Harriett Baldwin
Main Page: Harriett Baldwin (Conservative - West Worcestershire)Department Debates - View all Harriett Baldwin's debates with the Home Office
Citizenship (Armed Forces) Bill
Harriett Baldwin Excerpts(11 years, 1 month ago)
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Jonathan Lord
I think I answered that point clearly before. I am very happy with the narrow definition of the Bill. Its aims are clear to everyone, and it would do what it says on the tin. It is welcomed by military and veterans charities, and I believe it is welcomed across the House.
Harriett Baldwin (West Worcestershire) (Con)
I hope that the Bill will make progress, but can my hon. Friend make it clear that when we are talking about an exception for someone who is not in the UK at the beginning of the five-year period after which they apply for British citizenship, the reason for them not being here would have to be that they were serving in our armed forces? Is not that the difference between the Bill and the point made by my hon. Friend the Member for Christchurch (Mr Chope)?
Jonathan Lord
My hon. Friend makes a very good point. That is absolutely the case. It is my understanding that the Government and all other parties will support the Bill, given the cross-party support for the armed forces covenant, and agree that the issue is best addressed through a private Member’s Bill. I do not know exactly what Bills on immigration and nationality the Government intend to introduce. That is a matter for the Government and as Back Benchers we will have to wait and see, but I am extremely happy and honoured to try to pilot the Bill through the House and, with cross-party support, hopefully on to the statute book.
Jonathan Lord
My hon. Friend makes an important point. It is not just the citizens of this country who owe our armed forces a great debt of gratitude, but many citizens in warzones and, occasionally, those affected in times of famine or by an earthquake. We salute all the hard work, dedication and bravery of our armed forces personnel.
It will be a great honour to have the Welsh Guards come to Pirbright, but the Pirbright facility also includes the largest initial training site in the Army, which trains all female recruits over the age of 17 and the majority of male recruits. The facilities at the centre—I have seen them myself—are superb and have benefited much from recent upgrades. There are new classrooms, an education centre, a swimming pool, a well-equipped gym, all-weather outdoor sports pitches, and medical and rehabilitation facilities. It was a pleasure to visit the Army training camp and see the wonderful work done there. Our young people, aged 17 or 18, go there as ordinary citizens and come out, only a few weeks later, as members of our armed forces, trained to a high standard. I was extremely impressed with everything that I saw and learnt there.
Indeed, unlike some of the visits that we occasionally make to places in our constituencies, my visit was organised in true military fashion. I had to report at 10:00 hours. Every five minutes of the day was marked out for my instruction and there were drivers on hand in case of inclement weather. It was really quite impressive. If the Army inculcate that sort of spit-and-polish attitude in our young people, they will come out not just as potential worthy fighters in our armed forces, but as better, more upright and more organised citizens, which bodes well for them and the future of our country.
Harriett Baldwin
This is an interesting anecdote. I am proud to have participated in the armed forces parliamentary scheme since I was elected. On visiting a base—which should perhaps remain nameless—I was given athletic clothes, including a very short pair of shorts, and asked to take the fitness test. Can my hon. Friend enlighten me as to whether he had a similar experience when he visited the base in his constituency?
Mr Speaker
Order. The personal experience of the hon. Member for West Worcestershire (Harriett Baldwin) is undoubtedly an enervating one for her and of great interest to the House, but I know that in responding to the intervention the hon. Member for Woking (Jonathan Lord) will not be tempted to dilate upon the matter, but will focus his attention on the content of the Citizenship (Armed Forces) Bill.
Jonathan Lord
It is my understanding that all those serving in the armed forces will come under the aegis of the Bill, but they will have to be members of the armed forces; it will not cover a local cook or a local cleaner supporting a barracks.
Harriett Baldwin
Will my hon. Friend clarify whether the Bill will cover members of the Army Reserve?
Jonathan Lord
My understanding is that it would cover such people, but I look to the Minister to give us a little more clarification on that point. The key thing is that a person will have to be serving in our armed forces to be covered. It is my understanding that Army reservists are very much a part of our armed forces. I have to say, however, that we would be unlikely to find foreign or Commonwealth citizens serving in our reserve forces. They tend to join the full armed forces, rather than the reserves. It is a full-time vocation and a full-time job, and we want to recognise their hard work and dedication.
Harriett Baldwin
Will my hon. Friend clarify the territorial extent of the legislation, which the Bill refers to as England and Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man and—there is a list of these—the British overseas territories? Is it the intention that those are the places where the applicant might want to settle and naturalise—I assume that they are not the places where the applicant might have to be serving in the armed forces? What does he mean by the territorial extent of the Bill?
Jonathan Lord
I am grateful to my hon. Friend for raising that query. I can confirm that those are the places where the person might wish to naturalise. The service overseas can be anywhere on the planet—and beyond, were we ever to get involved in star wars.
Jonathan Lord
I feel sure that that will indeed be the case.
The Bill will also cover members and former members of Her Majesty’s forces who subsequently have been discharged and/or have returned to the UK.
Harriett Baldwin
If my hon. Friend will forgive me for returning to the issue I raised earlier on the British overseas territories, there is a special case, to which my hon. Friend the Member for Christchurch (Mr Chope) has referred, for the sovereign bases at Akrotiri and Dhekelia, which are classified as British dependent territories but are not counted as qualifying territories for nationality purposes. Will those two sovereign bases be included in the territorial extent of the legislation?
Jonathan Lord
I am happy to tell my hon. Friend that they would indeed be included, and I am grateful to her for raising that point.
It cannot be fair that a regular civilian or a solider who has been based in the UK can successfully apply for residency but a soldier who was serving in Afghanistan, or a member of the Royal Air Force or the Royal Navy who was posted overseas five years before his or her application, cannot successfully apply for residency. Every day that members of the services have spent abroad should have the same value in the eyes of the immigration authorities as a day spent in the UK.
Sir Edward Leigh
On Friday mornings, Members of Parliament naturally have many other things to do in their constituencies and we therefore all accept that the Chamber is not swarming with Members, but there are many people outside watching this debate on television, including many in the armed forces, and they will see this as totemic and they will be looking at Members of Parliament doing their best to try to get rid of the little irritants of service life one by one. I therefore think what we are doing today is important and should not be underestimated.
I was in the House during the passage of the 1981 Act, but I do not have any close recollection of its passage; after all, there have been so many Acts of Parliament over the years. Clearly, however, something went wrong with it in respect of the issue we are addressing. It specifies certain residence requirements for naturalisation for British citizenship. It states that one requirement is that the applicant
“was in the United Kingdom at the beginning of the period of five years ending with the date of the application”.
That would seem to be entirely sensible.
Can the Minister also explain the thinking behind other requirements? My hon. Friend the Member for Christchurch (Mr Chope) mentioned one of his constituents who was married to an English person and has been disadvantaged by this Act. It is not only service personnel who are disadvantaged. Will the Minister take this opportunity to explain the thinking behind this provision and others?
The Act also specifies the number of days the applicant is allowed to be absent during the five-year qualifying period. The Act gives the Secretary of State the power to waive some of the residence requirements if there are “special circumstances”, however. This discretion is applied in applications involving non-British members of the armed forces. Time spent serving in the UK or overseas can count towards the qualifying residence period. However, it does not permit the Secretary of State to waive the requirement to be physically present in the UK on the first day of the qualifying period ending with the date of the application. One must assume that, contrary to what my hon. Friend the Member for Central Devon said, there was some rationale behind that. Given that the Secretary of State appears to have quite wide discretion, I am interested to know why no discretion was given in this particular case.
Harriett Baldwin
As my hon. Friend was in the House when the 1981 Act was passed, can he remember the territorial extent of that legislation? I ask that because I am a little confused as the territorial extent covered under the Bill includes the British overseas territories, which would potentially mean someone living in the overseas territories could apply for UK citizenship from their location.
Sir Edward Leigh
You, Mr Speaker, must have immediately spotted this: I am sorry, but I misspoke as my hon. Friend the Member for Christchurch and I only arrived in the House in 1983. We have been here so long, and sometimes old men forget. We are not responsible for this Act, therefore, so that question will have to go to the Minister, and I am very happy to pass it on to him.
Sir Edward Leigh
As is often the case, my hon. Friend makes an intervention that just needs to be answered; we do need to reassure people. We value tremendously the men and women who are not UK citizens but who serve in our armed forces, with the Gurkhas being the most famous case, but he is making a fair point. I hope that the Minister will reassure my hon. Friend, me and those watching this debate that nothing in the Bill encompasses an attitude of, “It is difficult to recruit here in the UK and therefore the proportion of non-UK citizens serving in our armed forces is going to have to rise.” I suspect that my constituents would not necessarily welcome such a position. That is not to make any criticism of those serving or to disagree in any way, shape or form about the huge sacrifices made in the past century—mention has been made of the first world war—but I know that the Minister will understand the point being made in that intervention and will want to reply to it.
Let us leave aside those wider worries about the level of recruitment in the armed forces and the wider debate about concerns about the level of immigration into this country. The year ending June 2013 did see a 14% rise in the number of non-British persons granted citizenship compared with the same period for the previous year.
Harriett Baldwin
Does my hon. Friend think it would be appropriate, when targeting net migration to this country, for the Government to make it clear how many of those who do come here are former members of our armed forces?
Sir Edward Leigh
That is a good point, and I think I may end on it, as it allows me to sum up what I have been trying to say. There is concern about immigration into this country, but I am sure that the Minister can reassure us that the numbers we are talking about in this Bill are very small. Not only that, but the people involved have served our country and they are at a unique disadvantage. This modest but correct Bill will deal with that disadvantage, so I join my hon. Friend the Member for Woking in commending it to the House.
Harriett Baldwin (West Worcestershire) (Con)
I, too, congratulate my hon. Friend the Member for Woking (Jonathan Lord) on introducing this excellent private Member’s Bill. I am delighted to be here to speak in support of it, just as he was kind enough to be here to support my private Member’s Bill. The Minister, who is my neighbour, as he represents Forest of Dean, was also in the Chamber that day. Since then, he has been promoted to his current role, so I hope that the fact he is sitting on the Front Bench today augurs well for the Bill.
The Bill is an extremely worthwhile piece of legislation, but, as we were just hearing from my hon. Friend the Member for Gainsborough (Sir Edward Leigh), it is incredibly important that we scrutinise these pieces of legislation in great detail. Although the Bill appears short, containing few clauses, my scrutiny of it has found that it raises many questions in this important area, on which I seek the Minister’s clarification. I wish to ask him about the time an individual is required to spend, and where they are required to spend it, before the process of naturalisation can begin. I want to explore the Secretary of State’s discretion in these matters, which is clearly outlined in the Bill, and to ask the Minister further questions about the territorial extent clause. I also want to clarify whether the naturalisation provisions added to our general citizenship legislation since the 1981 Act—specifically the requirement to pass a citizenship test and how the test has been changed—would continue to apply in this case. Given that this is a Second Reading debate, I hope that you will regard all those areas of questioning as in order, Mr Speaker.
As I understand it, the provisions on timing relate only to the starting point of the application for naturalisation. As things stand at the moment, the individual making the application needs to be in the United Kingdom at the point at which the clock starts ticking for the five-year period. I would like that clarified.
I also want clarification on the territorial extent of the Bill. My interpretation is that clause 2(3) would extend the Bill to England and Wales, Scotland and Northern Ireland, which all seems very logical, but also to the Channel Islands, the Isle of Man and the British overseas territories. It is on the British overseas territories that my questions begin to multiply. It is worth putting it in Hansard that they are Anguilla, Bermuda, the British Antarctic Territory, the British Indian Ocean Territory, the Cayman Islands, the Falkland Islands and its dependencies, Gibraltar of course, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena and its dependencies, the sovereign base areas of Akrotiri and Dhekelia, the Turks and Caicos Islands, and the British Virgin Islands.
Guy Opperman
On the 300th anniversary of the treaty of Utrecht, my hon. Friend has mentioned Gibraltar. She may recall that it was taken under British command, but with the aid of Dutch and Austrian troops.
Harriett Baldwin
The question is whether those troops settled in Gibraltar and what the rules were for their naturalisation as British citizens prior to 1981. I can honestly say that I do not have the faintest clue, but that is an interesting historical point.
I was evacuated to the British sovereign base of Dhekelia as a child when, as a British citizen, I was growing up in Cyprus. We were living in Nicosia at the time, and we were often under threat of invasion by Turkish forces. I remember being evacuated to Dhekelia, and feeling incredibly safe and secure there, on British sovereign territory. My father, however, had to remain behind in Nicosia to do his job. He put a Union flag on the roof of our house, and we sincerely hoped that the Turkish air force would be able to spot it from the air should it decide to bomb Nicosia. However, I digress, Mr Speaker.
I am trying to find out how my hypothetical examples would be affected by the Bill. My hon. Friend the Member for Woking told us that the provision would probably apply to a citizen of Fiji. Let us imagine that that citizen of Fiji joins Her Majesty’s armed forces, does exemplary service and decides—I do not know what the residence requirements would be—that he or she wants to remain in the British Indian Ocean Territory. Does the territorial extent of the Bill mean that the first date of the five-year period includes residence in one of the territories I have listed? That is my interpretation.
In relation to the questions asked by my hon. Friend the Member for Gainsborough, a situation might arise in which, as we heard, a Jamaican citizen who joined our armed forces abroad and served with great courage with them in other parts of the world decides to settle in Gibraltar, or perhaps closer to Jamaica, in the Cayman Islands. From there, could that person apply for naturalisation as a British citizen, without ever having resided in what we might more naturally think of as the United Kingdom? I particularly want clarification on that point. I understand that the 1981 Act requires people to spend five years resident in the UK, but does the territorial extent in the Bill define the UK more widely? I look forward to hearing from the Minister about that.
The first residence requirement in the 1981 Act is that applicants must have been resident in the UK for at least five years, and I am again interested in the Minister clarifying the territorial extent of the United Kingdom in that regard. The second requirement is that they must have been present in the United Kingdom five years before the date of application, which is the provision that we are tackling; the third is that they are free of immigration time restrictions on the date of application; and the fourth is that they are free of immigration restrictions for a period of 12 months before making the application. Will that remain in force when the Bill is passed?
The fifth requirement is that the applicants have not spent more than 450 days outside the United Kingdom during the five-year period. I understand that that is covered by the Secretary of State’s discretion with regards to serving members of the armed forces. The sixth is that they have not spent more than 90 days outside the United Kingdom in the last 12 months of the five-year period. The final requirement is that they have not been in breach of the immigration rules at any stage during the five-year period. Can the Minister confirm that all those aspects of the residency requirements in the 1981 Act will continue to apply, and that the Bill will change only one particular area?
Since the 1981 Act, there has been one major modification to what it takes for someone to be naturalised as a citizen of the United Kingdom. I refer, of course, to the UK citizenship test. I do not know whether you have ever had the chance to see whether you can pass it, Mr Speaker, but in preparation for this debate, I thought that I would see whether I could do so. I looked at some sample tests, and I regret to inform the House that in the first sample test I failed to reach the necessary 75% required to pass.
Let me give some examples of questions that I did not answer successfully. I will not put you on the spot, Mr Speaker, although I know you are an encyclopaedically knowledgeable man. The following question stumped me: in which year did married women get the right to divorce their husband? To help the applicant there are four possible answers, and I am happy to take an intervention from anyone who can answer the question correctly. The options are 1837, 1857, 1875 or 1882. I do not know the correct answer, but I know I got it wrong. I am glad to say that I did know that it is not the Prime Minister who calls a by-election and that we have two Chambers in our national Parliament, so I sailed through some of the questions.
Here is another question that I failed miserably to pass: what is the number of children and young people up to the age of 19 in the UK? Again, Mr Speaker, I will help you out, but I will not put you on the spot. I will take interventions from colleagues who know the answer. The four possible answers are 13 million, 14 million, 15 million and 16 million. I failed on that one and I can see that the House has also failed on that measure of citizenship. I was getting rather depressed with my results from the test until I discovered a crucial fact. I compliment my hon. Friend the Minister on any involvement that he may have had in this crucial fact, which is that this Government have now introduced a much more sensible citizenship test. Those examples were taken from the citizenship test that can only be described as a new Labour fantasy about the level of knowledge that we would all have about our country.
I will not go on with further examples of questions that I failed—
Jonathan Lord
I am grateful to my hon. Friend for her support for the Bill. I was pleased to support her in her private Member’s endeavours and it is nice to have that compliment returned. I hope the new citizenship test is much more about our democracy, our history, the rule of law, Magna Carta and so on, rather than how to claim benefits or some of the more esoteric questions that she has just cited.
Mr Speaker
Order. May I say to the hon. Lady that whatever the insatiable appetite that might or might not exist among colleagues for examples of taxing questions in citizenship tests, it is important to retain the focus on the Bill? I fear that dilating on what she regards as the flaws in an earlier citizenship test takes us some distance from that narrow focus, to which I know she will now return with enthusiasm and accuracy.
Harriett Baldwin
The enthusiasm and the accuracy with which I welcome the Bill are such that I want to hear confirmation from the Minister that any serving member of our armed forces who has settled in any of the territories described in the Bill will still have to go through all the aspects of acquisition of citizenship outlined in the 1981 Act, as well as the additional step—the citizenship test brought in since that time.
Jonathan Lord
Does my hon. Friend think that battles that were important to our nation’s past and influenced us over many centuries would be an obvious topic for questions, and ones that our armed services personnel ought to be able to answer? That great history and tradition may be one reason they joined up in the first place.
Harriett Baldwin
My hon. Friend gives an excellent example of why he is so well placed to introduce the Bill. It demonstrates that he understands all the things that we as British citizens consider appropriate ways in which to demonstrate that we understand what it means to be British. If Mr Speaker will bear with me one moment, I shall give an example of the sort of question that used to be in the test, which I do not think was appropriate: how many days in any given year must a school legally be required to be open? Suggested answers are 150 days, 170 days, 190 days and 200 days. Again, I will take interventions from any colleagues who feel confident that they know the answer to that question.
My hon. Friend is right. In bestowing on people the highest gift of citizenship that anyone can have bestowed upon them, which is British citizenship, we want successful individuals to be able to demonstrate that they understand the quintessence of what it means to be British.
Sir Edward Leigh
This is all rather absurd. Can one imagine such a situation when the Emperor Claudius allowed Roman legionnaires to become Roman citizens? There they were, spending five years fighting barbarians on the German frontier, and then they would be required to come back and answer questions about how many days there were in the qualification to become a tribune. All those obscure questions about the constitution are ridiculous. If someone has served their country for five years, surely that is qualification enough, without having to answer absurd questions.
Harriett Baldwin
Perhaps I am about to introduce a note of dissent into our discussions this morning. I think that when we bestow on people that highest honour of citizenship, British citizenship, we expect those who are so proud to take on our citizenship to understand aspects of our history and culture, and to understand the long and distinguished history of our armed forces, for example. That is why I welcome the fact that the citizenship test that this Government have introduced covers much more of the history, the culture and the spirit of democracy that we have in this country, rather than esoteric questions such as from which two places one can obtain advice if one has a problem at work. The possible answers are the national Advisory, Conciliation and Arbitration Service—
Mr Speaker
Order. I think that the point that the test that the Government envisage is in the hon. Lady’s mind preferable to earlier incarnations of it has now been very fully made. What is not legitimate is for the hon. Lady, while feigning politeness towards the Chair and acknowledgement of the instructions issued from it, then to proceed to do again precisely what I have indicated to her she should no longer persist in doing. I know that she is so intellectually dextrous that she will now transfer to the present, and we will look forward to the racy and intoxicating character of the remainder of her speech.
Harriett Baldwin
Mr Speaker, I shall have that speech of yours printed and engraved. It is so eloquent that I can only—
Guy Opperman
May I draw my hon. Friend back to the Bill? Surely the point is that this country, whose virtues she is extolling, has a long history of support by overseas troops and forces to win key battles. Waterloo would not have been won without the Prussians, Wellington famously crying, “Where is Blucher?” I presume General Blucher could have applied, were he willing to change from Prussian to British, to become a British citizen.
Harriett Baldwin
My understanding is that he would have had to have been resident in the territories outlined in the Bill for a considerable period of time before applying.
I will bring to a conclusion this line of discussion, but I am pleased to report to the House—you will forgive me, Mr Speaker—that I was able to get 100% on the new citizenship test. I expect that all the people who go through the process will, as a result of these changes, be able to demonstrate not just the narrow technical points that we define on a page in legislation, such as the number of days, but the wider cultural and historical aspects of what it means to be a British citizen.
My next line of questions for the Minister relates to the Secretary of State’s discretion, which I understand is a crucial part of the legislation. That discretion is vital because someone serving in our armed forces might get into trouble with the law, either civilian or military, and might—I am sure that the numbers are very low—have to go through the ignominy of a dishonourable discharge. If a member of the armed forces has been dishonourably discharged, would that almost invariably mean that they would not meet the new criteria for applying for naturalisation? Perhaps the Minister will confirm that from the Dispatch Box.
That former member of the armed forces might have lived a blameless life for many years since, their dishonourable discharge having been some time in the past, so to what extent will the Secretary of State’s discretion be used in that example? Would it be the case that, however much time had elapsed and however honourable the person’s life had been since, the fact that they had been dishonourably discharged would be sufficient to count against their application for naturalisation?
Will the Minister, when he responds, clarify exactly how the Secretary of State’s discretion might be used in other situations? What other aspects of that discretion might be required? For example, if the person had had a magnificent period of service, left the armed forces, lived in one of the overseas dependencies I listed earlier and was then perhaps convicted of rape or murder, would that be something the Secretary of State would see automatically as a red line? My understanding is that it would, because being of good character is a requirement.
The other area of discretion I would like clarified relates to the requirement to be able to communicate to an acceptable degree in English, Welsh or Scottish Gaelic. Someone might have exemplary military service and fulfil all the conditions, and they might be one of the people who will be helped by the Bill, because at the beginning of their process of naturalisation they were on active service overseas, but perhaps their command of English, Welsh or Scottish Gaelic is not quite at an acceptable level. To what extent will the Secretary of State be able to use his or her discretion in those circumstances? It is a question of how discretion will be used to define good character. Similarly, how will discretion be used to define the ability to communicate in English, Welsh or Scottish Gaelic?
Jonathan Lord
I am not sure how many Fijians in our armed forces are fluent in Scottish Gaelic, but I suspect not many. Does my hon. Friend think that that would be a handicap to our foreign armed services personnel who come to this country and try to acclimatise to our customs, language and communications?
Harriett Baldwin
I am proud to say that my grandmother spoke Scottish Gaelic fluently.
Harriett Baldwin
No. As a girl, I learned to say, “An t-Eilean Muileach, an t-eilean àghmhor”, which means, “The Isle of Mull is of all isles the fairest”, because my grandmother’s heritage was from the Isle of Mull. However, I think that the discretion will probably be more concerned with the command of English.
Will the Secretary of State’s discretion be needed—perhaps the Minister will clarify this—in relation to the characteristics of being of sound mind? That is an extremely important point, because sadly people who have served in our armed forces can suffer from post-traumatic stress disorder. The Secretary of State might feel that it was appropriate to use discretion in relation to soundness of mind on compassionate grounds, perhaps for someone who has given great service to our armed forces and been helped by the Bill because they were not in the United Kingdom at the beginning of the five-year period because they were serving Her Majesty in our armed forces and might be suffering as a direct result of that active service. To what extent could the discretion be used in schedule 1 to the 1981 Act in relation to the applicant’s soundness of mind? We as a society are making enormous progress on tackling the stigma associated with mental illness. Indeed, the stigma that attaches to a Member of Parliament in relation to their mental capacity is something that this House has discussed at length during this Parliament. I want to see a great deal of progress on this in our society so that we accept that one of the consequences of time served in our armed forces may be post-traumatic stress that requires the Secretary of State to be more understanding in his or her use of discretion as regards this aspect of schedule 1.
Those are some of the questions that I look forward to hearing the Minister deal with. I join the whole House in commending my hon. Friend the Member for Woking for having introduced a really exemplary piece of private Members’ legislation. He has identified an issue, worked with the armed forces charities on how we can resolve it for members of our armed forces who are on active service when they want to start their application for citizenship, and realised that the most expeditious way to do so is to introduce this Bill. I look forward to voting for its Second Reading.
Diana Johnson (Kingston upon Hull North) (Lab)
I congratulate the hon. Member for Woking (Jonathan Lord) on bringing this important issue before us today and on setting out so eloquently the aims of his private Member’s Bill. Let me say right from the start that the Opposition support its aims, so the hon. Gentleman has the cross-party support that he was looking for.
If you will allow me to digress slightly, Madam Deputy Speaker, I was intrigued by the question of the hon. Member for West Worcestershire (Harriett Baldwin) who asked when women were allowed to divorce their husbands for the first time. I found out that it was in 1858 and that the first woman to do so was Caroline Norton, who was apparently married to a hard-line Tory MP. She felt she needed to divorce that man, which was the driving force behind the marriage and divorce legislation that came into force in 1858.
Harriett Baldwin
I am delighted that the hon. Lady is alone in the Chamber in being able to answer that question successfully, but did she have to use Google to find out?
Diana Johnson
I will admit that I did.
To return to the subject of the Bill, I want to pay tribute to our armed forces for the difficult job they do on our behalf. The Labour party campaigned for the armed forces covenant to be properly enshrined in law—the Armed Forces Act 2011. The core principles of the covenant state that no one across the armed forces community should face disadvantage for their decision to serve in the forces. The covenant also states that where appropriate and necessary, the Government look at special treatment to prevent disadvantage for the forces.
I had a little sympathy with the question that the hon. Member for Christchurch (Mr Chope) asked about why this private Member’s Bill is before us today, and why its provisions are not going to be in the immigration Bill on which the Minister for Immigration is currently working. Unlike this private Member’s Bill, the Government’s immigration Bill would provide an opportunity for Members to table amendments on other categories of people who deserve special consideration, to which reference has been made today. Will the Minister comment on that?
This Bill implements a commitment that the Government made in the armed forces covenant in 2011 that new legislation would be introduced to enable foreign and Commonwealth service personnel to be exempted from the requirement to be in the UK at the start of the residential period for naturalisation as a British citizen, if in service on that date. As I have said, the Opposition support the Bill’s aims, but, like the hon. Member for Gainsborough (Sir Edward Leigh), I want to ask a number of questions about how the Bill would work in practice.
We heard that 9,000 servicemen and women will potentially be eligible for settlement under the Bill. Will the Minister confirm that that is the correct figure? We also heard that about 200 service personnel might want to take advantage of the change in the law. Will the Minister confirm that that is an accurate estimate? Has the Home Office been able to ascertain the number who would want to take advantage of the change? Will he also comment on the knock-on effect for dependants of armed forces personnel? How many additional people will follow from any claim that is made?
Have the hon. Member for Woking and the Minister given any thought to guidelines that would need to be brought forward to flesh out how the Bill would operate? For instance, will there be a minimum period that members of the armed forces will have to serve to have that counted towards the five years? Will there be a time limit within which such a person could apply to settle? On the retrospective nature of the Bill, we look forward to hearing from the Minister whether there is potential for people who have served previously in the armed forces to use the new provision.
On the issue of reservists that was raised by the hon. Member for West Worcestershire (Harriett Baldwin), the debate did not make it clear whether people who do not have the right to remain here in the first place are able to join up as reservists. Will the Minister clarify that?
What will happen if a person is injured in service? How will that affect their ability to take advantage of the new provision if, for instance, they could not complete a tour of service and left the armed forces early? I have an example of a soldier from Ghana who arrived in June 2009 on a visitor visa. He joined the armed forces in September 2010. At that point he became exempt from the timings of the visitor visa, but unfortunately he was medically discharged in August 2012 owing to injuries contracted as a result of a military exercise. After leaving the forces, he was unable to work or to claim benefits because he had not completed his infantry training, which was a stipulation of his visa. He was then detained, and removal directions were set in June 2013. I understand that military personnel who have not served in the forces for at least four years are not normally eligible for settlement in the United Kingdom. This soldier applied for a concession because of his circumstances, but his application was rejected.
That is a specific example, but what would happen if other people serving in the armed forces found themselves in a similar position? I know that the Secretary of State has discretion, but would the guidance suggest a presumption that the full length of military service be taken into account, rather than if it is cut short by injury? I should also like to know whether there will be an appeal process. Again, I know that the Secretary of State has discretion, but is there any possibility of a review of the use of that discretion, or would there have to be a judicial review, as often happens in the case of a discretionary measure?
Is any preferential treatment given to Commonwealth citizens because of our long-standing arrangements with the Commonwealth? Do they have a better chance of obtaining settlement than someone from a country outside the Commonwealth? If that is the case, are citizens of countries that are currently suspended from the Commonwealth at a disadvantage?
It has been a pleasure to listen to the contributions to the debate. I think we all recognise the valuable part that the armed forces play in our society.
Mr Harper
My hon. Friend appears to be working seamlessly in tandem with me, because if I turn over the page of my brief, I can see that I was about to refer to the 2009 Act. His general point is good. I am not someone who wants to legislate when provisions already exist in primary legislation. In general, more legislation does not necessarily make the world better. He has a formidable reputation for ensuring that all provisions brought before the House are properly scrutinised and challenged to make sure that they are necessary.
The reason we were not able to make the provision is that there was a provision in the 2009 Act to which my hon. Friend refers. However, it was all bound up with the earned citizenship measures that the previous Government wanted to introduce, and it is not possible, I am advised by lawyers, to implement the armed forces provisions independently of the earned citizenship measures because they contain references to the provisions that are not being implemented. That is why it was necessary to implement the provisions separately.
We announced in July 2010 that we would not be proceeding with the earned citizenship provisions in the Borders, Citizenship and Immigration Act 2009, because we felt that the previous Government’s provisions under those regimes were considerably more complicated and bureaucratic than the current arrangements and would have imposed unwelcome administrative and bureaucratic costs on both central and local government and voluntary sector partners. Both parties represented in the coalition Government voiced concerns about those measures during their parliamentary passage.
So although there are measures on the statute book, they are bound up with measures that we do not wish to commence, and they cannot be commenced separately. I think I can give my hon. Friend the Member for Christchurch the reassurance that he seeks, which is that this provision is necessary. There is not a current provision on the statute book that could be commenced by itself which would enable us to achieve the aim. Although I know that he is normally and rightly sceptical of legislating, I can assure him, given that he and others have welcomed the purpose of the Bill, that it is necessary to do so in the Bill. There is no existing provision on the statute book that we could use. I hope he will find that reassuring.
My hon. Friend the Member for West Worcestershire referred to the British overseas territories. I will not repeat the list that she read out, but she may be interested in one fact. She mentioned the Cayman Islands. It may interest the House to know that as of 6 September the Cayman Islands has a new governor, Helen Kilpatrick. The only reason why I mention that is that until she was governor of the Cayman Islands, she was the director general of finance and corporate services at the Home Office and is now resplendent, having been appointed by Her Majesty the Queen from 6 September, as governor of the Cayman Islands. It is not relevant to the Bill, but as I am a Minister in the Home Office and worked closely with Helen Kilpatrick, and as my hon. Friend mentioned the Cayman Islands, I thought there was sufficient reason to mention it in the House. But I digress only briefly.
My hon. Friend spoke about the British overseas territories and whether somebody living in an overseas territory could naturalise under the provisions of the Bill. I mentioned in response to the question from my hon. Friend the Member for Gainsborough in my list of conditions that normally the person is supposed to want to settle and live in the United Kingdom, so if someone was settling in an overseas territory, they would not normally be able to naturalise under section 6(1) of the British Nationality Act because they would not meet the requirement of intending to make their principal home in the United Kingdom. They could qualify if they were intending to continue in Crown service. For example, if they still worked for the Crown and were based overseas in an overseas territory, that would apply.
The appropriate route for somebody in that circumstance—a former member of the armed forces settled in an overseas territory—would be for them to apply for British overseas territory citizenship. They would then need to meet the requirements on the knowledge and good character test.
Harriett Baldwin
I thank the Minister for giving way and for beginning to answer some of the questions that I raised about the territorial extent of the Bill. Does he have any plans to amend the territorial extent of the Bill in Committee, in the light of the fact that there seems to be some ambiguity about whether someone may reside in one of those other territories at the point at which they apply for British citizenship?
Mr Harper
The question is not so much where the person physically is when they apply, but what their intentions are. One of the requirements in the Act, as I read out, is that somebody is supposed to intend to continue to live in the United Kingdom. They are supposed to have residence in the United Kingdom or continue in Crown service. If they intend to continue to live in the overseas territory, they ought to apply for British overseas territory citizenship, rather than British citizenship, as in the Bill.
Harriett Baldwin
I know that I am being obtuse, but I do not understand what the purpose is, then, of having all the overseas and dependent territories in the territorial extent of the Bill.
Mr Harper
I would never accuse my hon. Friend of being obtuse. She and I had a great exchange on her previous private Member’s Bill, as she mentioned, when I occupied a different ministerial role. Of course, it is not just the overseas territories, because the Bill states that the Act will extend to England and Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man and the British overseas territories.
On my hon. Friend’s specific question about why it is necessary to refer to the overseas territories, I will reflect on that and, I hope, come back to it at the end of my remarks. Her specific point was about where someone resides. If someone intended to live in an overseas territory, they would be applying for British overseas territory citizenship, rather than what we have been discussing today.
My hon. Friend also mentioned the requirement to have a sufficient level of English and asked whether that requirement can be waived. The Secretary of State can waive the knowledge-of-life and language requirements for citizenship only in very limited circumstances, which are set out. That means someone who is under 18 or over 65 or someone with a specific physical or mental condition that prevents them from being able to fulfil the requirement. My view is that someone who has served for five years in our armed forces will have no problem with being able to speak English. I do not think that it is unreasonable to expect them to do so.
Harriett Baldwin
What I am really trying to clarify is that language acquisition takes place in a specific part of the brain, in the cerebral cortex, that can be damaged later in life, perhaps as the result of a stroke, so someone might have had a good command of English during their period of service but lost that later. Would the Secretary of State have the discretion to waive the requirement in those circumstances?
Mr Harper
The Secretary of State has the ability to waive the requirement if someone’s physical or mental condition is such that they cannot meet it. That would of course mean somebody who has had the particular medical circumstances my hon. Friend raises, and it would of course cover a former member of the armed forces who had suffered an injury in service that had damaged their ability to communicate. The Secretary of State will have the ability to waive that requirement in those circumstances. Assuming that someone does not suffer from that sort of disability, we would expect them to be able to speak English, and I do not think that would be a problem for someone who had served in our armed forces for a period.
My hon. Friends the Members for West Worcestershire and for Gainsborough referred to the extent to which applying for naturalisation was automatic. It is not automatic; it is something that is considered. There are requirements to be met. Some of them are tick-box requirements, such as how long they have resided, but some are more judgment-related, such as those about good character. For those, the Secretary of State has to apply a considerable amount of judgment.
My hon. Friend the Member for West Worcestershire referred to the new citizenship test that we have introduced, which is much more focused on understanding Britain, our history and culture and, in particular, our democratic values and institutions. I will probably make her blush, but she mentioned that she scored 100% in the test, and the pass mark is 75%, so she is well up there. She referred to how the statistics might have changed. I do not have the precise figures, but the pass rate under the old test was around 75%. It was getting higher as the tests became older and the question bank became out of date and the number of questions reduced. Now that we have introduced the new test, the pass rate has fallen a little, down to about 60%, so it is still quite a challenge. But citizenship is something that people should have to work for. She brandished a book earlier, and all the information required for the test is available. We do not expect people to know it all without putting some study in, but the information is all available.
Harriett Baldwin
Is the Minister saying that although the pass mark for both tests has remained at 75%, about 75% of people got through on the previous version of the test but the more recent data suggest that the pass rate has dropped to between 60% and 65%?
Mr Harper
My hon. Friend is spot on.
I have now been inspired so let me answer my hon. Friend’s question about the territorial extent of the Bill. Because the Bill amends the British Nationality Act, we were keen to make the territorial extent the same. Because the BNA has provisions dealing with British overseas citizenship, it extends to the British overseas territories. If the extent of the amending Act were different, that could cause confusion and doubt in a case in which the overseas territories were involved. The amending Act therefore needs to have the same territorial extent as the Act that we are amending.
Harriett Baldwin
I thank the Minister for his excellent explanation. It answers the question I asked my hon. Friend the Member for Gainsborough (Sir Edward Leigh) about the territorial extent of the 1981 Act. However, it remains for me to ask the Minister whether, because this is a separate piece of legislation, it could have a narrower territorial extent in order to address some of the points I raised about the possibility that someone could not even live in the UK and still acquire British citizenship.
Mr Harper
I heard my hon. Friend ask that question of my hon. Friend the Member for Gainsborough and I think that he disabused us of our expectation that he was supposed to have followed all the detail when he reminded us that he was not in the House in 1981 when the Act was passed. Whether the original oversight was, to use his phrase, cock-up or conspiracy, I know not. I was only 11 when the Bill went through the House. I fear that I did not follow parliamentary proceedings very closely when I was 11—perhaps that is a terrible admission—and so I did not follow its passage very closely either. I suspect that he is right and it was more cock-up than conspiracy.
When I was setting out the details on family circumstances, my hon. Friend the Member for Gainsborough asked whether, to use his phrase, the clock was ticking. Family members of armed forces personnel are not exempt from immigration control, but, provided they have appropriate leave under the immigration rules, the time they spend with their armed forces sponsor, either in the UK or when they are on accompanied service, is time they can count towards naturalisation. They need to meet the residency requirements, but, as for service personnel, the Secretary of State has the discretion to waive and overlook those requirements if the absence from the UK was as a result of accompanying a person on service overseas. I hope that that is helpful and answers my hon. Friend. He is nodding, which suggests that that is the case.
The hon. Member for Kingston upon Hull North asked about medical discharge. For settlement applications, the requirement for four years’ service can be waived if an illness or injury is attributable to service and is sustained in an operational theatre. If not, a number of factors will be considered, including the severity of the injury, length of service, the prognosis for recovery, and the applicant’s ability to support himself or herself. We may give limited leave where the applicant does not qualify for settlement but needs a period of recovery before they leave the United Kingdom. A member of the armed forces who is granted settlement following medical discharge will be able to apply for citizenship after 12 months. I do not know whether the specific case that the hon. Lady mentioned relates to one of her constituents. If so, and she wants to write to me to raise particular issues, I will obviously be happy to look into them and respond accordingly.
I shall return to the remarks I intended to make—I have not made a great deal of progress because I have dealt with a number of questions. I support what my hon. Friend the Member for Woking said in introducing the Bill. The Government agree that it is wrong that a member of our armed forces should have to wait longer to gain citizenship just because they happened to be posted overseas at the relevant time. The service charities have told us that, and it was recognised as a priority commitment under the armed forces covenant. Once implemented, the Bill will enable us to overlook the requirement to be in the UK on day one of the qualifying period for naturalisation in the same way that we overlook the requirement to have resided in the UK.
My hon. Friend the Member for Gainsborough or my hon. Friend the Member for Christchurch—I forget which, because they were sitting next to each other and both raised a number of points—asked whether the Bill will be retrospective. The Bill will not be retrospective in the sense that it will go back and alter anyone’s existing naturalisation status. However, there is a retrospective element in the sense that the Bill will look back at what happened to applications five years ago and where people were. When the Bill is enacted, not being in the UK at the beginning of the five-year period will cease to be a disadvantage. To that extent, the Bill will be retrospective, but it will not alter the position of someone who has gone through the process of making an application.
When the Bill becomes law—I hope it will—someone who made a failed application or who held off making an application and had to wait for a longer period because they did not meet the requirement will be in a position to make an application under the new rules. If the other conditions are met, the Secretary of State will be in a position to overlook the requirement to have been in the UK at the beginning of the process. The Bill will therefore benefit people who are not currently serving but who have served previously, and that will be welcome.