British Nationality (Regularisation of Past Practice) Bill

Theresa Villiers Excerpts

2nd reading
Tuesday 6th June 2023 Commons Chamber

[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.