British Nationality (Regularisation of Past Practice) Bill

Robert Jenrick Excerpts

2nd reading
Tuesday 6th June 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

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

The Bill seeks to address a technical legal issue identified by the Home Office with a long-standing policy that operated from 1983 until the early 2000s under successive Governments of both parties, relating to the criteria for determining whether European economic area nationals living in the UK during that period were “settled”.

The concept of settlement is important. The British Nationality Act 1981 defines it as being ordinarily resident in the UK and without restriction on the period for which one may remain, and it is also referred to as “free from immigration time restrictions”. As many Members will know, the Act introduced changes for acquisition of citizenship, shifting from a “birth on soil” approach to a requirement for at least one parent to be British or settled in the UK at the time of the birth. Thus the issue of whether or not an individual is settled has a knock-on effect on the citizenship of any children born to that individual in the United Kingdom.

[Layla Moran (Oxford West and Abingdon) (LD)]

I thoroughly welcome the Bill. I have a constituent who falls into this category. She had to prove her nationality, although, having lived here for 33 years—this is the only country she ever knew, and English is the only language she has ever spoken—she did not even know that she was not British until she had to apply for a passport. She was estranged from her mother, and therefore found herself having to have very painful conversations with a family member to prove that she was what she had always thought she was. Does the Minister agree that the Bill will sort out issues of that kind?

[Robert Jenrick]

I strongly agree with the hon. Lady. The Home Office would argue that her constituent has always been British and should be considered so, but there has been a degree of legal doubt following the recent case, so it was right that we brought forward this legislation at the earliest opportunity and that it is retrospective, so that all constituents who have been concerned can know that, clearly in law, they are and have always been British citizens.

[Theresa Villiers (Chipping Barnet) (Con)]

I warmly welcome this piece of legislation. I have a constituent whose son falls into this category and it was frankly alarming for him to be told that his citizenship was in jeopardy. It is really good that the Government have acted so swiftly and I urge everyone in the House to support this legislation. I hope that we will see it on the statute book as soon as possible.

[Robert Jenrick]

I am grateful to my right hon. Friend. She has raised the case to which she referred with me to represent her constituent. As she says, being a citizen of this country is an important and special status, and nobody should be in doubt about whether that is truly legally sound. The Bill puts that beyond doubt, and I am pleased that we have been able to do this expeditiously. I am grateful for her support and, I suspect, that of Members on both sides of the House today.

During the period from 1 January 1983 to 1 October 2000, individuals lawfully exercising a free movement right in England, Scotland, Wales or Northern Ireland—for example, as workers—were considered by the Home Office to be free from immigration time restrictions. Consequently, they were treated as settled for nationality purposes and any children born to them during that period were regarded as British citizens. This interpretation was supported by Home Office policy documents and guidance.

However, as I have just referenced, recent litigation, while not directly challenging that historical approach, has exposed a legal technicality suggesting that it was not correct and that EEA nationals in exercise of a free movement right were not in fact settled, as their residence should always have been deemed subject to immigration time restrictions. This has understandably led to concerns about the citizenship status of individuals born in the UK in the relevant period to parents exercising a free movement right who had always thought themselves to be British and been treated as such by successive Governments. Given the passage of time and the volumes of people potentially affected, the House will appreciate that this uncertainty is not something that we wish to countenance.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Hopefully the Bill will proceed with support from both sides. On a directly related matter, the Minister will be aware that there are thousands of citizens across the United Kingdom, many of them in Northern Ireland, who were born a few miles across the border in the Irish Republic after 1948 but who are currently not allowed to get a British passport. Technically, even though they reside in the UK, have lived in the UK for decades, are taxpayers in the UK and vote in the UK, they cannot get a British passport without naturalising at a cost of £1,300. They have the support of the Northern Ireland Affairs Committee of this House and they have cross-community support in Northern Ireland. Once the passage of this Bill has concluded, will the Minister undertake to look again at this matter, revise it, and hopefully come forward with a proposition that will alleviate the problem?

[Robert Jenrick]

I am grateful to the hon. Gentleman. This is an issue that I am aware of and I would be happy to have a further conversation with him and to give it further thought. We want a fair system whereby British citizenship is available to all those who are naturalised and who have lived here for sustained periods, and a system that is as accessible as possible.

To continue the point I was making, legislating quickly and proactively to provide reassurance is the right thing to do. The Bill will operate by confirming in law the previous policy position. This will protect the nationality rights of people born in the UK to parents who were considered settled on the basis of exercising a free movement right and those who registered or naturalised as British citizens based on that policy. The Bill also clarifies when EEA nationals could be considered settled on the basis of exercising an equivalent right in Jersey, Guernsey or the Isle of Man, which are part of the United Kingdom for nationality purposes. It is right that this approach is adopted in those locations to ensure that no one loses out on a citizenship right to which they have a reasonable expectation of being entitled, based on published policy and operational practice.

[Jim Shannon (Strangford) (DUP)]

Like my hon. Friend the Member for East Londonderry (Mr Campbell), I fully support and welcome the Bill.

I am not sure whether the Minister is aware that, last week, a former leader of Sinn Féin said that, when Unionists talk to Sinn Féin about a united Ireland, it would be Sinn Féin and the Republic of Ireland that would be handing out British passports. I am very proud to have a British passport and the benefits it brings, so will the Minister put it clearly on the record today that people born in the United Kingdom of Great Britain and Northern Ireland will have a British passport; that it will be the Minister, the Government and the Department that will be handing out those passports; and that Sinn Féin and the Republic of Ireland Government will never hand out a British passport to any citizen, and nor should they?

[Robert Jenrick]

The hon. Gentleman makes an important point, and he is right to make that point. I will restate it for him, if that would be helpful.

I want to be clear that the Bill is not about creating new British citizens. These are people who have always considered themselves to be British, and whom successive Governments have also considered as such. They may have lived here, worked here, had children here and organised their lives based on policy published under both Conservative and Labour Governments confirming that they are British. It is essential that we provide them with legal certainty as to their citizenship status as soon as possible, so they can continue their lives in our country with the same rights and entitlements they have always enjoyed.

I think we can all agree that this short but important Bill seeks to do the right thing by putting the citizenship status of affected individuals beyond doubt, and I urge all colleagues on both sides of the House to support its quick passage.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Robert Jenrick]

I am grateful to the hon. Members for Aberavon (Stephen Kinnock) and for Glasgow Central (Alison Thewliss) for their support for the Bill. Hopefully, this spirit of unity will be contagious for other legislation shortly to return to the House.

Let me reply to the specific and valid questions. First, on statistics, I will not repeat the numbers that the hon. Gentleman raised. Those are the best assessment that the Home Office currently has. We do not have a plan to ask the ONS, or any other body, to do further, deeper research. We do not feel that that is necessary, primarily because, by virtue of this piece of legislation, the rights of those British citizens will be confirmed. It will be retrospective, so those individuals should not need to do anything now, other than the small category of individuals whose passport applications were paused. We will need people at the Home Office and the Passport Office to process those applications as soon as possible.

The hon. Lady asked how many applications had been paused. As of 26 May, 95 passport applications were on hold. We are in communication with those affected to keep them updated. Once the legislation passes, it will be beyond doubt that they are British citizens in law and have always been so and we will be able to proceed with their passport applications. I will ask the Passport Office to process their applications expeditiously, so that any inconvenience they may have been put through can be resolved as quickly as possible. There will not be a need for them to pay any additional fee beyond what they have already paid, which will be the normal fee for a British citizen renewing their passport or applying for a first-time passport.

[Alison Thewliss]

When I have experienced casework delays with the Department for Work and Pensions, a consolatory payment is sometimes offered to people where there have been extensive delays. Given that only 95 people are involved, would that be appropriate in this case?

[Robert Jenrick]

We have not considered that, and I do not think it is necessary. We are of course sorry that those individuals have been inconvenienced; that was never the Home Office’s intention, either today or in the past. This litigation was unexpected and we have set out to remedy it as quickly as possible. I hope the hon. Lady will appreciate that we have brought forward this legislation quickly and, as she rightly noted, we have tried to consult relevant stakeholders so that there are good communications prior to its introduction.

The hon. Lady also mentioned Windrush; that is a very serious situation, but is a quite a different situation from the one we find ourselves in here. In this legislation we are reflecting a position that has existed in policy and guidance for several decades. We have responded quickly to implement the legal change necessary, following the court case heard in October last year, to provide that certainty. As I said in my opening remarks, we are not creating any new British citizens here, but recognising the citizenship of that cohort in law whom we had always believed existed and reflected in policy.

We remain absolutely committed, of course, to righting the wrongs of Windrush, whether through the Windrush compensation fund or more broadly, as she referred to, through ensuring that the Home Office makes good on its commitments to the Wendy Williams review. That is something we take very seriously.

In terms of any other impacts upon the individuals concerned here, there should be none. Once we have processed the remaining passport applications, those British citizens can and should continue with their lives as previously. We will ensure that Home Office staff, Passport Office personnel and any relevant stakeholders are properly trained so that, should people come forward with concerns in the weeks, months or years ahead as a result of this case, we can reassure them that, once this has been settled in law, they are and have always been British citizens.

I hope that responds to all the points made. With that, I shall conclude my remarks.

Question put and agreed to.

Bill accordingly read a Second time.

British Nationality (Regularisation of Past Practice) Bill

Robert Jenrick Excerpts

Committee of the whole House
Tuesday 6th June 2023 Commons Chamber

[Robert Jenrick]

Given the short nature of the Bill, I will not delay the Committee unduly, but I want to explain briefly the nature of the clauses.

Clause 1 amends the British Nationality Act 1981 to confirm that an individual exercising a free movement right in the UK in the relevant period was not subject to restrictions on the period for which they could remain. The aim of this clause is to provide legal certainty on the citizenship status of individuals born in the relevant period to a parent who was considered settled on the basis of living in the United Kingdom and exercising a free movement right here, or those who registered or naturalised based on that policy.

The clause does not create new British citizens where there would previously have been no reasonable expectation, on the basis of published policy and operational practice, of being British. It does not change anything for people who have always been considered British; rather, it simply confirms in law the position they have always been in. The clause does not necessitate that they make a separate application to become British and is not related to the UK’s departure from the European Union. This issue has arisen separately and has been highlighted by the recent domestic legislation.

--- Later in debate ---

[Robert Jenrick]

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

If only all Home Office Bills were as smooth as this one. It is a pleasure to speak on Third Reading and to use this opportunity to thank my officials at the Home Office for the good work they have done in producing this Bill in quick time, which provides the legal certainty that a significant number of people in this country—our fellow citizens—deserve. It is absolutely right that we put their citizenship status beyond doubt as quickly as possible, so that they are in no way disadvantaged and can continue their lives with the same rights and entitlements they have always enjoyed.

I thank all those who have prioritised the passage of the Bill through the House, including the House authorities and the Bill team. I particularly thank representatives from the Project for the Registration of Children as British Citizens, the Immigration Law Practitioners’ Association and the3million, which have worked collaboratively and fruitfully with Government officials as the Bill has been developed.

I also thank the hon. Member for Aberavon (Stephen Kinnock) and the hon. Member for Glasgow Central (Alison Thewliss) for their support, which is appreciated, and Members on both sides of the House who came today to represent cases that had arisen in their constituencies. They can now report to their constituents, as we all can, that this important matter is being resolved. For the reasons I have set out, I urge all Members to support the Bill in its passage to the other place.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.