The Bill gives the Secretary of State more discretion than he has had hitherto, but we are trying to look forward more than we are trying to look back. We cannot remedy all anomalies, but I am sure that the Minister will have a view on how the Secretary of State would use that discretion for past cases.
To apply for naturalisation under section 6(1) of the 1981 Act, a person must have been resident in the United Kingdom for the previous five years. While the Secretary of State has the discretion to disregard time spent outside the UK during that period, an applicant currently must, in all cases, have been in the UK at the beginning of that five-year period. That means that foreign and Commonwealth citizens serving in our armed forces who are posted overseas may have to wait longer than those who remain in the UK before being able to naturalise as British citizens, and that cannot be right.
The Bill implements a Government commitment in the armed forces covenant 2011 for new legislation to be introduced to enable foreign and Commonwealth service personnel to be exempted from the requirement to be in the UK at the start of that residential period for naturalisation as a British citizen, if in service on that date. Clause 2 sets out clearly the territorial extent of the Bill: England and Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man and the British overseas territories.
Both clauses would come into force two months after the Bill receives Royal Assent. It is not anticipated that the Bill will lead to additional public expenditure. With regard to public sector manpower, no changes are expected to staffing at the Home Office, which is the Department responsible for processing applications for naturalisation. The Bill is not regarded as having any regulatory impact, nor will it lead to costs or savings for business, public or civil society organisations, regulators or consumers. It is a pleasure to introduce the Bill to the House this morning. I pay tribute to the work of the Home Affairs (Armed Forces Covenant) Sub-Committee, which mentioned the desirability of the measure in October 2010. It has the benefit of Government support and, I very much hope, cross-party support, too.
The enshrinement of the armed forces covenant into UK law in 2011 was a good moment in the three years that I have served as Member of Parliament for Woking, and I am sure that many Members across the House feel the same. The Government and Parliament have a moral obligation to their servicemen and women, who are asked to risk their lives for our country. That obligation extends well beyond the time when each of them leaves the Army, the Royal Navy or the Royal Air Force. Parliament chose to enshrine two key principles into law: first, that it is desirable that members or former members of the armed forces suffer no disadvantages arising from their time served in the military; and secondly, that special provision for them may be justified in certain circumstances. These are fundamental principles that reflect our country’s high esteem and value for the military and its personnel, and the important and sometimes difficult and dangerous work they do.
I am fortunate to have the Pirbright barracks in my constituency, which, with the arrival of the 1st Battalion the Welsh Guards, will shortly have an additional 600 service personnel and their families. A guardsman who has served with the battalion for the last 10 years will have been on tours to Northern Ireland, Iraq, Bosnia, Kosovo
and Afghanistan, which will have been interspersed with firefighting, training and exercises all over the world. In addition, they will have carried out state ceremonial and public duties, demonstrating the busy nature of our modern armed forces. Indeed, the 1st Battalion the Welsh Guards has done two tours of Bosnia and two tours of Afghanistan. They are brave servicemen and women.