British Nationality (Regularisation of Past Practice) Bill

Debate between Gregory Campbell and Robert Jenrick

2nd reading
Tuesday 6th June 2023 Commons Chamber

[Robert Jenrick]

I am grateful to my right hon. Friend. She has raised the case to which she referred with me to represent her constituent. As she says, being a citizen of this country is an important and special status, and nobody should be in doubt about whether that is truly legally sound. The Bill puts that beyond doubt, and I am pleased that we have been able to do this expeditiously. I am grateful for her support and, I suspect, that of Members on both sides of the House today.

During the period from 1 January 1983 to 1 October 2000, individuals lawfully exercising a free movement right in England, Scotland, Wales or Northern Ireland—for example, as workers—were considered by the Home Office to be free from immigration time restrictions. Consequently, they were treated as settled for nationality purposes and any children born to them during that period were regarded as British citizens. This interpretation was supported by Home Office policy documents and guidance.

However, as I have just referenced, recent litigation, while not directly challenging that historical approach, has exposed a legal technicality suggesting that it was not correct and that EEA nationals in exercise of a free movement right were not in fact settled, as their residence should always have been deemed subject to immigration time restrictions. This has understandably led to concerns about the citizenship status of individuals born in the UK in the relevant period to parents exercising a free movement right who had always thought themselves to be British and been treated as such by successive Governments. Given the passage of time and the volumes of people potentially affected, the House will appreciate that this uncertainty is not something that we wish to countenance.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Hopefully the Bill will proceed with support from both sides. On a directly related matter, the Minister will be aware that there are thousands of citizens across the United Kingdom, many of them in Northern Ireland, who were born a few miles across the border in the Irish Republic after 1948 but who are currently not allowed to get a British passport. Technically, even though they reside in the UK, have lived in the UK for decades, are taxpayers in the UK and vote in the UK, they cannot get a British passport without naturalising at a cost of £1,300. They have the support of the Northern Ireland Affairs Committee of this House and they have cross-community support in Northern Ireland. Once the passage of this Bill has concluded, will the Minister undertake to look again at this matter, revise it, and hopefully come forward with a proposition that will alleviate the problem?

[Robert Jenrick]

I am grateful to the hon. Gentleman. This is an issue that I am aware of and I would be happy to have a further conversation with him and to give it further thought. We want a fair system whereby British citizenship is available to all those who are naturalised and who have lived here for sustained periods, and a system that is as accessible as possible.

To continue the point I was making, legislating quickly and proactively to provide reassurance is the right thing to do. The Bill will operate by confirming in law the previous policy position. This will protect the nationality rights of people born in the UK to parents who were considered settled on the basis of exercising a free movement right and those who registered or naturalised as British citizens based on that policy. The Bill also clarifies when EEA nationals could be considered settled on the basis of exercising an equivalent right in Jersey, Guernsey or the Isle of Man, which are part of the United Kingdom for nationality purposes. It is right that this approach is adopted in those locations to ensure that no one loses out on a citizenship right to which they have a reasonable expectation of being entitled, based on published policy and operational practice.