Citizenship (Armed Forces) Bill

Debate between Mel Stride and Jonathan Lord

Friday 13th September 2013 Commons Chamber

[Jonathan Lord]

The key point is that under the 1981 Act a foreigner or Commonwealth citizen applying for naturalisation—the pass to British citizenship—has to have been in the UK on the exact date five years prior to making that application. Of course, it is invidious that a foreign or Commonwealth soldier serving Queen and country in our armed forces overseas, perhaps even in a conflict zone, should not be able to make such an application when other soldiers based in the UK or other men and women living in the UK would be able to do so.

[Mel Stride (Central Devon) (Con)]

I congratulate my hon. Friend on bringing this important Bill before the House. Does he know how many armed forces personnel have fallen foul of what appears to be an unfortunate anomaly in the 1981 Act?

[Jonathan Lord]

It is indeed an anomaly. Currently, more than 9,000 foreign and Commonwealth persons are serving in our armed forces. I am sure that everyone in the House would wish to pay tribute to them for the wonderful work they do, putting themselves in danger for the sake of our national security—and for the sake of international security, too. Our armed forces do not go just into conflict or act defensively: they also go into very difficult areas and try to bring peace.

The Bill will probably affect only a few hundred people a year at most. Not everyone of foreign or Commonwealth nationality who serves in our armed forces wishes to naturalise as a British citizen, but for those who do, I hope that the House will support the idea that they should not be discriminated against because of the anomaly that my hon. Friend so perceptively outlines.

--- Later in debate ---

[Mel Stride]

My hon. Friend refers, rightly, to the sense of discrimination that some members of our armed forces will feel at having fallen foul of this anomaly. Does he foresee the possibility of an amendment in Committee to do something for those who have fallen foul of that particular aspect of the naturalisation requirements by expediting their applications compared to those who were not caught by that anomaly?

[Jonathan Lord]

I am reminded by people with much more experience in the House than I have that it is unwise to accept unnecessary amendments to private Members’ Bills. The bar is already high enough for getting such a Bill on to the statute book. That said, it is an issue that we should look at. The key point is that the Bill would remedy the deficit that we have identified, and any armed services personnel from foreign or Commonwealth countries would not suffer such discrimination.

--- Later in debate ---

[Jonathan Lord]

My hon. Friend makes a valuable point. I look forward to hearing the Minister’s speech, but he is on the record as saying:

“It is simply wrong that any member of our armed forces should have to wait longer to gain British citizenship just because, on a specific date five years before applying, he or she was posted overseas protecting our country. Making this change was a priority commitment under the Armed Forces Covenant and I am delighted to support this Bill which will ensure that service men and women are not disadvantaged.”

Returning to the point made by my hon. Friend the Member for Hexham (Guy Opperman), it is not just Veterans Aid and the Royal British Legion that support the Bill. The Army Families Federation supports Army families, serving both personnel and ex-service personnel. It said:

“This legislation will make a big difference to the many soldiers and their spouses who are currently prohibited from applying for Citizenship because they were serving overseas or were on operations at the start of the 5 year residential period. The current rule has been disproportionately disadvantaging members of HM Forces and their families for many years, and the AFF is fully supportive of the proposed changes”.

I welcome that support from one of our most important charities.

[Mel Stride]

My hon. Friend is making a powerful case. I am gratified that a number of military charities clearly support the Bill. I am not aware of any military-focused charities that are against it. Will he confirm that, to the best of his knowledge, that is the case?

[Jonathan Lord]

I am not aware that any charities, military or otherwise, are against the Bill. I am sure that if any charities that are unaware of the Bill were to listen to the debate—which I hope will have cross-party support—they would also be convinced of its merit, alongside our wonderful military charities.

The Bill will give the Secretary of State the discretion to waive the requirement that an applicant for naturalisation should have been in the United Kingdom at the beginning of the five-year residence period as laid out under the 1981 Act. This will apply only to those who are, or have been, members of the armed forces. This will ensure that all foreign and Commonwealth citizens who are serving, or have served, in the forces are able to apply for naturalisation on equal terms, regardless of whether they were posted in the UK or abroad.

[Jonathan Lord]

The Bill will apply to cases from now on. By definition, those applying for citizenship under the naturalisation rule have to have been in the UK five years before, so it is definitely for all cases going forward. I hope the Minister will help me by ensuring that we know about any potential retrospective action.

[Mel Stride]

Just to clarify, where an individual has fallen foul of the anomaly under the 1981 Act and has subsequently left the country, and is therefore not in the country at the point of an application the day after the Bill is passed, would the clock have to start again, or would it be enough that they would have qualified had the anomaly not existed?

--- Later in debate ---

[Jonathan Lord]

The Bill gives the Secretary of State more discretion than he has had hitherto, but we are trying to look forward more than we are trying to look back. We cannot remedy all anomalies, but I am sure that the Minister will have a view on how the Secretary of State would use that discretion for past cases.

To apply for naturalisation under section 6(1) of the 1981 Act, a person must have been resident in the United Kingdom for the previous five years. While the Secretary of State has the discretion to disregard time spent outside the UK during that period, an applicant currently must, in all cases, have been in the UK at the beginning of that five-year period. That means that foreign and Commonwealth citizens serving in our armed forces who are posted overseas may have to wait longer than those who remain in the UK before being able to naturalise as British citizens, and that cannot be right.

The Bill implements a Government commitment in the armed forces covenant 2011 for new legislation to be introduced to enable foreign and Commonwealth service personnel to be exempted from the requirement to be in the UK at the start of that residential period for naturalisation as a British citizen, if in service on that date. Clause 2 sets out clearly the territorial extent of the Bill: England and Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man and the British overseas territories.



Both clauses would come into force two months after the Bill receives Royal Assent. It is not anticipated that the Bill will lead to additional public expenditure. With regard to public sector manpower, no changes are expected to staffing at the Home Office, which is the Department responsible for processing applications for naturalisation. The Bill is not regarded as having any regulatory impact, nor will it lead to costs or savings for business, public or civil society organisations, regulators or consumers. It is a pleasure to introduce the Bill to the House this morning. I pay tribute to the work of the Home Affairs (Armed Forces Covenant) Sub-Committee, which mentioned the desirability of the measure in October 2010. It has the benefit of Government support and, I very much hope, cross-party support, too.

The enshrinement of the armed forces covenant in UK law in 2011 was a good moment in the three years that I have served as Member of Parliament for Woking, and I am sure that many Members across the House feel the same. The Government and Parliament have a moral obligation to their servicemen and women, who are asked to risk their lives for our country. That obligation extends well beyond the time when each of them leaves the Army, the Royal Navy or the Royal Air Force. Parliament chose to enshrine two key principles in law: first, that it is desirable that members or former members of the armed forces suffer no disadvantages arising from their time served in the military; and secondly, that special provision for them may be justified in certain circumstances. These are fundamental principles that reflect our country’s high esteem for the military and its personnel, and the important and sometimes difficult and dangerous work they do.

I am fortunate to have the Pirbright barracks in my constituency, which, with the arrival of the 1st Battalion the Welsh Guards, will shortly have an additional 600 service personnel and their families. A guardsman who has served with the battalion for the last 10 years will have been on tours to Northern Ireland, Iraq, Bosnia, Kosovo and Afghanistan, which will have been interspersed with firefighting, training and exercises all over the world. In addition, they will have carried out state ceremonial and public duties, demonstrating the busy nature of our modern armed forces. Indeed, the 1st Battalion the Welsh Guards has done two tours of Bosnia and two tours of Afghanistan. They are brave servicemen and women.

[Mel Stride]

My hon. Friend rightly refers to the brave men and women in our armed forces in his constituency who perform such services for our country. Earlier he mentioned their role in defending and fighting for our country, but do not a number of the examples he has given show that, equally, they are important in bringing peace to many people outside our country? For that reason, as well as the service they do for our country, we should treat them fairly and decently.

[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.

--- Later in debate ---

[Jonathan Lord]

I thank my hon. Friend for that point, which she makes extremely well. The armed forces are at the service of our country and its citizens, and they never, ever seem to let us down.

[Mel Stride]

My hon. Friend is being very generous in giving way. He is right to stress the dedication, excellence, training and commitment of those in our armed forces, and although they are well looked after in terms of remuneration, salary and pay, they are not very, very well looked after. Is not that, along with their dedication, yet another reason why they should be looked after properly in the way that his Bill seeks to do?

[Jonathan Lord]

My hon. Friend makes an excellent and important point.

I have invited the troops stationed at Pirbright to come and have tours of the House—I am sure everyone else has similar experiences—and have participated in seminars, and so on. When they next visit me, I know that they will be extremely pleased—and perhaps even a little proud of their Member of Parliament—that this Bill has been introduced. That is another reason why I hope the House will support it today.

We have the armed forces covenant, but there is still progress to be made on the way in which we treat our armed forces personnel. However, the Government are to be commended for the action that they have taken since May 2010, and I am pleased that the Minister for Immigration is here to support this contribution to the development of the law on the obligations underwritten by the armed forces covenant.

--- Later in debate ---

[Jonathan Lord]

I hesitate to use up all our available time discussing the regulations. As I have said, I have notes on the naturalisation routes to citizenship for ordinary civilians and for armed services personnel. The clear intention of the Home Office and our immigration services is to ensure that there is a level playing field, and that the armed services are not disadvantaged in relation to civilians. I believe that that is what the House would like to see. Of course, cases of dishonourable discharge or criminality would count against a member of the armed forces, just as breaking the law would disadvantage a civilian seeking to become a citizen of this country. The same rules will apply regarding the amount of money a person will need to earn in order to support himself, and his wife and his family if he has one. Those rules will be the same for armed services personnel as for civilians from a foreign or Commonwealth background. I hope that that reassures my hon. Friend. The Home Office and our immigration services take a fair-handed view in this regard, but the major anomaly in the British Nationality Act 1981 has to be put right.

[Mel Stride]

Is it not significant that when someone applying for naturalisation has not previously fallen foul of the anomaly in the 1981 Act, the public and Parliament have not generally been overly vexed by the rules? My hon. Friend’s Bill will simply bring those who do fall foul of the anomaly into line with those who do not, so the new arrangements will presumably be acceptable, as they are already acceptable as currently applied to others.

[Jonathan Lord]

I largely accept that point. The important thing is to ensure that our armed services personnel are not disadvantaged. I am sure that previous armed forces personnel have been able to apply, but it has taken them longer than the armed forces personnel who were situated in the UK during the relevant part of their service five years before, or indeed than others living in this country who were not serving in the armed forces. It is quite wrong for armed service personnel to be disadvantaged in that way.

Although the Bill has a rather grandiose title—the Citizenship (Armed Forces) Bill—which might initially have led Members to think that I was proposing some grand and far-reaching changes to the citizenship or nationality regulations for members of the armed forces, I hope that it is now clear that my intentions are far humbler. This is a small but sensible Bill.

--- Later in debate ---

[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.

[Mel Stride]

The terrible shock to which my hon. Friend refers is presumably exacerbated when someone who was away five years to the day prior to making an application was actually on the front line overseas, perhaps fighting in extremely dangerous circumstances and laying their life on the line at a time when others who are not caught by this anomaly in the 1981 Act might have been back here in the UK in far safer and more desirable circumstances.

[Jonathan Lord]

I could not agree more with my hon. Friend. That is the key point to which this House needs to address itself. What my hon. Friend describes would be a travesty, and I am sure that it has happened to service personnel posted abroad. I read out the example of the overseas service of soldiers from 1st Battalion the Welsh Guards, who will shortly be based in my constituency. As I said, they have seen service overseas in Bosnia, Afghanistan and in many other conflict zones. It is quite invidious that when it comes to their path to citizenship, they should be penalised for their service in such dangerous territories at such difficult times.

--- Later in debate ---

[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.

[Mel Stride]

My hon. Friend is making a powerful case for the Bill. On a narrow point, will he confirm that the benefits and rights conferred by British citizenship in these cases would be exactly the same as those for all naturalised individuals who gain citizenship, whether or not they are members of the armed forces?

[Jonathan Lord]

Yes, that is essentially the case, although I hope that when the Home Office or immigration officials look at a case, if it is one that is on the borderline of the path to citizenship, they will look kindly on service in our armed forces, because it is a noble calling that should be recognised as part of the process.

[Mel Stride]

In the same spirit of looking kindly at such circumstances, does my hon. Friend not feel that where an individual had fallen foul of the anomaly in the 1981 Act previously, and had failed in their first application for that reason, the authorities might look more kindly on the second application as a consequence?

[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.

--- Later in debate ---

[Mel Stride]

I thank my hon. Friend for making that extremely important point. We have the annual report on the armed forces covenant. The Bill proposed by my hon. Friend the Member for Woking addresses one key omission in the last annual report, namely the qualification or otherwise for naturalisation based on where a person happens to be five years prior to making their application.

Some have argued that that is a relatively narrow and small point, but it is a large and significant one, particularly now that it has gained huge public notice as a consequence of my hon. Friend’s Bill. Many of the military charities, including the Royal British Legion, have demonstrably shown support for it. It is therefore important that we give the Bill every possible support as it passes through both Houses.

[Jonathan Lord]

I thank my hon. Friend very much indeed for his strong support for the Bill, and for serving in Committee on a previous private Member’s Bill of mine. He speaks movingly of the Falklands conflict—he and I were at college together at the time—which was a pivotal point for our country. Does he have other insights, perhaps from the armed forces based in his constituency? Has he taken part in the parliamentary armed forces scheme to give him further insights into how much citizenship could mean to our foreign and commonwealth armed forces personnel?

[Mel Stride]

As I intimated earlier, I have never been a member of the armed forces, but I am acutely aware of that through my contacts with constituents and the Royal British Legion, and particularly the Ashburton branch. I should like to take this opportunity to salute all they do to support not only servicemen but their families and those in wider community who are affected when they have difficulties. The Bill is a totemic issue. Were it to fail to pass, it would have serious implications for the message we seek to send to our armed forces in support of them.

The anomaly whereby, if a person happens not to have been resident within the UK five years prior to the moment at which they make their application for naturalisation, they cannot, even at the discretion of the Home Secretary, achieve British citizenship, is quite wrong. I hope the Minister gives serious thought to how reapplications by the small number of individuals who have been caught by that anomaly in the 1981 Act can, in some sense, be looked upon more favourably than if they had not applied or failed in the past because of the anomaly.

[Jonathan Lord]

I am very grateful for my hon. Friend’s strong support and excellent speech, but can he help me? If the Bill is given a Second Reading, will he consider serving on the Committee that scrutinises the Bill?