We have made clear that such people may go to the courts to
challenge such a refusal, and that nothing in this Bill prevents
this. We have altered entitlements in the Bill to remove provisions
that required applicants to satisfy the Secretary of State that they
met specified requirements, since it was argued that such a provision
could restrict an applicant's access to the courts. Under the Bill
as it now stands, applicants for entitlements still have to meet
various requirements, but their entitlement will not depend on their
satisfying the Secretary of State that they do so. The requirements
themselves have, in the descent provisions, been greatly clarified and
simplified. These changes will, we believe, remove the fears that
have been expressed about the position of applicants who are refused
an entitlement, and we hope that they will be recognised as a positive
contribution to a clearer Bill.
6. I turn now to other changes which will be very much welcomed by
particular groups. These include the discretion to allow longer
periods of absence during the first ten years of the life of someone
born in this country who applies for citizenship in his own right
I under clause 1(4). I know that many members of your Lordships' House
were concerned at the effect of the limits on permissible periods of
absence, and I am glad that we have been able to devise a way of
meeting this concern.
7. Then there is the recognition of the special position of those of
our citizens employed by European Community Institutions reflected in
the addition to clause 2 agreed on Report a measure which owes so
much to the advocacy of my noble friend the Baroness Elles. The
Government is 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 this way.
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