Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Bennett of Manor Castle Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Baroness Primarolo (Lab) [V]]

My Lords, I will add a couple of comments to this very important debate. First, I congratulate my noble friend Lady Lister. She has pursued this vital subject with great tenacity and ensured with great clarity that the main arguments are put again on the Floor of the House. I know that the Minister will be listening carefully to all the points that have been made.

As my noble friend said, this is a modest amendment, which seeks action from the Government to ensure that the rights that were conveyed by the British Nationality Act 1981 are open and accessible to those who are entitled to them. When reading some of the comments that Ministers made during the passage of the British Nationality Bill, it is fascinating to see the clarity with which they saw the entitlement to citizenship which has now been so clouded and had so many barriers put in its way, as my noble friend Lady Lister said. For example, the Minister of State for the Home Office who took that Bill through said that

“as I think the House knows by now, what we are looking for in the creation of our new scheme of British citizenship is real connection. We are looking for citizens who have a real connection with the United Kingdom.”—[Official Report, Commons, 3/6/1981; cols. 979-980.]

He went on to say that it is “extremely important that those who grow up in this country should have as strong a sense of security as possible”. Conveying the entitlement to citizenship was central to that.

It was not Parliament’s intention at the time that anyone, least of all children, entitled to British citizenship, should be content, as a substitute, with either limited or indefinite leave to remain. That could leave them liable to immigration control and powers from which it was intended they should be free and would not fulfil the clear intention that Parliament wanted to establish in providing for the entitlement—the right—to British citizenship. It is time to make sure that we have a clear route through to delivering that entitlement, that right, to those in this country who currently cannot get access to it.

The requirements of this amendment, modest as they are, seek to remove a two-tier system, the prohibitive fees and the lack of information which leaves people unable to access their rights. It is time that this House addresses this and I sincerely hope that the Minister will be able to give a clear indication today about how we are going to honour the word given to these children in the British Nationality Act 1981 and to deliver access to that right, instead of preventing them achieving it.

I will support the amendment if it goes to a vote, but I sincerely hope that the Minister will be able to explain to the House how the Government will deliver.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I declare my membership of the Roma, Gypsy and Traveller APPG which, as the noble Baroness, Lady Whitaker, said, represents some of the children who may be particularly affected by our current discriminatory system, which is effectively impossible to navigate. The noble Baroness, Lady Lister, made a hugely powerful introduction, so I will be brief in offering the Green group’s support for this amendment. I add my hope to that of many noble Lords that the Government will the see the sense of it and agree to adopt it. We are talking about rights that people are entitled to. We cannot allow people to be excluded from them by lack of knowledge, lack of funds to access them or lack of access to the systems needed to exercise them. Keeping that exclusion would be a profound injustice.



I think I have to declare a personal stake in this issue. I chose to become British, as I chose, before that, to live as an immigrant in Thailand for a number of years. But I was able to make both moves very easily, reflecting my relatively privileged background. In Thailand, the Australian state, through Australian volunteers abroad, sorted out my paperwork, then my employer did. It was then through grandparent rights that I was able to come to Britain. The family story is that my grandmother came back to the UK to have a baby. Then, after a period of residence, I was easily able to secure citizenship, back when the price of a British passport was close to the actual cost of administering it, in the early 1990s, which was not really that long ago.

It was only recently, when I read the excellent book, Bordering Britain: Law, Race and Empire, by Nadine El-Enany, that I was educated about the racism behind that arrangement, the grandparent right. There is much that should be tackled in our law to clear the taint of racism, colonialism and expropriation that remains central. But after Windrush, surely we can do something to clean up the structure of our systems—modest changes, as noble Lord after noble Lord, including from the Minister’s side of the House, has said before me—particularly systems that deny children and young people their right to security and a stable place in the world. Equality before the law is a foundational principle, but the letter of the law is not enough, as Windrush has demonstrated. The practice of government has to be fair and non-discriminatory.

[Lord Russell of Liverpool (CB)]

I declare my interest as a governor of the children’s charity, Coram. I rise to speak strongly in support of this amendment.

In Committee, the noble Baroness, Lady Lister, and her supporters were praised for their “terrier-like” characteristics. My initial research into terriers slightly alarmed me, because the original animal, which, in 1815, inspired the creation of the canine family of terriers, was called, believe it or not, Trump. You heard it here. I became less alarmed when I read Johannes Caius’s 1576 description of dogs with similar characteristics, which he praised for their

“insane dedication to chasing creatures bigger and stronger than themselves.”

The Minister knows what she is up against. 

The Minister may recall that at Second Reading I spoke about the paramount importance of accurate, reliable and timely data in making any key policy and process decisions. I think she agrees with this. 

I am supporting this amendment because I am persuaded by several key pieces of evidence. As a terrier, I doggedly follow the scent—or, in this case, the evidence. The first piece of evidence comes from the PRCBC, of which the noble Baroness is a patron, and which repeatedly encounters children who fall into two particular categories. The first category is that of those born in the UK, but not born British citizens because their parent, also born in the UK, had been unaware of, or was unable to exercise, their own right to register as a British citizen. The second category is that of children who are British citizens by birth, who were taken into care or adopted, for whom nobody has acted to confirm their right to citizenship, leaving them unable to establish that they are already legally entitled to British citizenship. These two categories of children are being treated as though they are not British but mere guests in this country, as a result of which they run the risk of effective loss of their citizenship rights. This is both morally and legally wrong and is certainly not what Parliament intended, as several noble Lords have said.

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[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I offer the Green group’s support for both the amendments, but particularly Amendment 25 in the name of the noble Earl, Lord Clancarty, with broad cross-party support. Given the time and extensive exploration of these amendments by the movers, I shall not speak at length, but I want briefly to reflect particularly on the issues of inequality that the end of freedom of movement will bring to the science and research communities and the artistic and entertainment industries.

The Government like to talk about attracting the great and the good—another way of saying the established and mainstream, those backed by multinational companies and large funders. But this is very rarely where the big creative ideas come from: the truly original thinking and breakthrough artistic creations, the ideas and knowledge that will help us move away from the disastrous “business as usual” approaches that have trashed our planet and given us a poverty-stricken and unhealthy society.

When we look at the arts and entertainment, there is often a temptation to refer to the economic importance of those industries, and they are of course of great and increasing importance. But I also want to speak about the quality and enjoyment of life. There is little doubt that the top-charting artists, those with massive commercial backing, will be little affected by this Bill. But the small French band visiting from a town with which a rural settlement is twinned, or the experimental and innovative new artist appearing at a fringe festival, are the people who will be stopped—and we will all be the poorer.

Finally, I refer to the arguments that I made in moving Amendment 2—and I put on record my thanks to all noble Lords who supported it—about the impact on UK citizens’ residence. As I said, how we treat people across Europe will be largely mirrored by how our people will be treated in Europe. I am sure that I am not the only Member to be contacted by desperate musicians and other performers who fear, with good cause, that the restrictions that they may face in response to our restrictions will end their career. I shall not seek to steal words from the Lords spiritual, but the phrase “Do unto others as you would have them do unto you” comes irresistibly to mind.

[Lord Judd (Lab) [V]]

My Lords, the noble Earl is a very civilised man, and it is always very refreshing to hear him. We have become a highly regarded and enviable centre of the arts in the world. The first thing that any of us who are involved at all know—and I have a son-in-law who is a professional singer and other members of the family who are involved in the arts—is that that by definition the arts and creative activities that they involve know no national frontiers. They are international. My goodness, how we flock to hear the music of foreign composers and singers from other countries. In drama, the same story is true. This is a creative element which helps to build a positive profile of Britain in the world.

I find it very sad indeed that people wanting to participate here and make a contribution to the world by participating here, and certainly to our enjoyment in this country, should encounter these physical barriers and the rest. It is important that if we take any pride at all in the reputation of the UK and of the place of respect and envy that we have reached in the world, this amendment needs to be addressed very seriously. I know the Minister is a highly civilised person and I am sure she will take the point that we should be encouraging people to come and participate in that activity.

The other point I shall make is that I am involved, marginally, in several universities in Britain. It may be argued that the number of overseas students wanting to come here defies the predictions of those who have had anxieties, but in this amendment we are talking not about undergraduate students but about the quality of research. The quality of research and of higher education depends upon international input. It is inseparable. It is not just something with which we may or may not make some money. It is integral to the real quality of higher education research.

Again, we should be welcoming people from abroad and encouraging them to come and participate in that activity. There is too much evidence that, whatever may be happening at undergraduate level with numbers of students, there are now too many people of real quality who are thinking twice about settling with their family in this country. That is a tragedy, and we should do anything we can do to make them welcome. We should have a most welcoming reception at immigration points in this country, at ports of entry and the rest, so that people understand how much we value and appreciate them. I do not know about other noble Lords, but I am sure that many of them and the Minister share a sense of richness, enjoyment and fulfilment at the quality of our arts and our research. This is an important amendment and I am delighted that the noble Earl has put it forward.

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[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

My Lords, I have received one request so far to ask a short question after the Minister; that is from the noble Baroness, Lady Bennett of Manor Castle.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I am aware of the time so I will be very brief. For the record, the Green group is offering our support for this amendment. I have identified three questions from the debate which I do not think the Minister has answered. First, the noble Baroness, Lady Bull, asked about people who lack or lose mental capacity. To answer ID-confirming questions from a call centre—

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am sorry to interrupt the noble Baroness, but the Standing Orders make clear that she may ask one question on a point of elucidation, so perhaps she would choose her favourite of the three.

[Baroness Bennett of Manor Castle (GP) [V]]

That is really difficult. I will go to the question of the noble Lord, Lord Kerr, about being in an airport or train station and the fact that you have to have two pieces of technology working. The Minister said that the Government’s systems will be wonderful but, of course, this relies on other people’s systems. As the Minister said, our systems are great, but the noble Baroness, Lady Shackleton, said that she has had a problem; all of us have encountered those problems. Imagine that situation at the airport or train station: the clock is ticking, the queue is moving and the plane is about to go—and the systems are not working. What are people going to do and what situations will they be stuck in as a result?

[Baroness Williams of Trafford (Con)]

I will say just two things to the noble Baroness. The first is that I hope I have explained in quite a lot of detail the level of security back-up inherent in this system. I also hope that she will acknowledge something that I have had experience of before: walking through an airport, I suddenly could not find my passport.