709
British Nationality
Lord Belstead: I am accepting the principle.
[20 OCTOBER 1981 ]
Lord Leatherland: My Lords, the Minister has indi- cated his assent to that question by nodding his head. Can we ask I ask it as an old reporter--how that will be recorded in Hansard?
Lord Swinfen: My Lords, I just wonder whether there is a way round this. Can my noble friend Lord Geddes, who already has his copy of the Bill marked, not put a manuscript amendment on all the amend- ments on the Table at the moment? Is that a matter that would be procedurally correct?
Lord Skelmersdale: My Lords, I perhaps should inform my noble friend that manuscript amendments are not allowed on Third Reading of Bills.
Lord Geddes: My Lords, I shall be very brief. I should like again to thank my noble friend on the Front Bench, and indeed every noble Lord who has spoken. We have all tried hard to find a way round this. I would be unfair to the principle behind this amendment if I did not say that I must reserve the right if the Bill is not satisfactorily amended in another place, to bring the consequential amendments again if the opportunity should arise. But I do most appreciate the acceptance by my noble friend on the Front Bench, and I beg leave to withdraw the amend ment.
Several noble Lords: No!
Lord Geddes: I beg your Lordships' pardon. I do nothing of the sort.
On Question, amendment agreed to.
3.40 p.m.
Lord Belstead: My Lords, I beg to move that this Bill do now pass. Despite the fact that a piece of important work at the very end of the Third Reading stage was nearly not completed, I am glad of this opportunity to express my thanks to your Lordships for the work which has been done on the Bill. The House has taken great care over the details of the Bill and has shown yet again concern that the individual should be properly protected in his or her dealings with the state. I will not attempt to detail one by one the amendments we have made, but perhaps I could say a few words about the major changes which the House has made and about some of the changes which, although they are less important, will be looked at as of great significance by particular people.
First, of course, there are the changes in the arrange- ments for the transmission of citizenship. We have greatly simplified these arrangements and have en- sured that the children of British citizens by descent will be entitled to British citizenship if they are in the second generation born abroad and their parents can meet an absolutely clear residence requirement which, I think it is fair to say, was recognised both as desirable and reasonable when we discussed that matter on Report. And beyond the second generation, there will still be opportunities for children to acquire British. citizenship. There is the entitlement under Clause 3(1) if the family returns to live in this country for three
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710
years, and the Home Secretary also has discretion under Clause 3(1) where the child continues to live abroad. In those cases the nature of the links with this country obviously needs to be assessed before our citizenship, and the right of abode, can be granted. In that context, it will obviously be right for any business or employment connection with this country to be fully and sympathetically taken into account.
Secondly, there are the changes that have been made to clarify a person's right of access to the courts where an application for citizenship as an entitlement has been refused. The House has made it clear that people may go to the courts to challenge such a refusal and that nothing in the Bill prevents that. We have re- moved references in entitlements in the Bill which might have implied that no entitlement could have been held unless the Secretary of State was satisfied that specified requirements were met. And as I have said, the requirements for entitlement to citizenship by descent have been greatly clarified and simplified. We hope that these changes will be recognised as a positive contribution to a clearer Bill.
As to the other changes, which will be much wel- comed by particular groups, there is the discretion to allow longer periods of absence during the first 10 years of the life of someone born in this country who applies for citizenship in his or her own right under Clause 1(4). I am glad that we were able to devise a way of meeting the concern which was expressed by many of your Lordships on that point. Then there is the recognition of the special position of those of our citizens em- ployed by European Community institutions, reflected in the addition to Clause 2 agreed on Report, a measure which owes much to the advocacy of my noble friend Lady Elles. The Government are glad that it has been possible to recognise the service such people give to the United Kingdom and our partners in the European Community in that way.
I speak on behalf of the House as a whole-because the suggestions came from all parts of the House- when I say that your Lordships have made a number of useful changes in the language requirement for applicants for naturalisation under Clause 5. The requirement has now been removed altogether for husbands and wives, a measure which could greatly help women from the third world who may not have opportunities for learning English. There will now be a discretion to waive the language requirement on grounds of mental condition- a matter which was brought to our attention by my noble friend Lord Renton-a measure which will, we believe, help to relieve the particularly painful situaion of parents of mentally handicapped adults who are anxious that their child should be able to secure citizenship.
Finally, your Lordships will remember that the House admitted Scottish Gaelic to the language test, a measure which was, I know, greatly welcomed in Scotland. I will not conceal the fact that I am glad we were able to meet the noble Lord, Lord Pitt, on changes to the preserved entitlements in Clause 6, which will particularly benefit young people in the ethnic minority communities and will ensure that those of them who have been long resident here but born elsewhere will be able to secure British citizenship, Where when they are of age, as an entitlement. appropriate, these changes have been carried into
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