Nationality and Borders Bill

Henry Smith Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Henry Smith (Crawley) (Con)]

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 4—Former British-Hong Kong service personnel: right of abode—

‘(1) The Immigration Act 1971 is amended as follows.

(2) At the end of section 2(1) insert—

“(c) that person is a former member of the Hong Kong Military Service Corps or the Hong Kong Royal Naval service, or

(d) that person is the spouse or dependent of a former member of the Hong Kong Military Service Corps or the Hong Kong Royal Naval service.”’

This new clause would mean that all former British-Hong Kong service personnel, plus their spouses and dependents, would have right of abode in the UK.

New clause 5—British National (Overseas) visas: eligibility—

‘(1) Within two months of this Act being passed, the Secretary of State must amend the Immigration Rules to ensure that all persons meeting the condition set out in subsection (2) are eligible to apply for the British National (Overseas) visa.

(2) The condition referred to in subsection (1) is that the person has at least one parent who is a British national (overseas).’

This new clause would enable any persons from Hong Kong who have at least one parent who is a British national (overseas) to apply for the British National (Overseas) visa.

New clause 7—Exception to the requirement to pay fees in connection with immigration or nationality—

‘(1) In relation to an applicant meeting the criteria set out in subsection (2) of this section, the Secretary of State must by regulations provide for an exception to any requirement to pay fees set out in a fees order under section 68 (fees) of the Immigration Act 2014.

(2) The criteria referred to in subsection (1) are that the applicant has—

(a) lawfully resided in the UK for a minimum period of five years, and

(b) lawfully worked in a clinical capacity for the National Health Service anywhere in the United Kingdom for an unbroken period of three years

provided that, if the applicant leaves the employment of the National Health Service in any part of the United Kingdom within the three years following a successful application in respect of which the applicant was exempted from paying fees, those fees become payable on termination of employment in the National Health Service.’

This new clause exempts clinical NHS workers from the fees associated with immigration and nationality, provided that they have lived lawfully in the UK for at least five years, worked in the NHS for at least three years, and continue to work in the NHS for a further three years after being granted the fee exemption.

New clause 8—Children registering as British citizens: fees—

‘(1) Within two months of this Act being passed, the Secretary of State must amend the Immigration and Nationality (Fees) Regulations 2018.

(2) The amendments referred to in subsection (1) must include—

(a) provision to ensure that the fees charged for applications for registration as a British citizen under the British Nationality Act 1981 or the British Nationality (Hong Kong) Act 1997, where the person in respect of whom the application is made is a child at the time the application is made, do not exceed the cost to the Home Office of processing the application;

(b) provision to ensure that no fees are charged for applications for registration as a British Citizen under the British Nationality Act 1981 or the British Nationality (Hong Kong) Act 1997 where the person in respect of whom the application is made—

(i) is a child being looked after by a local authority at the time the application is made; or

(ii) was looked after by a local authority when they were a child, and at the time the application is made is either—

(A) under the age of 21; or

(B) under the age of 25 and in full-time education.

(3) Within six months of this Act being passed, the Secretary of State must lay before Parliament a report setting out the effect of such fees on the human rights of the children applying for registration as British citizens under the British Nationality Act 1981 and the British Nationality (Hong Kong) Act 1997.’

In respect of children registering as British citizens, this new clause would prevent the Home Office from charging a fee which exceeds the cost of processing the application. It would also abolish such fees altogether for looked-after children until they reach the age of 21 (or 25 if in full-time education), and would require the Government to produce a report setting out the effect of such fees on children’s human rights.

New clause 22—Requirement for the Secretary of State to waive the full capacity requirement—

‘(1) In section 44A of the British Nationality Act 1981, for “may” substitute “should”.’

This would give effect to the recommendation of the Joint Committee on Human Rights to require the Secretary of State to waive the requirement for a person to have full capacity if it is in that person‘s best interests to do so.

New clause 25—Birthright commitment under the Belfast (Good Friday) Agreement 1998—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, produce a report setting out how the UK Government will give statutory effect to the recognition set out in the Belfast (Good Friday) Agreement 1998 of the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may choose.

(2) The Secretary of State must lay the report before each House of Parliament.’

New clause 33—Acquisition of British citizenship by birth or adoption: comprehensive sickness insurance—

‘(1) The British Nationality Act 1981 is amended as follows.

(2) After subsection 1(3A) insert—

(a) a person born in the United Kingdom after commencement who is not a British citizen is entitled, on application, to register as a British citizen if the person’s father or mother would have been settled in the United Kingdom at the time of the person’s birth, if Assumption A had applied.

(b) assumption A is that, in assessing whether the person’s father or mother met a requirement to have held comprehensive sickness insurance, this is to be regarded as having been satisfied whenever they

(i) had access to the NHS in practice; or

(ii) held a comprehensive sickness insurance policy.

(c) registration under this subsection shall be free of charge.”

(3) After section 50A insert—

“50B Exceptions

(a) is not to be treated as having been in the United Kingdom in breach of the immigration laws during a period of time that has been counted as part of a continuous qualifying period in a grant of leave to that person under Appendix EU of the Immigration Rules, and

(b) is not to be treated as not being of good character on account of a failure to hold comprehensive sickness insurance during some period of residence in the UK.”

(4) The European Union (Withdrawal Agreement) Act 2020 is amended as follows.

(5) After section 15, insert—

“15A Comprehensive sickness insurance

(1) For the purposes of any decision taken by a public authority under this Part after commencement of this section, a person is to be treated as having met a requirement to have held comprehensive sickness insurance, whenever they—

(a) had access to the NHS in practice; or

(b) held a comprehensive sickness insurance policy.

(2) This section shall in particular apply to any decisions taken under residence scheme immigration rules.”’

This new clause provides that a person seeking to acquire permanent residence documents, naturalisation or citizenship need not have had comprehensive sickness insurance prior to applying for citizenship.

New clause 34—Registration as a British citizen or British overseas territories citizen: Fees—

‘(1) No person may be charged a fee to be registered as a British citizen or British overseas territories citizen that is higher than the cost to the Secretary of State of exercising the function of registration.

(2) No child may be charged a fee to be registered as a British citizen or British overseas territories citizen if that child is being looked after by a local authority.

(3) No child may be charged a fee to be registered as a British citizen or British overseas territories citizen that the child or the child’s parent, guardian or carer is unable to afford.

(4) The Secretary of State must take steps to raise awareness of rights under the British Nationality Act 1981 to be registered as a British citizen or British overseas territories citizen among people possessing those rights.’

This new clause would ensure that fees for registering as a British citizen or British overseas territories citizen do not exceed cost price. It would also ensure that children being looked after by a local authority are not liable for such fees, and that no child is charged an unaffordable fee. Lastly, it would require the Government to raise awareness of rights to registration.

Amendment 108, in clause 3, page 8, line 33, leave out subsection (4).

This would give effect to the recommendation of the Joint Committee on Human Rights to remove the good character requirement for a person applying for British overseas territories citizenship who has previously been discriminated against where this could perpetuate that discrimination.

Amendment 12, page 11, line 35, leave out clause 9.

This amendment would remove clause 9, which would enable the Home Secretary to deprive UK nationals of citizenship without notice.

Government amendments 17 and 18.

Amendment 2, page 12, line 33, leave out clause 10.

This amendment would remove clause 10, which restricts entitlement to British citizenship for children born stateless in the UK.

Amendment 111, in clause 10, page 13, line 23, after “birth”, insert

“without any legal or administrative barriers”.

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that, in compliance with Article 1 of the 1961 UN Statelessness Convention, British citizenship is only withheld from a stateless child born in the UK where the nationality of a parent is available to the child immediately, without any legal or administrative hurdles.

Amendment 110, in clause 10, page 13, line 27, at end insert—

“(d) in all the circumstances, it would be in the best interests of the child for it to acquire the nationality in question.”

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that the best interests of the child are central to decision-making in deciding whether to grant or decline an application for British citizenship by a stateless child who was born in the UK.

[Henry Smith]

The Chagos islanders have suffered over half a century of consistent injustices. They were forcibly exiled from their homeland, the Chagos islands—Diego Garcia and outer islands such as Peros Banhos—by the Harold Wilson Administration in the late 1960s to make way for a military base, and they were typically relocated against their will in Mauritius, but also in the Seychelles and other locations.

There are many aspects of the injustices suffered by the Chagos islanders on which I and many other hon. and right hon. Members across the House have campaigned, such as a right of resettlement, a right to compensation—a package has still not been fully realised to any extent at all—and a right to self-determination. It is London, Washington, the UN in New York or Port Louis that is seeking to decide their future sovereign status.

However, there is another injustice that has been suffered by descendants of Chagos islanders: the denial of their moral rights to British overseas territory citizenship. It is no fault of the grandchildren and other descendants of the Chagos islanders that their forebears were forcibly removed from their homeland and essentially dumped in other parts of the Indian ocean, but it has meant that they have lost their rights to British overseas territory citizenship. Had those individuals been born in other overseas territories, such as Gibraltar, the Falkland Islands or Bermuda, they would have a right to British overseas territory citizenship. This is causing great hardship for many families, and dividing many communities as a result.

Those who were born on the Chagos islands and the direct children of those born on the Chagos islands do have a right to British overseas territory citizenship and therefore British citizenship. They are able to settle in this country, and are productive members of our wider society. I am grateful that many have decided to live in my Crawley constituency. However, many grandchildren and other descendants of those islanders are technically seen as foreign nationals, and have to go through an expensive and rigorous visa process to be here, and then apply for indefinite leave to remain. That results in families with different nationality status and immigration status, often in the same household. Some are able to work and to access public funds and public services. Others are unable to, which creates issues in terms of housing overcrowding.

As I said, this community has suffered a series of injustices. It is the sort of thing you would expect to read in the history books of colonialism of several hundred years ago. We are not talking about many people either. We have just heard a lot about 20,000 Afghans evacuated from that country with the fall of Kabul. We have heard a lot about over 3 million BNO—British national overseas—citizens in Hong Kong with a potential right to settle in this country as a result of the increasing Chinese erosion of democracy there. With the Chagos Islanders, only numbers in the hundreds to low thousands would be eligible.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Gentleman is absolutely right: it is not about the numbers; it is about the principle and about living up to our historical obligations. I have seen a number of initiatives of this sort. I will be happy to support this new clause. It remains to be seen what the response will be from the Treasury Bench. Will he join me in putting the message across to the Ministers and officials responsible that this will never just go away? If not today, then sooner or later, these injustices will have to be addressed.

[Henry Smith]

I am grateful to the right hon. Gentleman for his support, and I agree with every word he said.

We have had over half a century of appalling injustice, in many different regards, for this community. It is now time that this House rights the wrongs that they have suffered. In allowing British overseas territories citizenship for the descendants of the Chagos Islanders, we can go a long way towards doing that. Chagos islanders were forcibly removed from their homeland not by this House but by an Order in Council. This issue has never had the proper scrutiny of this elected House, which can now play its part in righting a significant historical injustice. I therefore call on Members from across the House to support new clause 2.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is a pleasure to follow the excellent speech by the hon. Member for Crawley (Henry Smith) in proposing new clause 2. I pay tribute to his commitment to this cause, which has been a long-standing one for him and his constituents. I wish to put on record the Opposition’s support for the new clause, which seeks to rectify the long-standing injustice in British nationality law that affects a relatively small number of people—Chagossian people, descendants of the Chagos islanders, who were forcibly removed from the British Indian Ocean Territory in the 1960s. The fact that British citizenship does not automatically pass to second and third generation Chagossians despite some of them migrating to the UK with their British parents as very young children is nothing short of a scandal. I hope that hon. Members on both sides of the House will support new clause 2.

Whereas the hon. Member for Crawley is seeking to rectify an injustice, the Nationality and Borders Bill does the opposite and seeks to create chaos and injustice. I will focus my comments on part 1. Clause 9 provides the Government with dangerous and unprecedented powers to deprive UK nationals of citizenship, without warning. We are wholeheartedly opposed to this. Through clause 9, the Government seek to amend the long-standing position under the British Nationality Act 1981 that an individual must be notified if they are to be deprived of their nationality. It exempts the Government from giving notice of a decision to deprive a person of citizenship if authorities do not have the subject’s contact details or if it is not “reasonably practical” to do so. The Government’s proposal also allows such secret deprivations to take place solely on the basis that the Home Office deems it “in the public interest” or in the interest of “foreign relations”. Effectively, this means that the Home Secretary can strip someone of their citizenship without informing them because it would be internationally embarrassing for her to do so. This abhorrent proposal therefore enables the Government to remove basic fairness, on top of an already dangerous power.

Like many measures in the Bill, there is no practical reason for this change. Present rules already allow for citizenship deprivation letters to be delivered to an individual’s last known address. The real purpose of this rule appears to be to introduce measures that remove the right to appeal. These measures make lawful previously unlawful citizenship stripping. They ask Parliament to pretend that an unlawful decision was lawful all along. It is shameful and Orwellian in equal measure.