British Citizenship (Northern Ireland) Bill

Gavin Robinson Excerpts

2nd reading
Friday 26th January 2024 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

I beg to move, That the Bill be now read a Second time.

As a Back Bencher, the opportunity to table legislation of my own—to be able to proceed in this way with the leave of the House—is rare. Yes, we may question, challenge, probe, consider, support or oppose, but as a legislator the ability to legislate is constrained by the luck of the draw, the wisdom of Solomon and the patience of Job. For nine years, I have dutifully signed the ballot book for private Members and thought not another moment about it. Then I saw you take that ball, Madam Deputy Speaker, and read that number.

Today, in securing this opportunity, I wish to place on record my appreciation of the House staff, the Library, the Home Office Minister, who has been courteous and engaging in meeting me, and his officials, the Government Whips, His Majesty’s Opposition and Members of Parliament representing all parties from Northern Ireland who have offered their support. To the Minister and his officials I say that what started as courteous may at times have become frustrating when they saw my name pop up in their inbox, but I greatly appreciate their fortitude and forbearance.

More particularly, however, I claim no creativity or ingenuity around the Bill itself. In moving Second Reading, I wish to place on record my appreciation for colleagues past and present, who have sought to secure this important principled change to laws governing citizenship of the United Kingdom for individuals inherently of these islands. Even a cursory glance at the House of Commons Library’s briefing papers highlights that this has been a long and arduous road. My colleague in the other place, Lord Hay of Ballyore, commented last year that this conundrum was first raised in the House of Commons in 1985. Let me put that in context: it was before my first birthday. For a decade, he has been a passionate advocate for the changes proposed in the Bill, and has sought to complement and support the sustained and unparalleled efforts of my hon. Friend the Member for East Londonderry (Mr Campbell). A Member of this House since 2001, my hon. Friend has consistently and, some might say, with characteristic fervour, relentlessly tabled questions, pursued debates, encouraged Ministers, and expertly tilled the ground that is consequently so fertile today. His labour has not been in vain. Over the years he has collected the support of colleagues across the political spectrum, in the Conservative party, the Labour party, the Ulster Unionist party, the Social Democratic and Labour party and the Alliance party of Northern Ireland.

Let me explain the essence of the Bill. Colleagues will recognise, or should recognise, that through the Belfast agreement efforts were made to address issues of identity. While it was accepted and acknowledged that Northern Ireland’s place within the United Kingdom was constitutionally settled, not only could those with a competing aspiration avail themselves of Irish identity, but the Republic of Ireland Government afforded them the opportunity to attain Irish citizenship.

[Jack Brereton (Stoke-on-Trent South) (Con)]

I congratulate the hon. Gentleman, whom I think of as my hon. Friend, on introducing such an important Bill. Does he agree that this issue affects people’s lives? It is about their identity, their everyday lives and their right to have British citizenship, which should not be brought into question. Given our historic links with both the Republic and Northern Ireland, it is vital that we allow the Bill to proceed.

[Gavin Robinson]

I am grateful to the hon. Gentleman—my hon. Friend—for what he has said. I agree with him entirely, and I hope to draw on his point about our historic connections, which remain to this very day.

As I have said, the Republic of Ireland Government offered people in Northern Ireland the opportunity to attain Irish citizenship. Some hold that citizenship singularly, while others happily enjoy dual citizenship of both the United Kingdom and the Republic of Ireland. What was not settled at that time, however, was reciprocation in the other direction. As the House knows, our history and relationship are intertwined, and the Bill seeks to provide the final piece of that relationship jigsaw. Anyone who was born in the Republic of Ireland but lives in the United Kingdom and who satisfies the residency test should be able to avail himself of UK citizenship.

Those who say, “Sure, just apply for naturalisation in the normal way,” fail to recognise or respond to the special relationship that our nations have. From 1801 our nations were one, and the United Kingdom of Great Britain and Ireland accorded the same citizenship protections to us all. When partition occurred in 1921, the rights of those resident within the then Irish Free State to avail themselves of UK citizenship was contained through and continued within their dominion status. It was only when the Irish Republic was created and the British Nationality Act 1948 came into effect the following year that those entitlements were lost. Since 1949, that has meant that those who were born in the Republic of Ireland but since then have lived in, worked in and contributed to the United Kingdom throughout their lives are not able to attain British citizenship as their forefathers did.

As a proud Ulsterman, I remind colleagues that my Province contains nine counties, although only six of them are in the United Kingdom. While they did so before and have continued to do so since, the troubles in Northern Ireland perhaps most acutely provided a catalyst for families in Donegal, Monaghan and Cavan to move across the border to be with other relatives. Let us take, for example, my friend in the other place whom I mentioned earlier, Lord Hay of Ballyore. His lineage may best illustrate the point that I am trying to make. He was born in April 1950 in Donegal, but for the overwhelming majority of his life he has lived in Londonderry, Northern Ireland. He served on his local council from 1981, was elected to the Northern Ireland Assembly in 1998, and served as its Speaker from 2007 to 2014. That year, he was elevated to the House of Lords, and to this day he remains a peer of this realm and a legislator in our Parliament. Yet he is not a British citizen.

The question is: should anyone in that position—serving practically, materially and productively—be expected to pay a naturalisation fee of £1,580 and complete a “Life in the UK” citizenship test? The notion that he, as a legislator of this Parliament—or anyone in similar circumstances—should have to complete a “Life in the UK” citizenship test does not make sense. It would be offensive to some individuals and contrary to the spirit of reciprocation offered through the Belfast agreement in 1998. It would be blind to our history and ignorant of the legal reality.

We enjoy a common travel area already between our nations. Irish citizens moving throughout the United Kingdom are already exempt from immigration formalities. They enjoy a range of related rights to work, vote and study, and access to education and healthcare as if they were already UK citizens. I quote the former Labour MP for Thurrock and a great friend of Northern Ireland, Andrew Mackinlay, when he debated this point in this House in 2009. He said:

“we have an opportunity, which the House will probably not have again for some years, to right a wrong, provide parity of treatment for people who are Irish…and allow them to identify with their Britishness.”—[Official Report, 14 July 2009; Vol. 496, c. 220.]

Well, 15 years later, I hope we can finally right that wrong.

This is not a coercive move. Nothing in this Bill requires somebody to avail themselves of citizenship should that not be their desire. Some will conclude that, with the same rights and entitlements already, it is unnecessary. We also know through Library research that some proceed to pay the naturalisation fee and complete a “Life in the UK” test, no matter how offensive or inappropriate that may appear, but each year the number remains in single figures, or there are none at all. We also know from 2021 census figures in Northern Ireland that some 40,400 people are living in Northern Ireland who were born in the Republic of Ireland. Furthermore, we know that circa 32,000 of them were born after 1948, and therefore could avail themselves of this Bill. Some 27,000 of those people currently hold a non-UK passport, and the remainder are split evenly between those holding a UK passport and those who continue to hold none.

It will be clear from the tenor of this speech that both the Bill and my interest lie in those who live in Northern Ireland who have been disenfranchised of their citizenship from 1949 onwards. However, I appreciate from discussions with the Government that, should the Bill proceed, they believe it could be enhanced with the removal of the restrictive scope that attached to either the year of commencement or the geographical location of Northern Ireland. I confirm my willingness to assent to both aspects. I say this firmly as a Unionist: UK citizenship, in principle, should apply across the United Kingdom, and need not be satisfied solely through the lens of our Province.

The Northern Ireland Affairs Committee published a report on this issue in 2021, and it concluded:

“The Home Office must understand the historical connection between the United Kingdom and the Republic of Ireland, and the personal ties, relationships, geopolitical realities and movement of people that prevail between the two countries today… Citizenship issues will not be addressed to the satisfaction of all traditions whilst the Home Office treats Ireland and the rest of the world as an amalgam. Instead, we need bespoke, granular solutions. Abolishing the fee for Irish citizens to naturalise as British would be a start. The need to complete the ‘Life in the UK’ test seems irrelevant and offensive, and attendance at the citizenship ceremony should be optional.”

I conclude by expressing my gratitude to you, Madam Deputy Speaker, and to colleagues. Although this is only the first hurdle of many, I believe this Bill offers a great opportunity to attain a practical conclusion to a long-standing, principled and constitutionally and politically important campaign.

I commend my private Member’s Bill to the House.

--- Later in debate ---

[Gavin Robinson]

I appreciate all the contributions to the debate. Just to reflect on the private Member’s Bill ballot, not only did I sign up nine years in a row, but I signed the same number nine years in a row—322 for anyone who is interested. I greatly appreciate the support of the hon. Member for Congleton (Fiona Bruce) and, to dispel the myths of any cynics out there, I hope to be in a position to support her private Member’s Bill in a moment or so, but my support was not conditional on what she said in this debate on my Bill, because hers is similarly as principled.

I am grateful to the hon. Member for Stoke-on-Trent South (Jack Brereton) for his intervention and to the shadow Minister for his contribution. I hope he appreciated from my contribution that there was no ownership of this issue. It has been a long-standing campaign from a number of colleagues of mine and, indeed, from Members across the House, including colleagues of his.

Perceptively, the shadow Minister also raised the issue of fees, and the Minister graciously indicated that that is a discussion yet to be had, but it will come in secondary legislation should the Bill proceed. The Minister knows clearly where I shall start in that constructive discussion, and I suspect that he will not start in the same place, but hopefully we can be pragmatic. It is at least good for the Minister to know that the Opposition will be in a sensible place at the start of that discussion too, so he should bear that in mind—I say that in jest.

To the Minister, let me say that this has been a pleasure. He added further context to my reference earlier to the forbearance of officials and all those who have had to engage with me in the discussion of this Bill and the complexities around it. As I said in my contribution, what the Minister has outlined causes me no difficulty whatsoever from a Unionist perspective. I am totally content with where the Government believe this should go, but the constraints around an earlier published title meant that we have had to take a curvier route to, hopefully, the same destination.

I am grateful to have had this opportunity, and I look forward to continuing the engagement with officials. I trust that we will be able to land this, because it was only in 2009—15 years ago—that a former Labour MP said, “We need to take this opportunity now, because it may not come back for some time to come.”

[Madam Deputy Speaker]

What a good-natured and constructive debate we have had.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

British Citizenship (Northern Ireland) Bill: Instruction

Gavin Robinson Excerpts

Instruction
Tuesday 5th March 2024 Commons Chamber

[Gavin Robinson]

I thank the shadow Minister for her renewed endorsement, and I thank the Minister, in particular, not only for the way he introduced this motion, but for the courteous way in which he and his colleagues have engaged with me. The officials in his Department have been uniquely pleased to receive my telephone calls, text messages, emails, Teams calls and everything else—they have been very helpful—and the Minister, with his joyous bonhomie, has come back to me on a number of occasions about the Bill. I appreciate all that support.

I think that there is a procedural requirement that I indicate my assent to the motion. Anybody who was present for Second Reason will understand entirely not only the nature of what the Minister has outlined, but the reasons for the instruction—it all follows from narrow drafting. We are more than content with what has been outlined.

[Jim Shannon (Strangford) (DUP)]

It would be remiss of me not to put on the record my thanks to my hon. Friend for his insight. The formation of Northern Ireland left behind many who considered themselves to be British in Ireland. This Bill will right the wrong that was done to those who had a right to that identity but were held back by the ties to their homes and their local communities. Does he agree that the message sent today to those who consider themselves British in Ireland is clear: “There is a place for you, and a passport to go along with it”?

[Gavin Robinson]

My hon. Friend is quite right. In relation to the entitlement of those born in the Irish Free State to obtain British citizenship, the reason a date was introduced to the Bill in the initial stages was the creation of the Republic of Ireland in 1948. That is the reason for it, but there is absolutely no requirement for it to be there, and I agree with the Government that it is unnecessary.

It is encouraging for me as a Unionist to have an even better Unionist argument put forward by the Conservative and Unionist party to say that this should not be restricted solely to those in Northern Ireland, but should apply to anywhere in the United Kingdom. How could I oppose that proposition?

Given that my colleague and hon. Friend the Member for East Londonderry (Mr Campbell) was not here for Second Reading, it is important that I place on the record, in his presence, my appreciation for the path that he laid before me. In the 23 years that he has sat in this House representing the people of Northern Ireland, he has championed the content of the Bill and the requirement for such legislation. We are all greatly appreciative of the Government’s support, and hopefully we will be able to progress this positively and conclusively within this parliamentary term—an outcome that we relish.

I think you are coiled, Mr Deputy Speaker—poised and ready to go. I am very concerned for those people in our society who tune into the BBC Parliament channel at teatime. I am concerned that if I do not exhaust the next 45 minutes, there will be nothing for them to watch when they get home from their hard day’s toil and check in to see how we are representing them. But since you seem so keen to restore yourself to your feet, Mr Deputy Speaker, I shall conclude.

Question put and agreed to.

British Citizenship (Northern Ireland) Bill

Gavin Robinson Excerpts

Committee stage
Wednesday 17th April 2024 Public Bill Committees

[The Chair]

Before we begin, I have a few preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings of the Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to [e-mail]. My selection and grouping for today’s meeting is available online and in the room. There will be a single debate on all clauses and amendments.

Clause 1

Acquisition of British citizenship: persons born in Ireland

[Gavin Robinson (Belfast East) (DUP)]

I beg to move amendment 1, in clause 1, page 1, line 5, leave out “persons born in Ireland” and insert “Irish citizens”.

This Amendment changes the section heading of the new section 4AA inserted into the British Nationality Act 1981 by clause 1 to reflect the change made by Amendment 2.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 2, in clause 1, page 1, line 6, leave out from beginning to “is” and insert “An Irish citizen”.

This amendment means that Irish citizens who fulfil the requirements in subsection (2) of new section 4AA (changed by Amendments 3 and 4) are entitled to be registered as British citizens under new section 4AA, rather than just persons born in Ireland after 31 December 1948 who fulfil those requirements.

Amendment 3, in clause 1, page 1, line 12, leave out “Northern Ireland” and insert “the United Kingdom”.

This amendment and Amendment 4 change the residence requirements for the new route to British citizenship in the new section 4AA, so that the requirement is that the person has lived in the United Kingdom for the five years before their application, rather than in Northern Ireland.

Amendment 4, in clause 1, page 1, line 14, leave out “Northern Ireland” and insert “the United Kingdom”.

See explanatory statement to Amendment 3.

Amendment 5, in clause 1, page 2, line 13, leave out “persons born in Ireland” and insert “Irish citizens”.

This amendment is consequential on Amendment 1.

Clause stand part.

Amendment 6, in clause 2, page 2, line 21, leave out “Citizenship (Northern Ireland)” and insert “Nationality (Irish Citizens)”.

This amendment changes the short title of the bill, to reflect the change made by Amendment 2.

Clause 2 stand part.

Amendment 7, in title, line 1, leave out from “provision” to end of line 2 and insert

“for Irish citizens who have been resident in the United Kingdom for five years to be entitled to British citizenship;”.—(Gavin Robinson.)

This amendment changes the long title of the bill to reflect the changes made by Amendments 2, 3 and 4. The Committee has the power to consider these amendments, and the consequential changes to the long title, by virtue of the Instruction given to it by the House of Commons on 5 March 2024.

[Gavin Robinson]

It is a pleasure to serve under your chairmanship this morning, Mrs Harris. I thank all hon. and right hon. colleagues for taking the time to attend this Public Bill Committee. I am pleased to move amendment 1. In the course of my remarks I hope to provide context for the Bill, but I shall not regurgitate the commentary from Second Reading; it would not be in order to do so. However, I hope that it contextualises the nature of the amendments under consideration.

This Bill has a long, long past. The opportunity has arisen—and it is one that I have seized—to resolve an issue that has been long in gestation and hopefully is soon to be delivered. My colleague in the other place, Lord Hay of Ballyore, commented last year that this conundrum was first raised in this House in 1985, which was just before my first birthday. For a decade now, he has passionately been an advocate for the changes outlined in the Bill.

In doing so, Lord Hay has sought to complement and support the sustained and unparalleled efforts of my hon. Friend the Member for East Londonderry (Mr Campbell). As a Member of this House since 2001, my hon. Friend has consistently and relentlessly—and with what some might say is characteristic fervour—tabled questions, pursued debates, encouraged Ministers and expertly tilled the ground to make it so fertile today. His labour has not been in vain, and over the course of the last number of years he has collected the support of colleagues from right across the political spectrum in the House of Commons.

The essence of the Bill is this. Colleagues throughout the House will recognise that the Belfast Agreement sought to address issues of identity. Although it was accepted and acknowledged that Northern Ireland’s place in the United Kingdom was constitutionally settled, those with a competing aspiration could avail of Irish identity, and the Government of the Republic of Ireland afforded them the opportunity to obtain Irish citizenship.

In Northern Ireland, some hold citizenship singularly, while others happily enjoy dual citizenship of both the UK and the Republic of Ireland. However, what was not settled was reciprocation in the other direction. This Parliament will know the history and relationship of our intertwined relations, and this Bill seeks to provide the final piece of that relational jigsaw. In my view, anyone who is born in the Republic of Ireland but lives in the United Kingdom and satisfies the residency test should be able to avail themselves of British citizenship.

Those who say, “Sure—just apply for naturalisation in the normal way,” fail to recognise or respond to the special relationships that our nations have had. From 1801, our nations were united. The United Kingdom of Great Britain and Ireland accorded the same citizenship protections to us all. When partition occurred in 1921, the right of those resident in the Irish Free State to avail of UK citizenship was contained and delivered through their dominion status. It was only when the Irish Republic was established and the British Nationality Act 1948 came into effect in the following year that those entitlements were lost. Since 1949, that means that anyone who was born in the Republic of Ireland but lived and worked in and continued to contribute to the UK has not been able to avail themselves of British citizenship as their forefathers did.

I mentioned my colleague in the other place, Lord Hay of Ballyore, whose lineage perhaps best illustrates this point. He was born in Donegal in April 1950—some 15 months after the law changed—yet has lived for the overwhelming majority of his life in Londonderry, Northern Ireland. He served on his local council from 1981; he was elected to the Northern Ireland Assembly in 1998, and served as Speaker of that Assembly from 2007 to 2014, when he was elevated to the House of Lords. To this day, a decade later, he remains a peer of this realm and a legislator in our Parliament, yet he is not a British citizen.

The question is this: should anyone in that situation—anyone who has served our nation practically, materially and productively—be expected to pay a naturalisation fee of £1,580 and complete a Life in the UK citizenship test? The notion that they should is, to my mind, offensive, contrary to the spirit of reciprocation offered through the Belfast agreement of 1998, blind to our history and ignorant of the legal reality. We enjoy a common travel area between our nations, and Irish citizens moving throughout the United Kingdom are already exempt from immigration formalities. They enjoy a range of related rights to work, vote and study, and access education and healthcare as though they were already British citizens.

On Second Reading, I highlighted my appreciation not only for the courteous and pragmatic engagement on this issue of the Home Office Minister and his officials, but for their willingness to engage with me in a way that has brought us to this point today. The amendments before colleagues this morning were flagged as a potential on Second Reading, but were going through the process of parliamentary procedure. Though the initial drive for this legislation was to recognise those living in Northern Ireland, as I said on Second Reading and will say again today, as a Unionist, I have no principled objection to—in fact, I am delighted with—the Government’s approach that these measures should not be confined solely to Northern Ireland. There should be no restriction or import placed on geographical location.

Amendment 1 will replace a reference to “persons born in Ireland” with “Irish citizens”. Similarly, amendment 2 will ensure references to Irish citizens, as opposed to those born in Ireland. Amendments 3 and 4 will replace references to Northern Ireland with the entire United Kingdom. Amendment 5, again, will change “persons born in Ireland” to “Irish citizens”.

All amendments are within the confines of the spirit of the Bill and apply to those who are resident within the United Kingdom and satisfy legally the residency test. The Bill will apply to those who have and proudly hold their Irish heritage, who will be able to attain British citizenship throughout the United Kingdom irrespective of where they live, provided they satisfy the residency requirements. The approach will move the import of the Bill at inception beyond the confines of our 1.9 million people, and the Irish nationals who reside with us in Northern Ireland, to the entirety of the UK—a catchment of 60 million people—and the Irish nationals who live in our communities throughout the United Kingdom.

That is a hugely welcome step. It is not where I started on this journey, but, seeing the door opened so welcomingly and productively by the Home Office Minister and his officials, it is something I can rationalise as a huge step forward. We cannot predict the future, but if this is the culmination of an almost 40-year parliamentary pursuit to close the circle and formally and thoughtfully recognise the ability of Irish citizens living in our communities and as part of our country to attain United Kingdom citizenship, I think it will be a job well done.

In moving amendment 1 and having spoken to the import of the subsequent and consequential amendments, I hope that as a Public Bill Committee we can resolve that, in common with most private Members’ Bills, this Bill—although small in impact and narrow in scope—will make a huge difference for those who are a part of our country and we will be able to get, as I have said, the final piece in this jigsaw.

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to serve under your chairship, Mrs Harris. I congratulate the right hon. Member for Belfast East on his success in the ballot and on bringing the Bill as far as this stage. I am delighted that after nine years of trying in the ballot, he has finally had this positive result with lucky number 322—that may be a hint for all of us.

The issue at the heart of the debate is straightforward. This Bill is an important acknowledgment of the special relationship between our nations and a worthy follow-on from a debate that we held recently on the value and recognition of the contribution of the Irish diaspora to our life in the UK.

Following the Good Friday agreement, the Government of the Republic of Ireland offered people in Northern Ireland the opportunity to attain Irish citizenship, but what was not settled was an agreement for citizenship rights in the other direction. Questions about citizenship for Republic of Ireland nationals living in the north and wishing to become British have been left up in the air for too long—nearly 40 years, as the right hon. Gentleman said. Long-term residents of Northern Ireland from the Republic should be recognised as citizens of the UK —if that is their desire—without the need for a citizenship test and the need to prove their intention to stay in the UK. We need to streamline the process and to be welcoming to them as well.

The Opposition’s support for these amendments, which broaden the scope of the Bill, is certain. The amendments make it much more inclusive and fair. First, we support amendments making British citizenship available to Irish nationals regardless of how they became Irish and not only to those born in the Republic of Ireland. That is clearly a practical and sensible change to the Bill, and we support it.

I extend our support to amendment 2, which removes the requirement for Irish nationals to have been born after a certain date to qualify for this route to citizenship. We also support amendment 3, which alters the residence requirements for the new route to British citizenship, so that those wishing to gain citizenship can have lived in any part of the United Kingdom for five years and not only Northern Ireland. That obviously widens the scope of the Bill to constituents in all our constituencies, including those in London, from 31,000 people in Northern Ireland to about 270,000 people. This amendment addresses concerns about possible discrepancies across the United Kingdom and ensures equality, which we welcome.

We support the amendments, but we remain concerned about the Government’s implementation of this new route to citizenship. Specifically, I would like to mention the issue of fees. The Northern Ireland Affairs Committee has made previous recommendations that fees should be waived for Irish citizens seeking naturalisation in the UK. When it comes to getting an Irish passport or getting a British passport, there is an enormous difference and discrepancy. On Second Reading, the Government indicated that a dedicated route for Irish citizens would reduce the burden for applicants, creating a more straightforward route to British citizenship, which could lead to lower fees. Can the Minister confirm today whether that decision has been taken, and if not, when are we likely to know by?

It is worth pointing out that the fees for registration or naturalisation are currently in the region of £1,500, a not insignificant sum. A slight reduction is noted in the Library briefing, but that still leaves the fee as £1,431, so I ask what provision, if any, the Government intend to make for individual exemptions to the usual fees under the new system—assuming that it is introduced, which I firmly hope it is. Lastly, we are pleased to hear that the Life in the UK test will not be a requirement for the new route.

On behalf of His Majesty’s Opposition, I say in closing that the right hon. Member for Belfast East has put forward strong and persuasive arguments in support of the Bill and been tenacious in pursuing it. The Government’s support, given the passing of the amendments in front of us, will, I hope, be welcomed by Members who represent Northern Ireland’s communities in this House, and beyond. On behalf of His Majesty’s Opposition, I am happy to add my party’s support to these amendments and this Bill.

--- Later in debate ---

[Tom Pursglove]

I am not sure I could have put it better than my right hon. Friend. I find it very difficult to say no to the right hon. Member for Belfast East. He goes about his business in this House impeccably— always with good humour, always in an incredibly polite way, but also very persuasively. I think that that is as relevant to the question about fee setting as it has been to the Bill itself and the substantive change that we are bringing about. With that, I again thank right hon. and hon. Members across the House for their support for these measures and I wish the Bill a speedy passage through the remainder of its stages in this House and in the other place.

[Gavin Robinson]

It is not often that we get to speak having heard such obituaries, but to be able to do so is a great opportunity, because most people do not get to reflect on obituaries offered. I thank everyone so much for all the contributions that have been made. I greatly appreciate it. The Minister and I entered this place at the same time—I think I have a couple of years on him, and a few more grey follicles, but it is not much in age terms. This has been a very encouraging process. It shows, despite the differences that we sometimes have on the Floor of the House, in Committee sittings and so on, just how productively parliamentarians can work together when there is positive and common cause. That is not something seen very regularly in the public sphere, but I think this process encapsulates the best of what we can do.

The process of arranging a Public Bill Committee has been interesting as well. A couple of colleagues across the Committee Room here today are fellow travellers in the private Member’s Bill process. We are supporting one another, and I am very grateful for their being here.

I want to mention a number of others, including the former Secretary of State for Northern Ireland, the right hon. Member for North West Cambridgeshire. He has been a long traveller on Northern Ireland issues and has taken a keen interest in them. There is also my friend, the right hon. Member for Rayleigh and Wickford. Spartan-like, he stands up and speaks positively to this Bill.

It is hugely encouraging to have my constituency neighbour, the hon. Member for Belfast South, with us today. She is somebody who approaches constitutional politics from the opposite side from me, but we have never been opposites in a personal sense. We have always worked well for the collective good in Belfast, so I am really encouraged that she is with us today and that she is giving her support for something that I think is open and not coercive in any way; it is open for anyone to avail themselves of it should it pass.

To the shadow Minister, the hon. Member for Putney, I will make two points. I am delighted that she is here —that is not one of the points. A word to the wise: 322 was the number that I used on each of the nine occasions, so although it came up on the ninth occasion, that is not to say that it is in any way more lucky than another. I have recognised through the process of this Bill that fees will come separately, as part of a fees order. I agree entirely with the thrust of the comments that the shadow Minister has made, and I appreciate the way in which the Minister has engaged on that issue as well. He recognises the position I have adopted; I do not believe there should be a fee over and above passport fees.

There is an administrative argument as to what else should be additionally placed upon that, but I am quite comfortable with the Northern Irish Affairs Committee report and its comments and recommendations to Government. It is helpful and instructive for officials for the Opposition spokespeople to indicate their support, but I know that the Minister has never been difficult in this, and has always engaged very helpfully on it. It does not form part of this Bill, Mrs Harris, and therefore it is probably in order for you to rule me out of order for referring to it in any great detail.

I give huge thanks to all hon. and right hon. colleagues who have turned up this morning for the thoughtful way in they have engaged with this Bill, and I thank you for your chairmanship, Mrs Harris. The Clerks are often left out of the thanks, so I thank the Clerk to your immediate left. She has been hugely helpful over the last number of months, despite tenacity bordering on some sort of possessive contact about what was happening next. I also thank the officials from the Home Office, who similarly have had to bear my contact and questions. They have been hugely gracious and helpful.

Amendment 1 agreed to.

Amendments made: 2, in clause 1, page 1, line 6, leave out from beginning to “is” and insert “An Irish citizen”.

This amendment means that Irish citizens who fulfil the requirements in subsection (2) of new section 4AA (changed by Amendments 3 and 4) are entitled to be registered as British citizens under new section 4AA, rather than just persons born in Ireland after 31 December 1948 who fulfil those requirements.

Amendment 3, in clause 1, page 1, line 12, leave out “Northern Ireland” and insert “the United Kingdom”.

This amendment and Amendment 4 change the residence requirements for the new route to British citizenship in the new section 4AA, so that the requirement is that the person has lived in the United Kingdom for the five years before their application, rather than in Northern Ireland.

Amendment 4, in clause 1, page 1, line 14, leave out “Northern Ireland” and insert “the United Kingdom”.

See explanatory statement to Amendment 3.

Amendment 5, in clause 1, page 2, line 13, leave out “persons born in Ireland” and insert “Irish citizens”.—(Gavin Robinson.)

This amendment is consequential on Amendment 1.

Clause 1, as amended, ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendment made: 6, in clause 2, page 2, line 21, leave out “Citizenship (Northern Ireland)” and insert “Nationality (Irish Citizens)”.—(Gavin Robinson.)

This amendment changes the short title of the bill, to reflect the change made by Amendment 2.

Clause 2, as amended, ordered to stand part of the Bill.

Amendment made: 7, in the title, line 1, leave out from “provision” to end of line 2 and insert

“for Irish citizens who have been resident in the United Kingdom for five years to be entitled to British citizenship;”.—(Gavin Robinson.)

This amendment changes the long title of the bill to reflect the changes made by Amendments 2, 3 and 4. The Committee has the power to consider these amendments, and the consequential changes to the long title, by virtue of the Instruction given to it by the House of Commons on 5 March 2024.

Bill, as amended, to be reported.

British Nationality (Irish Citizens) Bill

Gavin Robinson Excerpts

3rd reading
Friday 26th April 2024 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

I beg to move, That the Bill be now read the Third time.

Just yesterday, I was asked by a constituent what relevance or role a Back-Bench MP has. God love that woman, Mr Deputy Speaker, because not only did she get the full precis of my contribution this afternoon, she got all the intricacies of the processes and the procedures and the hoops that we go through to make an impact —but make an impact we have. We cannot overstate the impact of such Bills—not only those that have progressed to Third Reading today, but those that I have had the privilege of hearing about and contributing to over the last number of months—or their importance to the lives of ordinary people in our country. Although there is not an awful lot of awareness of this process, or, indeed much coverage of it, I appreciate that it is there and the role that we play as Back-Bench MPs in making a difference to our country.

The British Nationality (Irish Citizens) Bill has been long in duration and in gestation. The Library was able to dig out initial references from 1985, I think, when the issue was first brought before the House of Commons. Here we are today, and I hope—if the House consents to Third Reading and we can get on to the Bill’s subsequent stages in the other place—we will have an opportunity to make a difference for the 31,000 citizens within Northern Ireland who would benefit from this. Across the United Kingdom, more than a quarter of a million citizens could take the opportunity to benefit from what I have described throughout the parliamentary process as the final piece in a long constitutional jigsaw.

To go into some of the history, just for completeness, for the last 224 years the island of Ireland and the island of Great Britain have been one. They were connected in 1800, commenced in 1801, through the Acts of Union, and the lives of our citizens have been intertwined ever since. In 1921, when the island of Ireland was partitioned, the rights of citizens across the island to attain, hold and cherish their British citizenship pertained. The Irish Free State held dominion status within the British empire and anyone born within the Irish Free State was still entitled to, and many enjoyed, British citizenship. That came to an end in 1948 with the British Nationality Act and the creation of the Irish Republic in 1949, and it was from that point that people who were born in the Irish Republic but subsequently moved to the United Kingdom—who spent the remainder of their lives living, building families and working in the United Kingdom, and from my perspective in Northern Ireland—have been unable to enjoy the same privileges that were open to our forefathers.

We often talk about the clash between identity and citizenship on these islands, but the one piece of the puzzle that has been absent since the Good Friday agreement, when individuals with an Irish identity living in Northern Ireland were free to attain Irish citizenship, is that the same has not been true for those born in the Irish Republic who live, work and enjoy being in the United Kingdom. That is the essence of this Bill.

In order to bring that alive, let us consider my colleague in the other place, Lord Hay. He was born in Donegal in 1950, 15 months after the creation of the Irish Republic, but has lived almost his entire life in Londonderry, in Northern Ireland. He has been a public servant in Northern Ireland in the United Kingdom for almost 50 years. He joined the Northern Ireland Assembly in 1988 and became its Speaker in 2007. He stepped down as Speaker in 2014 and became a legislator in this place. He is a peer of our realm, but he does not have British citizenship.

The idea that somebody like that—someone who has lived almost their entire life in our country, contributed to it through public service, worked and paid taxes here, and positively changed lives in our country—should have to apply for naturalisation, ignoring the history of the intertwined relationships between our two islands, should have to satisfy a “Life in the UK” test and prove that he can speak English, when he is sitting in our Parliament, legislating for our country, really does highlight the nonsense. Now, I will not be dragged into questioning the ability of Members from far-flung parts of our community in Northern Ireland to speak English—the Londonderry accent is not the same as the Belfast accent, but it is English none the less.

Lord Hay provides a really good, tangible example of why this situation is a nonsense. We know that anybody born within our islands benefits from the common travel area. We know that anybody who holds Irish citizenship is free to work, study and vote anywhere in the United Kingdom, and they can benefit from education and healthcare in the United Kingdom. But the final piece is citizenship. They are not the same as somebody from another country in a far-flung place, simply because of our intertwined relationships and our history.

So from 1985 the parliamentary efforts to redress this issue have continued. My hon. Friend the Member for East Londonderry (Mr Campbell) was elected to this place in 2001 and has been campaigning on this issue since 2001. Lord Hay, having joined the House of Lords in 2014, has been campaigning on it since 2014. Now we have the opportunity to put that final piece in the jigsaw.

As I have indicated, 31,000 eligible people in Northern Ireland and 260,000 eligible people across the United Kingdom could benefit. When I started the private Member’s Bill process, my focus was on assisting those in Northern Ireland, predominantly from the three counties of Ulster that are no longer in the United Kingdom, who have moved across the border. In fairness, the Conservative and Unionist Government further opened the door and said that this does not need to be constrained to Northern Ireland, and that it should apply across the United Kingdom. I have never been resistant to that, but I recognised the constraints on private Members’ Bills, so I am delighted that we were able to expand the extent of the Bill in Committee so that it applies across the United Kingdom to over a quarter of a million people, including the London Irish and many interspersed throughout our communities and constituencies. It is a great boon.

Throughout the parliamentary processes on this aspiration, we have benefited from significant cross-party support, not just from the Conservative party but from the Labour party. I am grateful that Labour has been in lockstep with us on every opportunity that I have had to raise the issue.

Andrew MacKinlay, a great friend of Northern Ireland and the former Labour Member for Thurrock, addressed this point in 2009:

“we have an opportunity, which the House will probably not have again for some years, to right a wrong, provide parity of treatment for people who are Irish…and allow them to identify with their Britishness.”—[Official Report, 14 July 2009; Vol. 496, c. 220.]

He was right. The House was unable to land the opportunity in 2009, but 15 years later we can seize this wonderful opportunity.

The Northern Ireland Affairs Committee issued a report in July 2021—HC 158—that considered all of these issues, took evidence from Lord Hay and concluded that a citizenship test for individuals who, like him, find themselves in this situation would be not only “irrelevant” but “offensive.” I am glad that the Government have taken heed of that approach.

There has been continual discussion of fees during the passage of my private Member’s Bill. There is absolutely no reason why somebody who was born in these islands and who already benefits from all the entitlements from which you and I benefit, Mr Deputy Speaker, should have to pay £1,580 to benefit from citizenship of a country to which they have contributed all their life.

The Government are well aware of my position that there should be no need for anything over and above the cost of a passport but, in fairness to them, I recognise that it is not part of this Bill. A fees order would have to be made separately and subsequently, and the Government have been very proactive on this issue and have been very open to a discussion that would consider something far short of what is required today. I am grateful for their engagement with me in that regard.

No citizenship test or “Life in the UK” test; a considerably reduced fee; and an opportunity for us, as a nation, to embrace our nearest neighbours—individuals who are part of our families and our lives, but for whom the process required of them is just a step too far. Nothing about this Bill is coercive, but it opens the door to a wonderful opportunity for us, as a nation, to recognise our nearest neighbours and bring them closer still. People have been campaigning for this for 40 years, and there have been many false dawns in Parliament. In 1998, the Belfast agreement missed the opportunity to redress the balance when Irish nationality was offered to those in Northern Ireland who were born or naturalised as UK citizens. We had the opportunity to afford the same courtesy to those on the other side of the border.

I am delighted with the way the Home Office has engaged on this issue. The Minister for Legal Migration and the Border has been a joy to engage with over the past couple of months. I am sorry that he is not here today to see the final stage. I suspect that he is sorry too, but he has a most able substitute today, the Minister for Security, who has thoughtfully engaged on these issues around Northern Ireland, Ireland and the United Kingdom for many years—someone for whom we have huge regard. So if ever there was somebody to be here on behalf of the Legal Migration Minister, I am delighted it is the Security Minister and he is able to respond on behalf of the Government.

This is a great and wonderful opportunity for the people of our islands to unify, to strengthen bonds, and to get official and national recognition of the ties that bind us together; something that does not need to have discord and has not had discord. I mentioned Labour earlier. I should have mentioned that the hon. Member for Belfast South (Claire Hanna), my constituency neighbour, was pleased to be a part of the Bill Committee. She has been totally supportive, as has the hon. Member for North Down (Stephen Farry) from the Alliance party.

If I have the leave of the House, I will probably have a few more thanks to offer, but having an opportunity in this way to progress, most substantively, a 40-year campaign is so wonderfully appreciated. I hope many across our country will benefit from it.

--- Later in debate ---

[Gavin Robinson]

As I said, Mr Deputy Speaker, this will be just a list of thank yous from me, and I thank you for your expert chairmanship. I thank the Minister for the way in which he has engaged and picked up the baton incredibly well—I appreciate it—and I thank the Minister for Legal Migration and the Border, the hon. Member for Corby (Tom Pursglove), who has been great in his engagement. I thank the shadow Minister, the hon. Member for Nottingham North (Alex Norris), for his comments.

Anne-Marie Griffiths from the Public Bill Office has been very forgiving, given that I have continually asked questions that she has probably answered on four or five occasions. I appreciate all the assistance from the Public Bill Office. The Home Office officials have been incredible in their assistance, expertise, guidance, encouragement and support, so huge thanks go to Mr Darlow and his team. I thank James in my team for keeping me on the straight and narrow.

I thank the Comptroller of His Majesty’s Household, the hon. Member for Castle Point (Rebecca Harris). I could not explain to you, Mr Deputy Speaker, the stress associated with organising private Members’ Bills Fridays, which she outlined for me, but you might ask her later on. I thank the hon. Member for Hyndburn (Sara Britcliffe) for her comments, and the hon. Member for Christchurch (Sir Christopher Chope), to whom I am grateful for remembering the Westminster Hall debate and our interactions with the Minister of State, Northern Ireland Office, the right hon. Member for Wycombe (Mr Baker).

The hon. Member for Christchurch wishes to follow my Bill with the Second Reading of his own, so with that, I shall sit down.

Question put and agreed to.

Bill accordingly read the Third time and passed.