British Nationality (Regularisation of Past Practice) Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Tuesday 6th June 2023 Commons Chamber

[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.

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Minister for that introduction and overview of the Bill. It is not often that I find myself in full agreement with him but, in this case, I am very pleased to say that we are on the same page. I am used to sparring with him—verbally, of course—on a range of topics on which we have not always seen eye to eye, but the Opposition welcome the Bill and the Government’s commitment to its expedited passage.

This is a narrow piece of legislation that addresses a specific issue. Its purpose is not to implement any changes in legal entitlements to British citizenship but, rather, to codify in primary legislation what has been the established position of successive Governments of both parties. As such, we have not seen any reason to table amendments and we are happy to work with the Government to facilitate the Bill’s swift passage and implementation.

The Bill covers individuals born in the UK to parents from EU countries between 1983 and 2000. It codifies their right to citizenship, in line with successive Governments’ understanding of the British Nationality Act 1981. Many of these people will have held a British passport for many years. However, recent litigation in the Roehrig case raised potential problems for those applying for a passport for the first time. The explanatory notes suggest that only a small number of first-time applications have been made, which the Home Office placed on hold in October 2022, as a result of the Roehrig case. The Government’s position is that the Passport Office will be able to move forward with those applications once this Bill takes effect. Beyond that, the total number of people who may be covered by this legislation remains unclear. According to the equality impact assessment:

“no official figures exist to highlight the scale of the cohort impacted. However, we have combined data from two sources to reach the conclusion that there were in the region of 167,000 children born to EEA mothers between 1983 and 2000”.

So I want to ask the Minister a few questions. I totally understand if he cannot answer all of them now, but it would be useful for the House to have some clarification. I reiterate that we are ready to support the Government in moving this Bill through Parliament as quickly as possible. My questions are primarily on issues of implementation, on which further detail of the Government’s plans would be helpful to the House. Given the substantial gaps in the official data available, does the Home Office have any plans to work with the Office for National Statistics to carry out further research on the number of people who may be affected, particularly in terms of first-time applicants for a British passport?

Secondly, the explanatory notes state that once the Bill is enacted, the Home Office will be in a position to resume the processing of passport applications placed on hold in October last year. Will the Minister confirm that that means the Passport Office will restart the decision-making process immediately upon the Bill’s entry into force? Thirdly, what steps does the Home Office plan to take to ensure that the individuals affected are provided with access to advice and support on their rights and, where relevant, on what action they may need to take to obtain confirmation of their citizenship status and whether and how they may need to apply for a passport? Fourthly, for those who have already applied for their passport and others who may wish to do so, will the Minister confirm whether there will be any expedited procedures to process such applications without any further delays? Finally, will he clarify the Government’s position on any fees that may be payable and whether there are any plans to waive fees for the applicants in question? I feel that in the coming months Members from both sides of the House may well come across some of those issues in their constituencies, and I am sure everyone would find it helpful to have that information on those points. As I say, the Opposition support this Bill and are happy to facilitate its rapid passage through Parliament.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Scottish National party spokesperson.

British Nationality (Regularisation of Past Practice) Bill

Baroness Winterton of Doncaster Excerpts

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

[Dame Rosie Winterton in the Chair]

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I remind hon. Members that in Committee they should not address the Chair as Deputy Speaker. Please use our names. Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable.

Clause 1

Immigration restrictions to be disregarded in certain cases

Question proposed, That the clause stand part of the Bill.

[The First Deputy Chairman]

With this it will be convenient to consider clause 2 stand part.

--- 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.

[Stephen Kinnock]

I echo everything that the Minister has just said and add our thanks to his officials and all the key organisations that have played a role in shaping the Bill. I also want to say to the Minister that this is very much a one-off—this sort of outbreak of violent agreement is a bug, not a feature. As I have said, we on the Labour Benches are very happy to support the rapid facilitation of the Bill through Parliament.

[Madam Deputy Speaker]

I call the SNP spokesperson.