Food Price Rises: Public Sector Food Provision

Debate between Baroness Lister of Burtersett and Baroness McIntosh of Pickering

Monday 27th February 2023 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Baroness Lister of Burtersett (Lab)]

My Lords—

Nationality and Borders Bill

Debate between Baroness Lister of Burtersett and Baroness McIntosh of Pickering

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, it gives me great pleasure to move Amendment 83. I say at the outset that I shall neither speak to nor move Amendment 84. I take this opportunity to thank the noble Baroness, Lady Lister of Burtersett, the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Alton of Liverpool, for their support for this amendment.

The attraction of this amendment is that, after this matter was raised in Committee, it marries together two separate ideas—one pressed so eloquently by a long-standing campaigner on these issues, the noble Baroness, Lady Lister of Burtersett, and the other by me in a separate amendment. I say how delighted I am that we have the support of the Constitution Committee of this House in its HL paper 149 of January this year. Paragraph 15 states clearly:

“Clause 1 provides that a person is entitled to be registered as a British overseas territories citizen if a number of conditions are met. This clause corrects the historical inability of mothers to transmit citizenship. It is unclear what fees will be charged for registration applications under this clause and similar provisions”


in later clauses. It goes on:

“In a recent case the Court of Appeal held that a fee of £1,012 for certain registration applications by children was so high as to be unlawful.”


In paragraph 16, the Constitution Committee therefore requests:

“The Government should clarify its intentions on the amount of fees to be charged under clauses 1, 2, 3 and 7.”


Amendment 83 deals specifically with Clause 1. In the amendment, we state that no fee can be set above the cost to the Secretary of State of registration and that the cost must be set having regard to the vital importance of rights to citizenship by registration, securing the shared connection of all British persons; can be set only having regard to the specified principles; must not be charged to register the right to citizenship of

“any child who is looked after by a local authority”;

and must not be charged to register the right to citizenship of any person under a statutory provision specifically intended to correct past legislative discrimination or injustice that had wrongly excluded that person from citizenship.

It is clear from the Explanatory Notes—I entirely endorse this—that the purpose of Clause 1 and the whole of Part 1 is to correct a historical wrong, saying:

“This clause creates a registration route for the adult children of British Overseas Territories citizen … mothers to acquire British Overseas Territories citizenship”.


The wrong is that:

“Before 1 January 1983 children could not acquire British nationality through their mother. While registration provisions have since been introduced to rectify this issue for the children of British citizens (section 4C of the British Nationality Act 1981), this was not changed for children of”


British Overseas Territories citizens.

I am sure your Lordships would agree that charging £1,012 for a child and £1,126 for an adult to be registered as a British citizen is prohibitively expensive when the cost to the Home Office of registration, as estimated by the Secretary of State, is only £372. It could lead to many in this position not seeking registration because they cannot afford the fee. I ask my noble friend the Minister to tell us, in summing up the debate, where people—particularly children but also adults—will be expected to find the fee.

The remaining £640 in the case of a child, and more in the case of an adult, is money raised by the Home Office from the process that these British children and adults must go through to secure their citizenship rights. I do not know whether that is an unintended consequence of the way the fees are structured, but it does not seem fair to me.

In the case of PRCBC and others v SSHD, in February 2021, the Court of Appeal emphasised that for many

“children of a single parent on state benefits. it is difficult to see how the fee could be afforded at all.”

In its judgment handed down on 2 February 2022, the Supreme Court emphasised that these findings are not disputed. The court has similarly emphasised the importance of citizenship to a person’s identity and sense of belonging, and to their capacity to fully participate in social and political life. The Supreme Court Justice ruled that this a political decision, and I put it to the House this evening that it is now for us to rise and respond to the challenge and make sure that, as this is a matter of policy that is for political determination, we put it right this evening.

In conclusion, this is a very modest amendment. It seeks simply to remove the power to use the function of registering British people’s citizenship to raise money to pay for the immigration system and to restrict any fee that is charged to cover the estimated costs of registration. It does this by amending the powers in Section 68 of the Immigration Act 2014 to clearly distinguish rights to be registered as a British citizen from the many and diverse Home Office immigration functions to which those powers also apply. These people have lived their whole lives in this country and essentially have nowhere else to go. I do not believe that it is right that this fee should cause a barrier to them obtaining full citizenship, which, in my view, is their right.

As I said earlier, the amendment also precludes registration fees being charged in two specific cases. Local authorities should neither be charged nor discouraged from acting to secure the citizenship rights of British children whom they are looking after. Further, where a right of registration is provided to correct this historic injustice in British nationality legislation, the only fee should be to cover the process of that application.

With those remarks, I hope that this amendment will find the favour of the House and not just of those have who co-sponsored it, thereby correcting a historic injustice and ensuring that those who are entitled to this will actually be able to afford it. I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am very grateful to the noble Baroness, Lady McIntosh of Pickering, for tabling these amendments. I welcome her to the noble band of terriers who have been snapping at the Home Office’s heels on the issue whenever the occasion arose.

In Committee, the Minister, who to be fair is new to the issue, tried some of the old, discredited arguments. Notably, he referred to the

“sustainability of the system and fairness to the UK taxpayer.”

When challenged, he acknowledged that the system to which he referred was the migration and borders system. Once again the Home Office is conflating citizenship with immigration. We still await a convincing reason as to why children who were born or who have grown up in this country should be subsidising the migration and borders system. Moreover, the distinction between this group and taxpayers is simply not valid, as the children’s parents are already taxpayers and the children will be in future and may already be paying indirect taxes.

The Minister also tried to reassure us that there are a number of exceptions to application fees which protect the most vulnerable, including young people who are in the care of a local authority and applying for limited or indefinite leave to remain. However, the exceptions apply only to leave to remain, and when challenged he accepted the distinction between citizenship and leave to remain, saying:

“There is no arguing about that at all.”—[Official Report, 27/1/22; col. 469.]


When challenged again later, he assured me that he would not try the argument again today. Now that both he and the noble Baroness, Lady Williams of Trafford, have accepted that that argument will not wash in this House, and the importance of citizenship has been a thread running through the debates on the Bill, I hope he will not attempt to use the argument again this evening.

In Committee, the Minister also promised to write in response to a number of questions on the best interests review, for which we have been waiting, like Godot, for a good year since the Court of Appeal ruled that the current fee is unlawful because of the failure to take account of the best interests of children under Section 55 of the Borders, Citizenship and Immigration Act. I am grateful to him for the letter, although I found it a bit confusing. However, as the noble Baroness said, at least we now have the Supreme Court judgment, which did not dispute the best interests finding, and the Minister’s letter confirmed that the best interests Section 55 review will be published. My understanding is that it will be published by early May. Can he confirm that and say whether it will include a race and disability equality assessment? Can he also give an assurance that Parliament will be given an opportunity to debate the review report?

It is difficult to believe that a fee of over £1,000 is in the best interests of any child who has to pay it, given the evidence of the insecurity, alienation, exclusion and isolation it can cause, as noted by the Court of Appeal. The Supreme Court judgment found that, best interests aside, as the noble Baroness said, it is for political determination to limit the Home Secretary’s discretion in setting the fee level. The Bill gives us the opportunity to so determine politically.

Noble Lords have frequently cited the former Home Secretary Sajid Javid, who described the fee as “huge”. Less well known is that, just shortly before becoming the current Home Secretary, Priti Patel also questioned the level of the fee, according to a Times report, and indeed the Minister accepted that it is “a lot of money”. We have an opportunity this evening—or rather, this morning—to end the long-standing injustice created by this huge fee that has served to exclude thousands of children from their right to register as citizens. I hope we will take it.

Nationality and Borders Bill

Debate between Baroness Lister of Burtersett and Baroness McIntosh of Pickering

Committee stage & Lords Hansard - Part 1
Thursday 27th January 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, this is the first time I have spoken on the Bill, as I was unable to speak at Second Reading. I want to speak to the amendments in my name in this group. I look forward to hearing the thrust of Amendment 13 from the noble Baroness, Lady Lister. At the outset, I declare that my mother was a naturalised Brit through marriage, under an earlier incarnation of this Act. I am also a non-practising member of the Faculty of Advocates.

I shall move Amendment 3 and speak to Amendments 4, 5, 6, 7, 18 and 22. I am enormously grateful to Michael Clancy of the Law Society of Scotland for his expertise and briefing in preparing these amendments, which concern the fees to be charged under Clauses 1, 2, 3 and 7 of the Bill. The amendments are the work of the Law Society of Scotland, and in particular I pay tribute to its immigration and asylum sub-committee, which has considered this part of the Bill in some detail.

The Law Society of Scotland states that it agrees with Clause 1, subject to the registration process being free. There is no clarity around that in Clauses 1, 2, 3 and 7. This is a cause of concern and which is why I have tabled these amendments. In this connection, the Law Society acknowledges and agrees with the 2020 report by British Future, Barriers to Britishness. At pages 10 and 11, it recommends:

“Citizenship by registration should be free for those who become British by this route. This group mostly comprises children and those with subsidiary categories of British nationality, such as British Overseas Territories Citizens and British National (Overseas) passport holders from Hong Kong who now have a route to citizenship through the bespoke British National (Overseas) visa.


Nationality law should be amended to allow children born in the UK to be British citizens automatically, restoring a policy that applied before 1983.


Vulnerable groups of people should be encouraged to take legal advice, which should be affordable and widely available in all parts of the UK.”


The Law Society looked particularly at the case of PRCBC and O v Secretary of State for the Home Department—reported in “[2021] EWCA Civ 193”—where the Court of Appeal held that the fee of £1,012 for certain applications by children to register was unlawfully high. An appeal to the United Kingdom Supreme Court has recently been heard. We await the decision in due course.

I also want to refer to the extremely helpful report from the Constitution Committee of this House about the Bill. Paragraph 16 concludes:

“The Government should clarify its intentions on the amount of fees to be charged under Clauses 1, 2, 3 and 7.”


The committee sought clarity as to what fees will be charged for registration applications under this clause and under similar provisions in Clauses 2, 3 and 7, referred to earlier. The committee also referred to the forthcoming appeal decision of the Supreme Court.

I urge my noble friend, when summing up on this little group of amendments, to come forward and say whether fees are going to be applied and at what level they will be set. It is inappropriate to discuss the Bill at this stage and not to have any idea as to what fees will be charged during the process. With those few remarks, I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I shall speak to Amendment 13 in my name. I thank the noble Lord, Lord Alton of Liverpool, the noble Baroness, Lady Stroud, and the right reverend Prelate the Bishop of Durham—who cannot be here today—for their support. I support the other amendments in this group. I am grateful, too, to the Project for the Registration of Children as British Citizens, of which I am a patron, and to Amnesty International UK, for their help. Once again, I pay tribute to them for their continued work to promote children’s citizenship rights.

Essentially, the new clause would ensure that children are not excluded from their right to citizenship by registration by unaffordable fee levels, well above the cost of administering that right. It will also require action to raise awareness of this right.

It feels a bit like Groundhog Day. I have lost count of the number of times we have raised this issue in your Lordships’ House. Indeed, we are now known as “Terriers United”, although I do not think that all the terriers are able to be present today. On our last outing, during debate on the then Immigration and Social Security Co-ordination (EU Withdrawal) Bill of 2020, I warned the Minister that we would be snapping at the Home Office’s heels until we achieved justice for this vulnerable group of children.

I will recap the arguments briefly. We are talking about a group of children who were either born here to parents—neither of whom was, at that time, British or settled—or who have grown up here from an early age and have rights to register as British citizens. A combination of factors, notably the exorbitant fee of more than £1,000—£640 more than the most recent stated cost of administration—lack of awareness of the need to register, and the difficulties faced by local authorities with regard to looked-after children, have resulted in thousands of children being denied that right to British citizenship, even though it is theirs. A High Court judgment, to which I shall return, noted the mass of evidence. As a consequence, many children born in the UK feel alienated, excluded, isolated, second best, insecure and not fully assimilated in the culture and social fabric of the UK.

When we last debated this issue, as part of an amendment calling for a review of the barriers to registration of the right to citizenship, the Minister said:

“I completely acknowledge the points that the noble Baroness makes about citizenship costs; I will not tell her that you do not need citizenship to live here, because your Lordships will not accept that sort of answer.”


Quite right. I trust that there will be no attempt to revive such arguments today. Instead of trying to combat our arguments, the Minister proposed a “task-and-finish activity”. This would involve discussion of the issues in the wider context of societal cohesion and integration, which, sadly, will suffer as a result of this Bill. She then said that she would

“think about how we can then bring that back to the House”.—[Official Report, 5/10/20; cols. 429-30.]

Well, we had one initial meeting. It was very constructive, but it did not really address the substance of the withdrawn amendment, and nothing came back to the House.

In the meantime, there has been a significant development: the Court of Appeal upheld the High Court’s judgment which had found the fee unlawful because of the Home Office’s failure to take account of the best interests of children under Section 55 of the Borders, Citizenship and Immigration Act. It is worth noting a few points from the Court of Appeal’s judgment. First, it spelled out:

“There is no issue but that the recent and current levels of fees have had a serious adverse impact on the ability of a significant number of children to apply successfully for registration.”


It noted that payment of the fee would involve “unreasonable sacrifices” for those on low or middle incomes and, in the case of the children of lone parents on benefits,

“it is difficult to see how the fee could be afforded at all.”

Secondly, it underlined the importance of citizenship. Both these points, it said, were

“not disputed by the Secretary of State.”

Thirdly, and crucially, it said that, because

“no other consideration is inherently more significant than the best interests of the child”,

the Home Secretary

“must identify and consider the best interests of the child … and must weigh those interests against countervailing considerations.”

The judgment gave short shrift to the frankly pathetic Home Office argument that the debate on the fees initiated by Members of both Houses constituted consideration of children’s best interests. The chutzpah of trying to put that argument takes my breath away; anyway, the court would have nothing to do with it.

The case was heard by the Court of Appeal in October 2020 and the judgment was given in February 2021. The Home Office chose not to appeal against the best interests judgment yet, nearly a year later, it still has not published the outcome of the best interests review required by that judgment. However, because of a separate appeal on a different point of law to the Supreme Court in the name of PRCBC, of which I am a patron, and O, whose case it was, judgment on which is still awaited, Ministers now argue that publication of the best interests review must await that judgment. Why, given that the judgment has nothing to do with the best interests review?

As it happens, I understand that the judgment will be given next week. Can the Minister therefore commit to publishing the outcome of the best interests review swiftly following that judgment, and certainly before Report? If not, why not? The longer the continued wait, the more children will be denied their right to citizenship because of the level of the fee. This cannot be right. Please do not use the Supreme Court’s irrelevant judgment as an excuse for rejecting this amendment. These children cannot afford to wait any longer. Every month of delay is another month of exclusion and alienation from British society. The terriers are growing very impatient.

--- Later in debate ---

[Baroness Lister of Burtersett (Lab)]

I am sorry, but that is irrelevant, because this is not about immigration. It is about the right to register for citizenship for children who have been born here or who otherwise have lived most of their lives here.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank everybody who contributed to this debate. I thank my noble friend for his courteousness in giving as full a reply as he is able to at this time.

I acknowledge the indefatigable campaigning skills of the noble Baroness, Lady Lister, and the noble Lord, Lord Alton of Liverpool, and the work they have done. I am grateful to the right reverend Prelate the Bishop of Gloucester for sharing the concerns of the right reverend Prelate the Bishop of Durham and his work in this regard.

I will focus on one particular aspect of my noble friend’s reply. I will not get involved in the best interests review because that is a separate argument. We need a very clear undertaking that, if the Supreme Court is to rule on the appeal as soon as next week, the Government will come forward and let us know what the scale of fees will be. I accept that the amendments I have put forward are the more radical. They say that the fees should be waived for all the reasons given during the debate: they are proving a barrier to children who, as the Government Benches and the Minister have agreed—I welcome that—should be welcomed, and citizenship should be awarded to them provided they meet the conditions. I do not think that a fee of £400 more than the cost of the work being done is satisfactory. It is unacceptable.

In the words of the Law Society of Scotland and of the Constitution Committee, I urge the Government to clarify their intention on the amount of fees to be charged under the relevant clauses—Clauses 1, 2, 3 and 7—after the Supreme Court judgment is announced, and to come forward with an amendment in this regard before Report, otherwise I will feel obliged to retable the amendments. At this moment, I beg leave to withdraw the amendment.