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).