Borders, Citizenship and Immigration Bill [Lords]

Let me try to respond to the points raised. New clause 1 was debated first, so let me explain the situation with that. Section 31(3) of the British Nationality Act 1981 currently provides for British subjects born in the Republic of Ireland before 1949 to make a declaration to retain the British subject status they acquired at birth. The new clause seeks to extend that provision to those born after 1949. I shall not repeat the historical background that my hon. Friend the Member for Thurrock (Andrew Mackinlay) has already covered. Before 1 January 1949, southern Ireland was part of the Crown's Dominions. Anyone born in that territory therefore acquired British subject status at birth. On 18 April 1949, southern Ireland became an independent republic outside the Commonwealth, although for nationality purposes, that change effectively took place from 1 January 1949. As such, southern Ireland's British subjects were deemed to have ceased to be British subjects on 1 January 1949, when the British Nationality Act 1948 came into force. A person born in southern Ireland would retain that status automatically only if he or she became a citizen of the United Kingdom and colonies or a citizen of a newly independent Commonwealth country. Section 2 of the 1948 Act provided that a citizen of Eire who was a British subject immediately before 1 January 1949 could retain that status by making a claim in writing to the Secretary of State under certain conditions. That provision was replaced by section 31(3) of the British Nationality Act 1981, which allows those born in the Republic before 1949 to make a claim in writing to remain a British subject under certain conditions. The new clause will effectively extend these provisions to those born in the Republic of Ireland after 1 January 1949. However, as the Republic effectively ceased to be part of the Crown's Dominions on that date, British subject status could not have been acquired by birth there after that date. The new clause would not therefore allow those born after 1949 to elect to retain British subject status, as they would never have held it in the first place. The status of British subject continues to exist in British nationality legislation as a result of Britain's historical legacy. However, the only people who hold that status are certain people with a connection to southern Ireland, or with India and Pakistan. As such, the numbers holding that status will reduce over time and we do not wish to create a new route to British subject status. Those Irish nationals who were born after 1949 and wish to become British citizens can do so through naturalisation, based on a period of residence in the United Kingdom. We do not believe it would be right for Irish nationals who do not have British subject status to be treated any differently from those of other nationalities, including, of course, other European economic area nationals, who are required to demonstrate an ongoing connection with the United Kingdom through residence, settlement and knowledge of English and of life in the United Kingdom.