Citizenship (Armed Forces) Bill

Debate between Jonathan Lord and Guy Opperman

Friday 17th January 2014 Commons Chamber

[Jonathan Lord (Woking) (Con)]

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

I thank hon. Members for taking an interest in this Bill and for attending this morning’s debate. I am particularly grateful to Members who attended the Bill Committee. We had a good debate, as we did on Second Reading. I am delighted with the cross-party support that the Bill has enjoyed to date, and I hope that this continues.

Foreign and Commonwealth citizens in Her Majesty’s forces who wish to apply for naturalisation under section 6(1) of the British Nationality Act 1981 may currently be at a disadvantage because of their time served overseas. This is because an applicant must have been in the United Kingdom on day one of the five-year qualifying period for naturalisation. As a result, some members or former members of our armed forces have to wait longer to apply than other people who are simply living in the UK on the required date. The principles enshrined in the armed forces covenant between the nation and our armed forces community make it clear that those who serve should face no disadvantage as a result of that service.

[Guy Opperman (Hexham) (Con)]

Approximately how many armed forces personnel now serving in the forces would benefit from the change in the law that my hon. Friend’s outstanding Bill will bring about?

[Jonathan Lord]

The best estimate is that approximately up to 200 service personnel or ex-service personnel and their families could be helped by the Bill. This measure is not of vast significance and it will certainly not impact on our immigration or naturalisation numbers to any great extent, but I think my hon. Friend will agree that there is an injustice in the current rules and regulations which needs to be changed.

I believe that it is wrong for our armed service personnel and our former armed service personnel who fit into this category to be discriminated against in this way. It is anomalous, and it is something that this House and the other place can and should rectify. As I said on Second Reading, every day that members of our armed forces have spent in the service of our country abroad should have the same value in the eyes of the immigration authorities as a day spent in the UK. The Bill enjoyed a very thorough and far-reaching debate on Second Reading and I am delighted that no amendments were tabled. I therefore hope that we shall be able to conclude matters this morning without a huge or lengthy debate.

Clause 1 amends schedule 1 to the 1981 Act to give the Secretary of State discretion to overlook the requirement to be in the UK on day one of the qualifying period for naturalisation. This discretion will apply only in cases where the applicant is, or has been, a member of Her Majesty’s armed forces. I am delighted that my hon. Friend the Minister and the shadow Minister are in their places here today. As I say, I very much hope that the Bill will continue to enjoy cross-party support.

The Bill represents a small and sensible, but not insignificant, change to the way in which naturalisation applications from foreign and Commonwealth members of Her Majesty’s armed forces are considered. It enables us to remove the disadvantage currently experienced by certain forces and ex-forces personnel who happened to be outside the United Kingdom, serving their country, on that first day of their five-year qualifying period for naturalisation as a British citizen.

The Home Office takes its responsibilities under the armed forces covenant seriously, as I hope all hon. Members do. We have been steadily pursuing a range of measures to improve the various interactions that the armed forces community is obliged to have with UK Visa & Immigration. We recently implemented a new set of immigration rules for armed forces families, which include a number of practical improvements: a five-year visa; a dedicated application form; and the ability to make applications from overseas. Small things can make a big difference, and the small but important measure in this Bill is one such thing.

[Guy Opperman]

Anything that implements the military covenant, as this Bill does in a small but significant way, is a very good thing. What is the attitude of the various armed forces charities, which we all support, be it the Royal British Legion, Help for Heroes or Veterans Aid? What is their approach to the Bill?

[Jonathan Lord]

I thank my hon. Friend for that intervention, and I am pleased to inform him that our armed forces charities, those that help not only those currently serving and their families, but ex-service personnel and their families, are hugely and universally supportive of this measure. I have been grateful to them for their advice and support during this Bill’s passage through this House.

The measure in this Bill was identified by the Armed Forces Covenant Cabinet Sub-Committee as a priority commitment. Once implemented, it will provide the Secretary of State with the discretion to overlook the current requirement in schedule 1 the British Nationality Act 1981. As I said a moment ago, it is not anticipated that the volume of naturalisation applications from forces personnel will increase dramatically as a result of the Bill. Rather, it will help a small number of applicants who will become eligible to apply for naturalisation earlier than would otherwise have been the case. The numbers benefiting will be modest, but important none the less. UK Visa & Immigration does not hold data on the numbers of service personnel and ex-service personnel naturalising as British citizens, but as I said to my hon. Friend, we reckon that the number is something in the region of up to a couple of hundred cases per year, and no more. Not all those cases will require the discretion provided for by this Bill, but where they do, it is only right and fair that the people involved should benefit from it.

I am grateful to the Home Office and to all Members from across this House for their support as we put this Bill together. Throughout the process, we have listened to the organisations that so ably represent members of the armed forces. I am grateful for their input and I hope that they will be pleased by the result of this Third Reading debate. Should the Bill pass this House this morning, I have asked Lord Trefgarne to pilot the Bill through the other place.

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[Guy Opperman]

I entirely endorse what my hon. Friend says. It is right that we not only have a sensible discussion about immigration, but acknowledge that the communities from Poland have a great deal to offer this country and have contributed greatly not only in the past few years but down the generations. He will be interested to know that in the battle of Britain, of all the overseas troops who fought on behalf of Great Britain to defend us against the Nazis in the most pivotal and important aerial battle that there has ever been, the highest number of pilots was from Poland—higher than New Zealand, Canada, Czechoslovakia and Ireland. The Polish were the largest number by a significant degree. How we approach immigration must be measured and fair. We accept the brightest and the best, and we ensure that there is no exploitation. We must accept that they made a great contribution in the past and continue to do so, and I welcome what he said.

[Jonathan Lord]

In my constituency of Woking, we have a Muslim burial ground, which, I am pleased to say, will be renovated in time for the commemorations of the great war. It was built to house the remains and give proper dignity to, and proper commemoration of, the sacrifices made by those from the Indian sub-continent. Indian soldiers or those from modern-day Pakistan who served in the great war are commemorated there. We are talking about the new Commonwealth as well as the old Commonwealth and the European countries that served alongside our Great British forces in both of those great wars.

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[Jonathan Lord]

rose—

[Guy Opperman]

Bearing in mind Mr Speaker’s words, I will take only a brief intervention.

[Jonathan Lord]

It is worth noting that the Bill has the support of not just the Home Office but the Ministry of Defence. On 11 July 2013, our Minister of State for Defence, who was then responsible for personnel, welfare and veterans, said:

“There has been a long tradition of Commonwealth citizens serving in the British armed forces and most recently on operations in Iraq and Afghanistan. We continue to value their service which provides an important contribution in defending the UK at home and abroad.”—[Official Report, 11 July 2013; Vol. 566, c. 31WS.]

That is one reason why I believe my Bill is so important.

[Guy Opperman]

I could not sum up my short speech any better than that and, on that note, I will sit down.

International Development (Gender Equality) Bill

Debate between Jonathan Lord and Guy Opperman

Friday 17th January 2014 Commons Chamber

[Guy Opperman]

It is rare to be abused so roundly and robustly by the most impressively coiffured Government Whip. We may miss his Movember amplification, but we cannot in any way miss his contribution to debates, even though when I last checked Whips were meant to be silent.

[Jonathan Lord (Woking) (Con)]

Will my hon. Friend give way?

[Guy Opperman]

I will. Please save me from my predicament.

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[Jonathan Lord]

My hon. Friend speaks very eloquently on this issue, particularly with regard to education. May I, however, mention the potential transformative effect of microfinance for women who have already gone through the education system? It can obviously work for men as well as women, but tiny amounts of money in western terms—whether for agriculture, craft or occasionally something more technological—can completely transform the lives of women and their families by allowing them to start and pursue businesses, giving them real security and future potential.

[Guy Opperman]

My hon. Friend makes exactly the point that I was coming to. Without being too techie, estimates of the loss of growth owing to gender inequality in educational support range from 0.3% per annum in sub-Saharan Africa to 0.81% in south Asia. It is patently clear that better education and support for women provides a much greater ongoing economic impact.

There is ample evidence in all the periodicals of the economic implications of the denial of gender equality. For example, a World Bank study has found that managers could increase worker productivity by 25% to 40% where they eliminate discrimination against female workers. I have to confess that I was surprised by that change being so massive, but those are the statistics.

On any interpretation, gender inequality makes labour markets less competitive, stunts agricultural productivity and decreases expected rates of return. If all would-be entrepreneurs were able to use their talents and be given a chance, we can only imagine how massive the economic benefits would be. Whether in relation to such examples as the House of Commons or the presidents and chief executives of FTSE 100 companies, we can see how only a limited number of women are given a chance in this country—let alone in others around the world—and that must surely be addressed. We also have to be blunt in this House that in many developing countries, discriminatory laws and social norms are not only a reality, but a fundamental barrier. They stop female entrepreneurship, curb productivity and stunt economic growth. As Benjamin Franklin said:

“An investment in knowledge pays the best interest.”

Investment in female education is not only critical for the future, but, I would suggest as a former human rights lawyer, a basic human right. As we know, that right is being denied to too many women. That is not only morally abhorrent, but economically damaging. When a young girl in the developing world is educated, not only does it open doors to a career and prosperity, but it provides numerous social benefits, such as knowledge about pregnancy, child care and nutrition.

We should consider the development that there has been through the millennium development goals. As my hon. Friend the Member for Brentford and Isleworth (Mary Macleod) made clear, it is fantastic that we are taking such a proactive step in this Bill.

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[Guy Opperman]

Does my hon. Friend agree that this debate can be summed up by this phrase from a great philosopher:

“The test for whether or not you can hold a job should not be the arrangement of your chromosomes”?

[Jonathan Lord]

My hon. Friend makes a good point in a slightly humorous fashion. As always, he gets to the nub of the issue. I commend him on his excellent speech.

I commend my hon. Friend the Member for Stone for introducing the Bill. It would be a remarkable achievement to secure the Third Reading of a private Member’s Bill having come only 18th in the ballot. That is testimony to the enormous respect that Members from all parts of the House have for him, as well as to the excellent propositions that he has put forward in this terrific Bill. I am very happy to support him today.

Citizenship (Armed Forces) Bill

Debate between Jonathan Lord and Guy Opperman

Friday 13th September 2013 Commons Chamber

[Jonathan Lord]

The key point is that the Bill would remedy a simple problem. I know, from having talked to the Minister, that the planned nationality Bill will have specific needs in mind, and he would not necessarily wish to take on board this aspect of immigration issues in case it perhaps encouraged more mischievous amendments and additions.

[Guy Opperman (Hexham) (Con)]

I congratulate my hon. Friend on introducing the Bill, as it covers an issue that we should clearly pursue under the armed forces covenant. Does he have any information about support from the various Army charities for this proposal?

[Jonathan Lord]

I am pleased to say that most of the major Army charities, which do such wonderful work supporting our service personnel, our ex-service personnel and their families, are very supportive of the Bill. Like other hon. Members, I attend Remembrance day services and rattle tins for the Royal British Legion—the local branches in Woking and other areas of Surrey are hugely supportive of the Bill.

Veterans Aid, an important charity in this area, has said of the Bill:

“We warmly welcome any initiative that removes obstacles to those who have served this country with honour from settling here legally and have campaigned on this issue. Veterans Aid, more than any other military charity, has championed the cause of Foreign & Commonwealth servicemen and women disadvantaged, through no fault of their own, by bureaucracy that is demonstrably at odds with the spirit of the Military Covenant. This was an injustice and we applaud the Government and Jonathan Lord for listening. We still have many cases in being but this will definitely help us move things forward for quite a few of our clients.”

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[Jonathan Lord]

I have a large amount of notes relating to the naturalisation process and all the disqualifications that could block the path to British citizenship of a member of the armed forces. Factors such as dishonourable discharge and criminality could lead to disqualification, along with all the other kinds of things that one would expect a potential citizen of this country to be judged on, whether they were a soldier or a civilian.

[Guy Opperman]

The key point is that time spent overseas has placed people at a disadvantage. The new legislation could well apply to some of those at the barracks at Albemarle in Northumberland. The regiment that is now stationed there is moving to another part of the country, and a new regiment is coming in from Germany. Some members of that regiment could be covered by the Bill. The time that they have spent overseas is the key factor.

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[Jonathan Lord]

I am extremely grateful to my hon. Friend for that intervention, with which I of course agree absolutely. For those families affected—my hon. Friend is absolutely right that 200 is a realistic estimate—this Bill will make all the difference in the world. While we in this mother of Parliaments are incredibly proud to serve our constituents, the reason many people want to serve in our armed forces is that they know that this country has, over many years, served the cause of decency, democracy and the rule of law. If they are willing to put their lives on the line for this country and all that it stands for, I am sure that they would be equally proud, as my hon. Friend the Member for Central Devon (Mel Stride) said, of the day on which they and their families took British citizenship.

[Guy Opperman]

Following what my hon. Friend the Member for Stourbridge (Margot James) said, does my hon. Friend agree that it is not just a matter of the families? Most of the soldiers I meet and talk to in the barracks in my constituency say that their true loyalty is not just to their family, but to the regiment and their battalion. I suggest that from the Army point of view, this is about not just the individual soldier and his family, but about the corps of the battalion and an individual soldier who is not a British citizen feeling part of the unit. Does my hon. Friend agree?

[Jonathan Lord]

Yes, absolutely. The regiment, the battalion and the way in which our armed forces tend to be arranged into smaller units, many of which have a distinguished history behind them and a wonderful record of service ahead of them, are all very important. That should make us reflect on how the relevant armed service personnel must think when they fill out a form and find out that they are disadvantaged because they were posted abroad five years ago in the service of their regiment or battalion. The whole ethos of this country, the battalion, the regiment and unit goes out of the window the moment these people put pen to paper on that form and realise that, by a quirk of bureaucracy and a small defect in the British Nationality Act 1981, they are at a disadvantage by comparison with other service personnel who served here or, indeed, any other ordinary citizens with a foreign or Commonwealth background who are able to go through the process of naturalisation and citizenship. What a terrible shock that must be for those people and their families.

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[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.

[Guy Opperman]

Is this not all part of what the armed forces covenant is about? It is about a situation existing for servicemen and women in which they are not treated differently from ordinary citizens in this country.

[Jonathan Lord]

That is the clear thrust of the Bill and the debate today. I hope that all Members listening will take that point on board and come to the ineluctable conclusion that what the Bill proposes is only fair.

In answer to a question asked earlier, the main nationalities that are likely to benefit from this measure will be Fijian, Jamaican, South African, Zimbabwean and Ghanaian, since they are the main foreign and Commonwealth nationals represented in Her Majesty’s armed forces. I am pleased to say that, in addition, Nepalese nationals who have served in the Brigade of Gurkhas will also benefit. Although Gurkhas are required to remain citizens of Nepal while serving in the Brigade of Gurkhas, those seeking naturalisation following discharge will fall within the scope of the new provision. I hope that in addition to the military and veterans’ charities that I have mentioned, that national icon, Joanna Lumley, will also look favourably on the Bill, and on the House if it decides to pass it.

The measures in the Bill will correct an unfairness that Parliament committed to resolve when it enshrined the armed forces covenant in law. I hope that, with the approval of Members, the Bill will send out a further signal to those servicemen and women who hold a UK passport, and to those who do not, that the public and their representatives in this House are on their side and working to ensure that they are treated with the respect and dignity that their hard work, dedication and sacrifices deserve. I commend the Bill to the House.