Borders, Citizenship and Immigration Bill [HL]

It was proposed to put all the amendments in this area into the conversation and that is still a way forward, but I should do two things beforehand. First, in discussing the previous amendment, the noble Lord indicated that he would allow no conditions to what he would commit to in discussions of that amendment. The Government are not committing themselves either ahead of that to make changes in the law. However, it does need an understanding of why those conditions were sought so as to allow a more sensible, temperate and—in the eyes of some—more sympathetic decision to be made. It might be useful to read into the record my response to the noble Lord and questions and answers can be taken afterwards in a more general discussion. The Government would resist the amendment as it appears in the Marshalled List. The proposed amendment would remove in its entirety the proposed Section 4D. The amendment proposes that British citizenship otherwise than by descent be acquired automatically at birth by any child born outside the UK to a parent serving in the Armed Forces at the time of birth. The proposed amendment would therefore deal with children born to British citizens serving in the Armed Forces. However, this class of persons is already provided for by Section 2(1)(b) of the Act which deals with British citizens serving outside the UK in Crown Service as Crown servants, including those in the Armed Forces. The proposed amendment would therefore in part replicate the effect of existing statutory provisions. However, I also understand that the purpose of the amendment may be to enable those born overseas to foreign and Commonwealth service personnel to acquire British citizenship automatically rather than by registration. We have elected to provide that citizenship be acquired by registration under the proposed Section 4D because we believe that it is right to enable foreign and Commonwealth nationals who are not themselves British citizens to determine whether they wish their child to acquire British citizenship where that child is born outside the UK. This will enable those parents to consider, first, for example, whether acquisition of British citizenship would lead to the loss of another citizenship that they feel is more important for their child to acquire. Secondly, even if there is no conflict in regard to dual nationality and the domestic law of another state, it is still possible that the parents may nevertheless not wish their child to acquire British citizenship. As a result, it is right that the parents of those born overseas decide what citizenship their child acquires. The second and third amendments in this group would allow a person to register as a British citizen under the proposed Section 4D if born in the relevant circumstances before commencement of the provision—that is, those born outside the UK and qualifying territories where, at the time of the birth, at least one parent was a member of the Armed Forces. Children born in such circumstances are currently able to register as a British citizen at the discretion of the Secretary of State under Section 3(1) of the British Nationality Act 1981 following, in the main, their return to the UK with the family unit on conclusion of an overseas posting. Alternatively, those individuals who return to the UK, do not register as a British citizen while a minor and remain resident in the UK can naturalise as a British citizen under Section 6(1) of the British Nationality Act 1981 when they are an adult. It is also right to remember that the proposed Section 4D, which Clause 42 inserts, is based on a desire to remove obstacles to the acquisition of British citizenship for those born overseas to foreign and Commonwealth service personnel on active posting at the time of birth. This is a government commitment made clear in the Command Paper presented to Parliament in 2008, The Nation's Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans. This is principally to ensure that, as has historically been the case, the mother of the child does not need to travel to the UK when heavily pregnant in order to ensure that the child acquires British citizenship automatically at birth as a child born to a parent who is settled for nationality purposes in the UK or qualifying territories. Such a mother will instead be able to give birth to her child overseas and the child can be registered as a British citizen from abroad. This is what our foreign and Commonwealth service personnel want and it will encourage ongoing service in our Armed Forces by removing current obstacles faced by the family unit. Persons born outside the UK to foreign and Commonwealth service personnel since commencement of the British Nationality Act 1981 have been able either to register as a British citizen when a minor on their return to the UK or to naturalise as a British citizen as a result of ongoing residence in the UK when an adult. For those who are still children but have not yet been registered, Section 1(3) remains open as an avenue to registration as a British citizen. This means that no one is currently losing out. The proposed Section 4D is designed to facilitate the acquisition of citizenship by those yet to be born overseas in the relevant circumstances. Children born before commencement already have routes to citizenship. For those reasons, the Government are confident that there is no strong argument for accepting the amendments. Further, when considering this matter, it is important to be conscious of the fact that the majority of those posted overseas in the UK Armed Forces are single men, the majority being in the Army, and that they travel alone and are without a spouse or civil partner. We estimate that currently fewer than 200 children a year are born to a parent serving overseas at the time of birth. Most of these have in any case been born in the UK and have acquired British citizenship automatically at birth. That is the reasoning behind the Government’s resistance to these amendments. However, as I said previously, were the amendment to be withdrawn, we think that it would be useful, if the noble Lord wishes, to continue the discussion on this and other matters.