UK Parliament / Open data

Citizenship (Armed Forces) Bill

Proceeding contribution from Margot James (Conservative) in the House of Commons on Friday, 13 September 2013. It occurred during Debate on bills on Citizenship (Armed Forces) Bill.

It is a pleasure to follow my hon. Friend the Member for Central Devon (Mel Stride) and to reinforce many of the points that he has made. I congratulate my hon. Friend the Member for Woking (Jonathan Lord) on choosing such an important subject for his private Member’s Bill.

As we have heard, there are 9,000 foreign and Commonwealth personnel serving in our armed forces. Without negating the desirability of recruiting more British-born personnel to our armed forces, the House is in accord when it comes to the huge contribution that members of the Commonwealth have made to our armed forces over the years. My hon. Friend gave the first world war as an example, and I intervened to point out that this country was in great need of the services of people from the Commonwealth in the second world war. So this tradition goes back a long way.

More recently, we have been fortunate to have the services of people from the Commonwealth in Iraq, Afghanistan and many other parts of the world, sometimes in conflict situations, sometimes in peacekeeping roles and also in meeting sudden needs in this country, such as the security challenges for the Olympics last year. It is a crucial part of the military covenant, and I am proud to be a supporter of a Government who have put such store in that covenant. As the Bill proves, there is still some way to go to honour fully the spirit of the covenant and ensure that we demonstrate our moral obligation to members of the armed forces, and their families, who make such sacrifices for the nation. We must also counter any disadvantages they might suffer by dint of being members of the armed forces. Most importantly, we must compensate them with special treatment wherever appropriate.

My hon. Friend mentioned that the concept of the military covenant goes back to Roman times, with the issue of nationality and the status that it gives being the ultimate reward for people who put their lives at risk serving their nation. Men who served in the Roman

army were automatically given the status of Roman citizenship, and it is that principle that I hope we will be able to see into British law today.

The UK Border Agency is trying to improve the situation for people from overseas and Commonwealth territories who serve in our armed forces in several ways to ensure that immigration and nationality issues do not disadvantage them. It currently does so in a number of ways. We have seen that army charities support the Bill as a way of reducing discrimination on matters of nationality, and I would like to quote the Army Families Federation, which sums up the welcome for the Bill:

“This legislation will make a big difference to the many soldiers and their spouses who are currently prohibited from applying for Citizenship because they were serving overseas or were on operations at the start of the 5 year residential period. The current rule has been disproportionately disadvantaging members of HM Forces and their families for many years, and the AFF is fully supportive of the proposed changes”.

I am sure that in its support the AFF and other charities are mindful of the fact that the people who join the armed forces are subject to service law. That distinguishes them from people in other occupations, in that once they are committed to a career in the armed forces, they have no choice about being deployed overseas, often at short notice. It therefore comes as no surprise that there have always been, and, unless the Bill is passed there will always be, individuals who are in the wrong place at the wrong time in the service of our country while putting their lives on the line.

The Bill is incredibly important. It may affect only approximately 200 people at any point in time, but the House is not just about protecting the rights of the many; it is also about protecting the rights, liberty and equal treatment of the few, and I can imagine that for those 200 people this is probably the most important thing in their lives. I can well imagine the shock on realising that they are barred from citizenship. I am sure that most of them are unaware of the state of the law until they embark on the application process.

I would like to talk a little more about the military covenant, as it is the basis for the legitimacy of the Bill. I was interested to read the armed forces covenant annual report published last year. There was a lot in the report—if Members are interested, it is available in the Library—about the challenges facing people from the Commonwealth serving in our armed forces when they come to apply for citizenship or exercise their rights. The report received many contributions from charities such as the Naval Families Federation, the Army Families Federation and the RAF Families Federation. My hon. Friend the Member for Woking cited in support of his Bill many of the charities that have contributed to the report and to the ongoing monitoring of the military covenant in practice. He mentioned, of course, the Royal British Legion, with which all Members work in their constituencies, particularly on key dates of the year, such as national Armed Forces day and, most importantly, Remembrance day. These groups have given their time to monitor the progress of the military covenant. When my hon. Friend takes the Bill through Committee, as we all hope he will, he might consider some related issues on nationality. The charities that contributed to the report, particularly the Army Families Federation, receive regular, continued complaints about families receiving inconsistent advice from the

UK Border Agency. I am pleased that the Government are listening to those complaints and that changes are in train that should allow those families to be treated like any other family applying for visas. That is crucial.

The other matter that I want to raise concerns an issue that I mentioned in brief earlier. In order to ensure greater consistency, there is a need for guidance from the Home Office and the Ministry of Defence to clarify, both for case officers considering applications for settlement and naturalisation and for applicants, how people’s military service will affect an application. As I mentioned earlier, at the moment, applications for settlement and naturalisation can be rejected on the basis of military offences, which I understand can be quite minor in nature and which, importantly, would not incur a conviction in civilian life. That is surely an example of a disadvantage of being a member of the armed forces, which the military covenant is designed to remove.

The military covenant has been successful at removing discrimination in other areas and making special allowances for the fact that those leaving the armed forces will be at a disadvantage for having served. I am thinking, for example, of parents with primary school-age children who move to an area where there is huge pressure on primary schools. Such parents are being helped by the special measures that are now being put in place. I cite that as an example of the Government’s acknowledging that members of the armed forces are at an inherent disadvantage by virtue of their former profession. The Government are correcting that disadvantage. Indeed, there are many other examples, which Members will know from their constituencies—citing them would perhaps force me to stray too far from the Bill—of where the Government have righted previous wrongs. This is an important area that my hon. Friend the Member for Woking is giving us a chance to address.

In conclusion, we hope that the military covenant will be a living instrument. We need to build on progress and sustain the momentum, to uphold the principles of no disadvantage and, crucially, of special treatment—I have given an example in education, but there are many others, including in health. The Bill contributes significantly to that momentum.

About this proceeding contribution

Reference

567 cc1310-2 

Session

2013-14

Chamber / Committee

House of Commons chamber
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