The Bill’s promoter is unavoidably absent from the Chamber for a few moments, but he will have to answer that question. My understanding, however, is that the answer is yes. We are creating a special dispensation today because we say, “Surely if someone has served their country for five years, they should not be disadvantaged in getting British citizenship just because they have been serving in Afghanistan or elsewhere.” That may be a controversial statement but what greater qualification is there to become a citizen of a country than to have served that country?
All armies in history have done that. The quickest and best way to become a citizen of the Roman empire was to join a Roman legion, and there was very good thinking behind that. I do not think we should be in a different position, but, again, this is for the Minister to answer. I am still not clear, however, not only about exactly how many people will be involved, but whether, if this Bill becomes law and the 1981 Act is still in place, someone who has joined the armed forces, behaved well and served for five years but has never set foot in this country will pretty well have an automatic right to become a British citizen. They will have to go through the normal processes, of course, but is that the thinking? I am not sure whether I have had an answer to that yet. I know some people watching this debate may not agree with that, but I just ask the question—I am not sure I have an answer myself. Are we now moving to a situation where someone who joins the British forces, serves overseas all that time and never sets foot in this country can become British citizen? Will the Minister please make a particular note of that question and answer it.
I ask that because the 1981 Act requires that
“on the date of the application he is serving outside the United Kingdom in Crown service”.
No minimum period of service is specified, nor is there any requirement to be present in the UK at any particular time. However, those who are not overseas or not still in service at the time of applying for naturalisation cannot benefit from the provision. These are all technical but important points.
The provisions made in the 1981 Act are, however, used sparingly, as we know. Home Office guidance sets out that criteria such as rank and quality of service should be considered when assessing applications. Quality of service is of key importance in the assessment, with
applications that do not satisfy on that ground being unlikely to be accepted, regardless of whether they satisfy statutory requirements.
The amendments made by the Borders, Citizenship and Immigration Act 2009 give the Secretary of State discretion to waive all residential requirements where
“a particular case…is an armed forces case”,
where the applicant was a member of the armed forces on the date of the application. That does not, however, cater for individuals who have left the armed forces. I have said enough to reveal that these are complex legal areas that need to be tidied up.
Before I sit down, I wish to make a more general point about the armed forces, a subject in which I take a great interest as chairman of the Conservative party’s Back-Bench defence and foreign affairs committee. I hope that you will forgive me, Mr Speaker, if I use this opportunity to say that I am worried about the number of personnel in our armed forces and what is happening to our armed forces. I am now ranging a bit wide of the narrow point we are discussing. It has been a turbulent time in the Ministry of Defence, with a report due on the Defence Reform Bill at the end of October. A budget cut of 1.9% for 2015 will add to the large-scale cuts that have already been taking place, including recent reductions in the number of senior military officers. Many critics have voiced fears that such reductions could leave the UK with a smaller than adequate armed service.