the living expression of our ancestry, but in the history of freedom that our citizens have secured together. We do not need to look down many of the memorials here in England before we start seeing names that are clearly from the island of Ireland and realise that our shared struggle for freedom is reflected, sadly, in the pain of loss of families across these islands.

Irish nationals already enjoy the right to work, study and vote, alongside having benefits such as access to our health service and social welfare. The common travel area arrangements for Irish nationals are now in statute under 3ZA of the Immigration Act 1971. That protects the ability of Irish nationals to enter and live in the UK without needing a grant of immigration, leave to enter or remain. That relationship is reciprocated by the Irish Government in regard to British citizens entering Ireland and this strengthens the relationship between our two countries. Indeed, the right to hold and to live both identities was also guaranteed in the Belfast/Good Friday agreement, and many people have exercised it. Indeed a member of my private office who luxuriates under the joint nationality exercises it to this day.

Irish nationals who are exercising their rights to live and work in the UK must currently undertake the naturalisation process to gain British citizenships. There are many requirements associated with naturalisation. There are many requirements associated with naturalisation, such as a period of residence—usually five years—which is replicated in the Bill. However, many immigration requirements for naturalisation are designed for those who require formal grants of leave. It is not right to fully apply those to Irish nationals seeking to obtain British citizenship. Equally, the need to demonstrate competence of language—usually English, although Welsh and Scots Gaelic are also options—and to pass the life in the United Kingdom test seems at odds with the position of Irish nationals in the United Kingdom. We are glad that they do not feature in this Bill.

This issue has been raised in the House previously by hon. Members, such as the hon. Member for East Londonderry (Mr Campbell). Likewise, it has been discussed by Lord Hay of Ballyore, who sits in the other place—as an aside, a member of my private office has decided quite extraordinarily to go and run a marathon in Donegal this weekend, for which I can only wish him good luck. They have highlighted the strong feeling about the issue, in addition to the cost of naturalisation. My hon. Friend the Member for Corby would like to express his happiness with the Bill and the improvements it makes to our statute book.

Although the Government supported the underlying principles of the Bill, full Government support was dependent on the Bill being amended. Thanks to the right hon. Member for Belfast East and the constructive approach that has characterised the Bill, those amendments were readily included. Following the actions of Committee members who scrutinised and debated the Bill, the amendments have passed and the Government are able to offer their full, unbridled and unconditional support as it completes its way through the House and moves to the other place.

The Bill as introduced to the House allowed for only people born in Ireland after 31 December 1948, having been resident in Northern Ireland for five years, to register as British citizens. The right hon. Member and the whole House will know that before that date, citizens could not have been born in the Republic of Ireland as the Republic had not been declared, so they were automatically eligible for British citizenship.

The right hon. Member will forgive me for expressing that his modest initial proposal did not recognise the idea that he and I both share: the United Kingdom is whole and integral, and therefore citizenship laws that apply in Northern Ireland, as he has suggested, should apply to the rest of the United Kingdom, except when a particular treaty—the Good Friday agreement, for example—changes elements of that. I am glad that he has welcomed—as I knew he would—the expansion of the Bill to the whole United Kingdom.

Following the amendments made in Committee, the Bill’s provisions will apply to all eligible Irish nationals of all ages who live anywhere in the United Kingdom for five years. As noted by my hon. Friend the Member for Corby on Second Reading, the amendments made in Committee have done that, first, by making the route available to Irish nationals—regardless of how they became Irish—and not just those born in Ireland. Those covered by the provisions of the Bill as it was introduced will still be included, but the amended Bill is more expansive in approach. It will give all eligible Irish nationals a more straightforward pathway to becoming a British citizen.

Secondly, it does not have a requirement that an Irish national must have been born after a certain date. Under the amended Bill, people born on or before 31 December 1948 will have the same opportunity to make use of it as people born after that date. Thirdly, qualifying residents can be from any part of the United Kingdom, not just Northern Ireland. That ensures that all eligible Irish nationals resident anywhere in the United Kingdom will be able to make use of this important piece of legislation. That reflects the important point that becoming a British citizen is about a tie to the whole United Kingdom, not just one constituent part, even were we to expect its uptake to be proportionately more in Northern Ireland. I know that the right hon. Member for Belfast East agrees strongly with that.

The Bill will add a new registration route to the British Nationality Act 1981. It seeks to insert a new section 4AA to allow any Irish national who has completed the qualifying residential period in the United Kingdom to be registered as a British citizen if they apply and meet the requirements. The requirements are a period of five years’ lawful residence without excess absences, a specific assessment of the 12 months prior to the application, and being of good character. The Secretary of State would of course retain discretion over the residential requirements, allowing him or her to treat them as having been met even when they have not, where the exceptional circumstances of a particular case merit doing so.

In keeping with other applications for British citizenship, albeit not on the face of the Bill, Irish nationals would also be expected to enrol their biometrics and successful applicants aged 18 or over would be required to attend a citizenship ceremony. It would be remiss of me not to highlight that this Bill, alongside all other residential application routes for British citizenship, is subject to the relevant sections of the Illegal Migration Act 2023 on citizenship applications. I do not need to revisit the Government’s position in this area, as agreed by Parliament in passing that Act.

A question came up from my hon. Friend the Member for Hyndburn (Sara Britcliffe) about reciprocal requests to the Irish Government. That is a matter for the Irish Government, but I have to say we have an extremely friendly relationship with the Irish Government; indeed, the elevation of the new Taoiseach in recent days was a matter for some celebration to many of us. He has been a friend for a number of years. I am sure he will serve the Irish people extremely well, and I hope that the friendship we have developed over the years may see an evolution in this area—but that is a matter for them, not for us.

My hon. Friend the Member for Corby would like to reiterate his acknowledgement that the right hon. Member for Belfast East is not in agreement with the Government over the aims of the Illegal Migration Act. However, it is necessary to ensure a consistent approach across the statute book, even if it is highly unlikely that an Irish national would ever fall foul of that Act’s provisions.

Furthermore, my hon. Friend the Member for Corby is cognisant of the discussion to be had around fees for this registration route and notes the questions and comments that were raised in Committee on that point. As Members of this House may be aware, the unit costs for border and migration services are reviewed annually, an exercise that is currently under way following the financial year end. The unit costs for the proposed route will form part of that annual review, to ensure consistency in that calculation; once that is completed, my hon. Friend will be able to engage further with the right hon. Member for Belfast East in that space.

I must make clear, as my hon. Friend the Member for Corby also did, that this is intended not to be a profitable scheme for the Government, but merely a way of recognising that there is a cost, and it would be right that that cost fell on those exercising this right and not on every citizen. This Bill has enjoyed varied and cross-party discussion and debate on its journey through the House. That discussion facilitated the amendments passed in Committee, which will expand the number of Irish nationals in the United Kingdom who may make use of the provisions to obtain British citizenship.

From early in the life cycle of this Bill, it was and continues to be the Government’s belief that a dedicated route for Irish citizens will reduce the burden for such applicants and create a more straightforward process to becoming a British citizen for our closest neighbours. The establishment of a dedicated route could potentially also allow for a lower fee to be charged, although I have already highlighted that that must be considered in line with ongoing work surrounding the border and migration services fees.

The Government are unequivocal in our support for the underlying principles of the Bill, which was first introduced by the right hon. Member for Belfast East, and we are pleased to provide our full support for the Bill as amended in Committee. My hon. Friend the Minister for Legal Migration and the Border and I would like once again to concur with and congratulate the right hon. Gentleman on his success in the ballot and on helping the Government to find a way to correct the issue in our nationality system. I personally congratulate the right hon. Gentleman and wish his important Bill well as it moves through to the other place. It will make a welcome amendment to our current legislation—one that I hope will be exercised by those who have rightly and in a most welcome fashion made their home among us and are part of our lives today.

[Mr Deputy Speaker (Mr Nigel Evans)]

With the leave of the House, I call Gavin Robinson.