Nationality and Borders Bill

Lindsay Hoyle Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Relevant documents: Seventh Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 1)—Nationality, HC 764; Ninth Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 3)—Immigration offences and enforcement, HC 885; Eleventh Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 5)—Modern Slavery, HC 964; Twelfth Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Parts 1, 2 and 4)—Asylum, Home Office Decision-Making, Age Assessments, and Deprivation of Citizenship Orders, HC 1007; Tenth Special Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill: Government Responses to the Committee’s Seventh, Ninth, Eleventh and Twelfth Reports, HC 1208; Letter from the Chair of the Joint Committee on Human Rights to Tom Pursglove MP, Minister for Justice and Tackling Illegal Migration, relating to Part 2 (Asylum) and Part 5 (Modern Slavery) of the Nationality and Borders Bill, HC 588, dated 17 November 2021; Letter from Tom Pursglove MP, Minister for Justice and Tackling Illegal Migration, to the Chair of the Joint Committee on Human Rights relating to Part 2 (Asylum) and Part 5 (Modern Slavery) of the Nationality and Borders Bill, HC 588, dated 25 November 2021; e-petition 601583, Remove Clause 9 from the Nationality and Borders Bill.]

[Mr Speaker]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 10, 12 and 26. If they are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

After Clause 4

Provision for Chagos Islanders to acquire British nationality

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government amendments (a) and (b) in lieu of Lords amendment 1.

Lords amendment 4, Government motion to disagree, and Government amendments (a) to (f) in lieu.

Lords amendment 5, and Government motion to disagree.

Lords amendment 6, and Government motion to disagree.

Lords amendment 7, and Government motion to disagree.

Lords amendment 8, and Government motion to disagree.

Lords amendment 9, and Government motion to disagree.

Lords amendment 52, and Government motion to disagree.

Lords amendment 53, and Government motion to disagree.

Lords amendment 10, and Government motion to disagree.

Lords amendment 11, and Government motion to disagree.

Lords amendment 12, and Government motion to disagree.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, and Government motion to disagree.

Lords amendment 15, and Government motion to disagree.

Lords amendment 16, and Government motion to disagree.

Lords amendment 17, and Government motion to disagree.

Lords amendment 18, and Government motion to disagree.

Lords amendment 19, and Government motion to disagree.

Lords amendment 20, and Government motion to disagree.

Lords amendment 54, and Government motion to disagree.

Lords amendments 2, 3, 43 to 51 and 21.

[Tom Pursglove]

Mr Speaker, may I begin by joining in, on behalf of the Home Office, your tribute to PC Keith Palmer, who lost his life five years ago today? All of us who were in the House will never forget that day. It was an enormous tragedy; he died in the line of service, protecting our democracy and the people in this place. We will be forever grateful to him and his family, and our thoughts are very much with them today, and with everybody caught up in that terrible tragedy on Westminster bridge.

This country has a long and proud tradition of providing sanctuary to those in need. The British people are generous and compassionate, and we only have to look around us to see that compassion in action right now. I think I speak for the whole House in thanking everyone stepping up to support people fleeing the conflicts in Afghanistan and Ukraine.

This Bill is about delivering a long-term solution to the long-term problems that have beset the asylum system over decades. It has three central objectives: to make the system fairer and more effective so we can better protect and support those in genuine need; to deter illegal entry, breaking the business model of evil criminal trafficking; and to make it easier to remove those with no right to be here.

The reforms we are introducing through this Bill have been debated at length both in this House and the other place, and I want to put on record my thanks to all Members for the rigour with which they have scrutinised the measures we have proposed. I also want to say that as the Bill has progressed through Parliament, this Government have been listening carefully to the questions and concerns raised not only by Members but by the many organisations, communities and individuals who have been carefully following its progress.

We have amended the Bill to clarify that new measures to tackle people smugglers will not criminalise those acting under the direction of Her Majesty’s Coastguard. We have also introduced an amendment to resolve the lawful residence issue that has troubled many individuals with indefinite leave to remain under the EU settlement scheme and who wish to naturalise but have not previously held comprehensive sickness insurance.

In response to the appalling situation in Ukraine, we have added new powers to enable us to impose visa penalties on countries posing a threat to international peace and security or whose actions lead, or are likely to lead, to armed conflict or a breach of humanitarian law. We have also announced an expansion of the Hong Kong British national overseas route, which will enable individuals aged 18 or over who were born on or after 1 July 1997 and have at least one BNO parent to apply to the route independently.

Before going further, I would like to say something more about the situation in Ukraine, in particular the calls we have heard in respect of unaccompanied children. We of course recognise the deeply troubling circumstances faced by all Ukrainians who are caught up in this conflict, and we of course acknowledge calls for support to Ukrainian orphans and unaccompanied children. However, the UK cannot act unilaterally on such matters, and the views of affected Governments must be taken into account. The Ukrainian Government have been clear that children must not be taken into care without the prior agreement of their authorities; we cannot simply transfer unaccompanied minors to the UK without first securing their authorisation. It may be in the best interests of many children to remain in the region given that it is common for those labelled as orphans by the media who are in the Ukrainian care system to have living parents, and ultimately their Government, whom they are not fleeing, should have the final say on these matters.

We are working urgently, however, with the authorities in Ukraine and Poland to secure the final agreements needed to bring to the UK a group of over 50 Ukrainian children, known as the Dnipro kids, who have escaped the brutal war and are currently in Poland. I recognise that many Members are following that issue closely and have a keen interest in it, and Home Office Ministers will keep the House updated. This is a complex case, and it is absolutely right that we wait for the appropriate checks and written permissions before bringing these children to the UK. The Home Secretary and her counterparts in the Ukrainian, Polish and Scottish Governments are united in their determination to ensure these children get the right support and the care they need.

However, I remind the House that our Ukraine family scheme also provides an immediate pathway for those Ukrainians, including unaccompanied children subject to safeguarding checks, with family already settled in the UK to come to our country. We would expect most children to apply in family groups, such as a parent with a child, but I can assure colleagues that this scheme is designed to allow as many people as possible to come to the UK and to give them immediate access to the support they need. We must do nothing less.

Returning to the Bill, Members will have seen that many amendments were proposed and agreed to during its passage through the other place, including some proposed by the Government. The Government have carefully considered each of the non-Government amendments, and I would like to explain what we have concluded and why. But before doing so, I would like to offer an apology to the House for the late publication of the updated explanatory notes. Manuscript copies of the updated notes have been distributed, but I accept that they should have been published online on Friday, and I am sorry that this did not happen—for that discourtesy I genuinely am apologetic, Mr Speaker.

On amendment 1, relating to access to British overseas territories citizenship and British citizenship for Chagossians, I again place on record my sympathy with the Chagossians for how they were treated in the 1960s and 1970s. I also want to place on record my admiration for the way in which Members from across the House have championed their cause, in particular my hon. Friend the Member for Crawley (Henry Smith), who has been a consistent and tireless advocate on this issue for many years; he has run an exceptional campaign. We have listened carefully to the concerns raised in both Houses and in the Chagossian community on the difficulties faced by Chagossians in accessing British nationality. These difficulties have arisen from the unique historical treatment of those who were removed from the British Indian Ocean Territory in the 1960s and 1970s and the limited recognition of those circumstances in British nationality law. Given that, the Government have concluded it would be appropriate to take action in this Bill, consistent with our other measures designed to correct historical unfairness in nationality law, and will put forward an amendment as such. This will mean there is a new route to British nationality for direct descendants of the Chagossians removed from the British Indian Ocean Territory. In doing that, we are satisfied that the Chagossian diaspora is unique and we are not setting a precedent that would undermine the general principles governing the acquisition of British citizenship by descent. Further details will follow in due course, and I want again to say a huge “Well done and congratulations” to my hon. Friend for helping us to bring about this important change.