Nationality and Borders Bill (Fifth sitting)

Bambos Charalambous Excerpts

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[The Chair]

Good morning, ladies and gentlemen, and welcome to what will be for some of you the first sitting of a Committee for a very long time, and for others probably the first sitting of a Public Bill Committee. Please switch electronic devices to silent. I am afraid that food and drink are not allowed in the Committee Room, so if any Member feels obliged to get a coffee or something, I am afraid they have to drink it outside in the corridor. Water, of course, is permitted.

Members are encouraged to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission. Please also give each other and members of staff space when seated and when entering. I shall mainly not be wearing a mask, I am afraid, because my glasses steam up and I need to be able to see my papers. I mean no discourtesy to any Members who feel either inclined or obliged to wear a mask. Hansard will be grateful if Members could email their speaking notes to [e-mail].

The format of the Committee Room this morning is slightly changed as a result of the pandemic. It is a sadness to me and to the Clerks that civil servants are now required to sit in the Public Gallery rather than where they would normally sit, along the side. That makes life slightly difficult for parliamentary private secretaries, who may wish to communicate messages from the civil service to the Minister. I gather that that is now done electronically, but if there is a problem please let me know. I hope that the system will work, but we need to know if there is a difficulty.

We are about to commence line-by-line consideration of the Bill. Before we do that, at the risk of teaching granny to suck eggs, I will give a very modest tutorial. I am fully aware that, as Committees have not sat for some time, there will be Members present who have never sat on a Public Bill Committee. Even those who have and, dare I say it, even Chairmen sometimes get things wrong or do not understand what is going on. It is a fairly arcane process. All the papers that are needed, in case you have not already worked this out for yourselves, are on the table in front of me. You are not supposed to walk in front of the Chair, but I will not bite your head off if you suddenly find that you need a paper that you do not have, so feel free to come and get it. I should have said at the start that when I am in the Chair—this may not be the case with Ms McDonagh; it is up to her to decide—if Members wish to remove their jackets they may do so. Given the weather, you may not wish to.

Coming to the selection list, which I hope you all have a copy of, you will note that amendments are grouped by subject of debate, which may or may not be in the order that the Bill dictates. The order is dictated by subject matter, not the sequence in which amendments have been tabled. That is why you will find that the groupings appear to be out of order. The first grouping—amendments 29 and 84—relates to clause 1, so that is pretty straightforward. The second grouping under clause 1 relates not only to clause 1 but to other clauses. If you wish later to move an amendment, only the lead amendment may be moved. Therefore, amendment 29 may be moved, but not amendment 84, and amendment 8 but not the rest of the group. The other amendments may be moved when they are reached in the Bill. The amendments to clause 10 will be debated now but moved formally when we reach clause 10.

I am sure that is as clear as mud, but it will become clear. If Members have doubts about this or any other procedure, please do not hesitate to ask; like the man from the Inland Revenue, we are here to help you.

Not all amendments will be moved. All Government amendments will be moved, but if an Opposition Member wants to move an amendment that does not appear at the start of a group, please tell us. The Clerk will note it and you will be asked to move it at the right point in the Bill.

I hope that is relatively clear. Unlike in proceedings on the Floor of the House, any Member who wishes to speak should indicate as much to the Chair—I do not have second sight. We will try to accommodate you. You may intervene more than once in Committee, whereas only one speech may be made of the Floor of the House.

At the end of clause 1 there will be a stand part debate, offering an opportunity to debate the whole clause, as amended. If I consider that every conceivable thing that can, should or needs to be said about clause 1 has already been said, I shall not permit a stand part debate: that is in my gift, not yours. I always say that you may have one bite of the cherry, but not two. I normally allow a fairly wide-ranging debate on the first group of amendments—Siobhain might take a different view—but please bear it in mind that if you avail yourself of the opportunity I am unlikely to permit a stand part debate: you cannot say the same thing twice.

I shall try to guide you as we go along, but I am probably no less rusty than you. Let us see how we get on.

Clause 1

Historical Inability of Mothers to Transmit Citizenship

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move amendment 29 in page 2, line 10, leave out “parents been treated equally” and insert

“mother been treated equally with P’s father”

[The Chair]

With this, it will be convenient to debate amendment 84 page 2, line 14, leave out

“had P’s parents been treated equally”

and insert

“had P’s mother and P’s father been treated equally”

[Bambos Charalambous]

It is a pleasure to serve under your chairmanship, Sir Roger.

I thank colleagues from across the refugee and asylum sector for their considerate and constructive scrutiny of all the proposals made in the Bill’s evidence session in September.

As part of the Opposition’s detailed scrutiny, we will express our serious concerns about the Bill, which we believe does nothing to address the crisis in our broken asylum system and seeks to penalise the most vulnerable people in our society.

I shall first consider the Bill’s impact in addressing historical injustices in British nationality law concerning discrimination, specifically in relation to British overseas territories citizenship. We generally support the proposals in clauses 1 to 5, which seek to close important loopholes.

I pay tribute to the efforts of the British Overseas Territories Citizenship Campaign, which has campaigned tirelessly over many years for the nationality and citizenship equality rights of the children of British overseas territories citizens who have suffered under UK law owing to loopholes that we shall discuss in detail. These people feel a strong connection to the UK and deserve our support.

British nationality law can be complex. Some of the complexity arises from the British history of empire and Commonwealth. In passing the British Nationality Act 1981, Parliament created British citizens and British overseas territories citizenship. In doing so, it abolished citizenship in the UK and colonies—abbreviated to CUKC—which was a unifying citizenship for all persons of the UK and its colonies. This meant that the status of some children had the potential to be changed to overseas citizens, even though they had been born and raised in the UK.

Persons unified by CUKC were therefore separated by the 1981 Act into two groups, but amendments made since mean that the two groups are no longer aligned in British nationality law.

The Bill’s early clauses seek to bring into line the two elements of British nationality—British citizenship and British overseas territories citizenship. For the benefit of those on the Committee, I point out that British overseas territories citizenship is the citizenship of people connected to the territories that the UK has retained. It includes the following territories: Anguilla, Bermuda, the British Antarctic Territory, the British Indian Ocean Territory, the British Virgin Islands, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, and the Turks and Caicos Islands.

Clause 1 would create a registration route for the adult children of British overseas territories citizens and for mothers to acquire British overseas territories citizenship. Before the 1981 Act commenced on 1 January 1983, British nationality law discriminated against women, whose children could not acquire British citizenship through them. The Act removed that discrimination, but did not address the impact of that discrimination prior to the Act. Many people, therefore, would have been born British but for this discrimination and continue to be excluded from British nationality after the passing of the Act.

It is clear that a historical anomaly was created. Changes were made under section 4C of the 1981 Act to rectify the situation of children of British citizens, but no such rectification was made for the children of British overseas territories citizens. Members of the Committee will know that under the 1981 Act a number of cases arise in which an individual who would have qualified for automatic British overseas territories citizenship, British citizenship or the right to register or naturalise as a citizen is unfairly prevented from doing so through no fault of their own, as has been the case with the adult children of British overseas territories citizens.

We need to rectify that injustice. The historical inability of mothers to transmit citizenship should be corrected, and I am glad that is being addressed in the Bill. Clause 1 sets out to correct that and create a registration route for the adult children of British overseas territories citizen mothers to acquire British overseas territories citizenship.

The Opposition generally support the changes proposed in clause 1 to close that important loophole. None the less, our amendment refers to a technical matter in relation to the drafting of clause 1—specifically, that it does not follow the language previously accepted to address the injustice, as used in section 4C of the 1981 Act.

I am sure that the Committee will agree that clarity is crucial in matters of citizenship and nationality law. The language used in clause 1 is not sufficiently clear. I will explain why. For example, the clause introduces proposed new section 17A, subsections (a) and (b) of which include the terms “had P’s parents been treated equally”. As Amnesty International and the Project for the Registration of Children as British Citizens outline, the difficulty with such wording is that it tells us nothing about the direction in which equality is to be achieved or indeed in what place.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Does my hon. Friend agree that clarity is absolutely crucial, given the mistrust of the Home Office that often exists because of its high error rate in some citizenship and wider visa decision making processes?

[Bambos Charalambous]

My hon. Friend makes an excellent point. Citizenship, clarity and consistency in the law are essential, which is why we seek to rectify the position. The provisions of one Act cannot be inconsistent with those of another.

The amendment would address the difficulty by inserting the wording,

“had P’s mother been treated equally with P’s father”,

in clause 1. It would clarify the clause and the positive intention behind it. I think that there is broad agreement in the Committee on the need to address the historical inability of mothers to transmit citizenship.

[The Chair]

Ordinarily, unless the Minister wishes to intervene, we now have a debate in which any Member may take part. At the end of the debate, the Minister exercises his right to respond and the mover of the motion decides whether he wishes to press the amendment to a Division or withdraw it. If it is the latter, I seek the leave of the Committee for him to do so.

--- Later in debate ---

[Tom Pursglove]

The short answer, based on my understanding, is no. The connected provision in the Act talks about parents and not the mother and the father, so that is why we think this is the appropriate route to take for BOTCs. I am satisfied that the current wording does what is required so I ask hon. Members not to press their amendments.

[Bambos Charalambous]

I have heard what the Minister has said, but we could avoid going down the path of seeking to clarify the current wording if the same wording that was used in the 1981 Act were used here. We do not see what the problem would be. If the wording in the 1981 Act is adequate, why not just repeat it in the Bill? It would provide clarity and stop problems occurring in the future. Our belief is that everyone should be treated equally, and we should not have a separation, which the amendment tries to correct, between British overseas territory citizens and British citizens. Regrettably, we will press the amendment to a vote.

--- Later in debate ---

[The Chair]

The hon. Gentleman has been entirely in order throughout his remarks. He has quoted from a number of documents. Would he please make sure that paper copies—or electronic copies, preferably—are made available for Hansard? Thank you.

[Bambos Charalambous]

I will be brief. I entirely support amendment 8 and the associated amendments on fees. The starting point is rectifying the injustice that has been done, and fees should not be a barrier to rectifying that injustice. We support the waiver of fees in those cases, because there has clearly been an anomaly that has disproportionately affected the people in this case. Fees should never be used as a barrier and they will clearly be a barrier in this instance, and that is why we support amendment 8 and the associated amendments in the group. If the intention is to make it easier for people to acquire citizenship, we want to remove barriers, not add them. That is what the amendment would do and that is why we support it.

There has been discussion about the cost of the administration of fees. My hon. Friend the Member for Bermondsey and Old Southwark has made the point that the Government are meant to be carrying out a review following legal challenges. I hope that we see the fruits of that review before the Bill goes through its parliamentary stages, so that we can have greater certainty. I am sure the Minister will clarify that. We also need to make sure that awareness is raised about the access to rights to citizenship and the impact that the fees will have. For those reasons, we commend the amendments.

--- Later in debate ---

[The Chair]

There is no need to have a stand part debate on clause 2. There are no amendments to clause 2, but I do not wish to curtail debate if hon. Members have anything they wish to say.

[Bambos Charalambous]

I have some remarks, which I will try and keep as brief as possible. As outlined in the Committee, opening clauses 1 to 5 seek to close the important loopholes in British nationality law. As we have already heard, British nationality law has discriminated against women and that will be corrected by clause 1 and the Opposition amendments. Clause 2 deals with children born out of wedlock, who have been prevented from deriving nationality from a British father if unmarried. That is another historical injustice and I am glad it is being considered in the Bill.

As Committee members know, before 1 July 2006, children born to British unmarried fathers could not acquire British nationality through their father. Registration provisions have since been introduced to rectify that issue for the children of British citizens through sections 4E and 4I of the British Nationality Act 1981, but that was not changed for children of British overseas territory citizens. Let us pause for a moment to reflect on the impact of the inconsistency: a child has no control over its parents’ choices, yet British overseas territories children, now adults, have been discriminated against because their parents were unmarried. Due to a loophole in British nationality law, those children would not automatically acquire British overseas territory citizenship as the law failed to provide unmarried fathers with the ability to transmit citizenship. Therefore, through no fault of their own and without knowing why, that group of British overseas territories children did not acquire rights as British overseas territories citizens—rights they deserved and should have been entitled to, including, for example, holding a British passport or gaining consular assistance from the UK.

As we know, injustices that relate to nationality and citizenship span generations, and it is right the Government seek through clause 2 to correct the historical inability of unmarried fathers to transmit citizenship. The clause will insert new sections 17B and 17G to the British Nationality Act to provide for registration as British overseas territories citizens for persons born before 1 July 2006 to British overseas territories citizen fathers, where the parents were unmarried at the time of their birth. The provisions provide an entitlement to be registered for those who would have become British overseas territories citizens automatically had their parents been married at the time of their birth and for those who would currently have an entitlement to registration were it not for the fact that their parents were not married at the time of their birth. As the clause creates a registration route for the adult children of unmarried British overseas territories citizen fathers to acquire British overseas territories citizenship, the Opposition welcome and support clause 2. It shows that the adults who have slipped through the cracks in UK nationality law over many years are no longer punished and, instead, are finally placed on an equal footing with mainland UK children born under the same circumstances.

[Tom Pursglove]

Following clause 1, this clause also seeks to rectify a historical anomaly in British nationality law for people who would have become British overseas territories citizens. The purpose of the clause is to insert a new registration provision for people who, first, would have become BOTCs automatically had their parents been married and, secondly, would currently have an entitlement to registration as a BOTC but for the fact that their parents are not married. That has long been awaited. We are aware of people who would have become British had their parents been married and see citizenship as their birthright.