Oral Answers to Questions

Julian Huppert Excerpts

Monday 9th May 2011 Commons Chamber

[Mrs May]

I thank the hon. Lady for raising this issue. I cannot give her an exact date, but fairly shortly we will be launching a consultation exercise in response to issues that have arisen concerning the sex offenders register. The question of online identities was raised in this House when I made the statement on the response to the F and Thomson case, and we are taking it on board, so I ask her to wait for that consultation.

[Dr Julian Huppert (Cambridge) (LD)]

12. What her policy is on measures to ensure that children born overseas to unmarried male British citizens before 2006 are treated in a manner equivalent to those born after 2006.

[The Minister for Immigration (Damian Green)]

I am grateful to my hon. Friend for reminding the House of this odd hangover from previous legislation. Children born overseas to unmarried British fathers before July 2006 were unable to acquire citizenship by descent from their father. However, the UK Border Agency will register such people as British citizens if an application is made before their 18th birthday.

[Dr Huppert]

I thank the Minister for those comments. He was also sympathetic when my hon. Friend the Member for Carshalton and Wallington (Tom Brake) raised this matter two years ago. Will he seek a legislative opportunity to correct this situation by statute rather than rely on discretion, which may or may not be applied to children who may or may not be inside the country?

[Damian Green]

As I said, my hon. Friend makes a valid point. There is, however, an established registration route for children born to British unmarried fathers under section 3 of the British Nationality Act 1981, which allows the Home Secretary to register any child under the age of 18 as a British citizen, and this discretion has been used for many years. Of course those who are not able to register because they are over the age of 18 can instead naturalise as British citizens if they are resident in the UK and meet the requirements for naturalisation. As he says, any change to the nationality law would have to be made through primary legislation and there is no appropriate vehicle before the House at the moment.