Clause 1 - Naturalisation:

Nationality, Immigration and Asylum Bill – in a Public Bill Committee at 4:45 pm on 30 April 2002.

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Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs) 4:45, 30 April 2002

I beg to move amendment No. 91, in page 1, line 4, leave out subsection (1).

Photo of Eric Illsley Eric Illsley Labour, Barnsley Central

With this it will be convenient to take the following amendments: No. 15, in page 1, line 7, leave out

'sufficient knowledge about life in the'

and insert—

'a basic knowledge of the history and government of the'.

No. 16, in page 1, line

7, leave out 'sufficient' and insert 'basic'.

No. 45, in page 1, line

7, leave out 'sufficient'.

No. 22, in page 1, line

7, after 'about', insert 'political, civic and multicultural'.

No. 92, in page 1, leave out lines 12 to 14.

No. 46, in page 1, line 12, leave out 'sufficient'.

No. 47, in page 2, line

7, leave out 'sufficiency of'.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I shall speak to amendments Nos. 91, 45, 92, 46 and 47, which were tabled by my hon. Friend the Member for Sheffield, Hallam and me. Other amendments in the group were tabled by the hon. Members for Woking and for Walthamstow.

The clause immediately takes us into part 1, which deals with nationality, and provides that the Government should be able by regulation to set additional requirements for the granting of British nationality to those who do not already have it and sets out processes for obtaining naturalisation. The crucial proposition is that the person in question should have

''sufficient knowledge about life in the United Kingdom''.

I should be intrigued to know whether there is a precedent for that phrase or whether it has been specially drafted for the Bill.

The amendments explore what sufficient knowledge means. I should like to clarify how many people we are talking about. In 2000, the last full year for which figures are available, 82,000 people were granted British citizenship: 45 per cent. were given citizenship on the basis of their residence; 35 per cent. because of marriage; and nearly 25 per cent. were children. Citizens of countries in Asia and Africa accounted for 45 per cent. and 25 per cent. respectively of that total. A graph of the last decade reveals an interesting pattern: the numbers have gone up and down. They went down from 1991–2, then up a bit, down for couple of years, up a little bit and then down again. Then they were higher for the next couple of years and went up again in 2000. The number has always stayed in the tens of thousands.

Amendments Nos. 91 and 92 seek to find out whether the phrase

''has sufficient knowledge about life in the United Kingdom''

is a concept that can be tested. The proposition is difficult because life in the UK is complex. I am looking at the hon. Member for Gloucester (Mr. Dhanda). I know his constituency quite well. I passed my driving test there. Life in Gloucester is somewhat different from life in Bermondsey. Life in Woking is different from life in Wallasey, and life in Stirling is no doubt unique, just as life in Sheffield is unique. Life in the UK has some commonality but varies greatly. Life in Northern Ireland is fundamentally different because of the Irish dimension. Life in the islands of Scotland is fundamentally different, too.

The key issue is whether there is something that can give people who come here an understanding of life in the UK. Some of those who have made representations to us, such as members of the Immigration Law Practitioners Association, who deal with these issues every day of the week and who have huge expertise, have reservations about whether we can talk about, teach and assess that. Who will teach and assess it? Of course, it should be done in a way that reflects the variety of the country, but it might be quite difficult to get it done in a way that reflects Gaelic, Welsh and English, Scottish, Northern Irish and all the English regions too.

There is an understandable fear that those criteria will operate as barriers to citizenship for people who want to come here. By definition, they are asking to come. They will be keen to adapt. Those barriers do not apply to our children and grandchildren as they become adults. I exaggerate to make the point, but my experience of recent years is that some of the people who behave least like citizens of this country and understand their responsibilities least are not those who have come here and sought citizenship but those who have been born and brought up here. Many of those who seek to come here and are accepted are

extremely respectful of and sympathetic to the cultural environment here.

I made the point on Second Reading that if we go down this road, I hope that we will equally and quickly have a similar process for ensuring that home-grown youngsters as they become adults show the same sufficient knowledge of life in the UK. It would be grossly unfair for someone from Sri Lanka or Uganda to have to pass a test that requires them to have more knowledge and a better command of the English language than someone brought up in Stockport, Surrey or Suffolk, for example.

Photo of Gregory Barker Gregory Barker Conservative, Bexhill and Battle 5:00, 30 April 2002

Does the hon. Gentleman agree that the prime motivation for most people who come to this country is not that they are fans of Great Britain who have read about it and want to come here and be citizens? In fact, they invariably, and certainly in the case of asylum seekers, are fleeing persecution or a country that offers them no opportunity or future. The choice of Britain is often a negative rather than a positive one. Asylum seekers and many economic migrants come here not because they are keen to come to Britain but first and foremost because they feel an overwhelming urge to get out of their country of origin, in which they were born, in order to improve their lot and that of their families.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I understand that, but there is a big difference between the two categories. Asylum seekers have as their proper motivation escape from a place where they feel they cannot stay. They are generally less bothered about where they go, provided that it is safe. However, we are not discussing that. By definition, when asylum seekers are given that status, they are given not citizenship but a right to be here, which is either limited or unlimited. They are given either refugee status or another status. In this case, we are discussing people who might have come in by that route but who, perhaps having married someone who is British, want five, 10, 15, 20, 30 or 40 years later to become British. The Lord Chancellor recently found that a few people who had been justices of the peace for ages suddenly realised that they were not United Kingdom citizens, even though they had lived here for 30 years and were married to British citizens, and that they would have to lose their job as JPs.

Many people come. We all have constituents—I have many—who at some stage decide to come here and be British. I hope that the hon. Gentleman will understand if I say that we must take the asylum seeker issue out of the debate, as asylum seekers come for other reasons. Many who come for economic reasons are not motivated by a desire to come to Britain. People who ask to be British have made the big decision to be principally based here—like moving house, but usually for life, as people do not change nationality more than once. Many countries do not allow people to hold more than one nationality, and once people give up one, they usually cannot get it back. That raises issues in this context. If someone is deprived of a nationality after having changed it, they might be stateless. There is a real debate about that.

Amendments Nos. 45 to 47 offer an alternative. They would allow the Government to tell us what they regard as sufficient and who will judge sufficiency. It

may be better for knowledge of the United Kingdom to be judged objectively at a lower threshold. ''Sufficient'' must be higher than knowledge of the United Kingdom as a whole. Questions also arise about how that can be applied to people in different circumstances with a different language base, for example.

Some of the issues that arise under the clause relate to ensuring that we get right any tests or requirements and that they are applied sensitively. I am conscious that the Bill ensures another round of discussions, as it will involve regulations further down the track. However, unless we get the definition right in clause 1 and decide on a phrase to define how we judge someone, we may encounter difficulties later. I look forward to the Minister's response.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

I want to speak to amendments No. 15, 16 and 22, which are purely probing amendments. I am sure that the Government will give us some answers that will take the debate forward. They are not lead amendments, but even if I were able to, I would not seek a Division on any of them.

As the hon. Gentleman said, the Bill requires the applicant to have

''sufficient knowledge about life in the United Kingdom''

Amendment No. 16 would insert a lesser standard into the Bill. Amendment No. 22 was suggested by the Immigration Advisory Service. When I referred earlier to the programme motion, I drew attention to several organisations that had contacted me. The Refugee Legal Centre is yet another body that made many constructive suggestions.

I do not know what the phrase

''sufficient knowledge about life in the United Kingdom''.

means. It cannot be defined. People in many communities throughout the land have many different lifestyles. Life in the United Kingdom is so wide and all-encompassing that if I were an examiner asked to set a GCSE—or, in my case, something slightly easier by way of a test—featuring life in the United Kingdom, I would not be able to do so comprehensibly. This is not the moment to go through all aspects of life in this country, as there are enough of them to keep the Committee and the House going for years. The phrase troubles me because of its width. As the Law Society said, what is meant by ''sufficient knowledge about life in the United Kingdom''?

Having focused on a phrase that is incapable of definition, what about the word ''sufficient''? Amendment No. 16 probes the Government's thinking in that it would insert ''basic''. I am anxious to find out what standard of knowledge will be required from applicants. To put it bluntly, I am anxious to see that the Government use what the Home Secretary called in the White Paper ''a light touch''. A sensitive approach must be taken to such matters, thereby enabling those who seriously make an effort to acquire knowledge about life in the United Kingdom to achieve their ultimate objective without being faced with too high a hurdle over which they must jump to acquire citizenship.

How will the Government enforce the proposal, and how will they monitor it? Will they do so by way of an oral examination, or a written test paper? If they use a written test, what language will it be in, and what sort of standard will be required?

What about the expense involved? Some people have asked me whether applicants' fees will cover it, and whether there will therefore be a dramatic increase in the cost of application for citizenship. Might not that result in British nationality being available only to wealthier applicants, regardless of eligibility? It is worth pointing out what others have said. The IAS is responsible for the drafting of amendment No. 22, which is a probing amendment that refers to ''political, civic and multicultural'' life in the United Kingdom. The IAS believes that the clause leaves open to wide interpretation the phrase

''life in the United Kingdom'',

and for that reason it finds it unsatisfactory.

The IAS is concerned that the provision could be applied differently and arbitrarily to different applications, and could in some circumstances be discerned to be discriminatory. The provision would be welcome if the Government's intention was that applicants for citizenship should, for their own benefit, have adequate knowledge of their political rights and responsibilities, such as voting, standing for political office, protection against arbitrary arrest, their human rights and their obligations under the law. However, the IAS fears that the requirement could be used in an exclusionary way, and may require a knowledge of customs that are not universal. The IAS is not alone in thinking that in the interest of good domestic race relations and cultural harmony, a knowledge of different cultures should be demonstrated.

Under amendment No. 15, I have suggested that applicants should have

''a basic knowledge of the history and government of the''

United Kingdom. That is a narrower approach than requiring them to know about

''life in the United Kingdom''.

I took a look at what happens when people apply to be naturalised as citizens in the United States and Canada. Interestingly enough, both countries set quite difficult written tests about their geography, history and political make-up.

In Canada, there is an exam with 197 questions, such as:

''What is the name of your Member of Parliament?''

The last time that I was a household name in my constituency, we sent a group to ask 100 people the name of their Member of Parliament. I regret to say that fewer than five had any idea who it was, and they all, no doubt, were British citizens. That just shows how badly known we are. The questions asked in Canada are quite wide-ranging. I shall give some of them, starting with the easier ones:

''Who is Canada's Head of State?''

''Who is the Queen's representative in Canada?''

''What is the name of the Governor General?''

''Which province is Canada's leading wheat producer?''

''Which products from southern Ontario are among Canada's key exports?''

''Name three minerals still being mined in the territories today.''

I do not know whether the test in Canada is taken orally or in writing, or how one passes or fails.

I shall not go through the detail of the position in the United States, but the Committee can take it from me that a fair amount of serious questioning occurs.

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry) 5:15, 30 April 2002

Listening to the list of questions that the hon. Gentleman quoted from the Canadian example—I understand that the United States has a similar test—it struck me that the applicant learns information simply to pass the test. That is rather like the written driving test. After people leave the examining room, they forget everything that they have learned until they must learn it again through real life experiences. I question the value of such tests in producing a good citizen. They have been sold to us by the Government, but I suspect that the person learns information only for the duration of the test, and does little more.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

Yes, that is a valid point. Many people swot up only for the day in question, and after that the information goes out of their heads.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

Indeed. The hon. Gentleman says that members of the Committee may also learn something overnight before it goes out of their heads. The point is that the Committee is trying to do its best. Of course, we all applaud any attempt to tell people who want to become a British citizen that they should have sufficient knowledge about life in the United Kingdom—we will talk about language later. It is important to learn about life because that is the way in which one can play a proper part in society. If one does not have an adequate, basic or sufficient knowledge of life—if that is what the Minister wants to call it—in this country, one is at a great disadvantage in the work place and in the normal social mix that we should all have with others. There is nothing like having something in common to talk about regarding one's country or its standards. Social intercourse is of great importance.

The amendment is probing, and if I were to summarise my views I would say that its thrust is sensible. The principle behind the amendment is sensible and would be supported by Conservative Members. The wording in the Bill that provides that the applicant

''has sufficient knowledge about life in the United Kingdom''

could, and should, be improved. I hope that after the Minister takes more advice, she will move a new clause on Report that is better phrased and less wide.

People who apply for British citizenship do a proud thing. It is such a major action that applicants should be encouraged. Although I may return to this subject during the clause stand part debate, I am anxious to ensure that any tests—I hope that we will hear all about them—will be applied sensitively and not

harshly, otherwise genuine applicants could find it impossible to succeed.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I hope that I will be able to fill in some details, although I will not be able to give the Committee every last detail of how we intend the powers in the clause to be used after we produce the language and citizenship tests. I shall deal with each amendment in detail, although I note that the hon. Members for Southwark, North and Bermondsey and for Woking tabled probing amendments rather than amendments that they wish to press at this stage. I accept that it is legitimate that the Committee should wish to have more of a view about what is in the Government's mind with regard to how these tests will work. Phrases such as,

''sufficient knowledge about life in the United Kingdom''

get put into primary legislation to give appropriate leeway for experts in education and tests to provide an appropriate curriculum for the level that we are seeking. We do not wish the test to be hugely onerous, so that it is seen as a great barrier to naturalisation and the acquiring of citizenship, nor do we wish it to be a perfunctory tick-box test that does not actually mean anything.

I suspect that there will always be individuals who will swot for a test. Whenever people are faced with a test, such as the driving test, they sit down and do the homework for it. That is not a reason for not having a test.

The language requirements in clause 1 are not new: they are in the British Nationality Act 1981. We are not proposing to change them very much, but we want to apply them, as they have not been consistently applied.

People know how citizenship is acquired at present. The process ends up with the swearing of an oath in front of someone—often a solicitor—for a fee, and the delivery of a folded certificate through the post. I do not know whether it is sealed in a plain brown envelope, but it might as well be, for the amount of celebration and public recognition of the acquiring of citizenship that comes with it. In clause 1, the Government are trying to recognise in a much more collective way the acquisition of British citizenship, and we want it to be celebrated publicly in a ceremony, which is provided for in a later clause.

The idea is to have a public and communal recognition of and welcome for newly naturalised citizens that is similar to the practice in countries such as Canada, the United States of America and Australia. For many years, they have understood the value of such public recognition, and we have decided that it is a benefit publicly to recognise the value of acquiring British nationality, rather than merely sending a document through the post in a plain brown envelope.

The tests of knowledge of life in the UK and of the language are not intended to be exclusionary, and I hope to be able to put to rest some of the worries that various non-governmental organisations have expressed about whether those tests will be used to exclude people. It is not intended that the tests will be hugely expensive, so that they will be exclusionary and

benefit those who are wealthy, rather than those who are not.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

It is early days, but has the Minister any idea yet about the sort of fee that might be involved and how it might be paid by the poor?

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

Well, it is early days. Our intention is that the language classes and the knowledge of life in the UK classes should not have a cost, so they should be available. We are in the middle of a mapping exercise to see what courses are currently available in further education colleges, particularly language courses, and to see how they could be augmented to facilitate the final coming into being of the powers in clause 1. It is no good requiring people to undertake tests if we have not made available the courses for them to take.

With regard to some of the questions that were asked about the difference between ''sufficient'' and ''basic'', and what bits of UK life people must have knowledge of, we envisage a fairly general view, rather than one that is restricted to the democratic process and constitution, but it would be wrong of me to stand here and say that we have a curriculum absolutely sorted out. We are putting together a working group of relevant experts from the Department for Education and Skills and the Home Office to decide on some of the detail, and it is clear that that will have to be dealt with in secondary legislation. However, as I have said, the idea is to get a balance between a test that is a huge barrier because it is too difficult to pass, and one that is so perfunctory that it becomes meaningless. We should consider the citizenship classes that are being made available in our schools as we speak.

Photo of Karen Buck Karen Buck Labour, Regent's Park and Kensington North 5:30, 30 April 2002

Many people who have been in this country for some time, perhaps with leave to remain, participate in their communities while waiting for the opportunity to apply for citizenship. That is true of many of my constituents. As the Under-Secretary is sympathetic in principle, will she at least consider the possibility of such a contribution to the community being considered as a contribution to a citizenship qualification?

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

We have not closed off options at this stage. People do not necessarily have to have a qualification in English if they already have a relevant expertise in it. The ability to speak and understand English appropriately will need to be taken into account. We do not want to force people to do tests for the sake of it, but we want to ensure a more consistent application of the requirement of sufficient knowledge of English to get by. The extra requirements in the clause about knowledge of life in the UK—

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I will be happy to give way, if the hon. Gentleman will let me finish my sentence. I have probably forgotten what I was about to say.

We are in the process of considering the curriculum for the requirement of knowledge of life in the UK. We

will be teaching citizenship to our primary school children by September, and there are some crossovers between what we will teach those children and the likely requirements under clause 1. I hope that that will put at rest some of the concerns raised by the hon. Member for Southwark, North and Bermondsey about the test for people who wish to be naturalised being different from the test for those who are born here and who can get by with less knowledge of their own country. We hope that the introduction of citizenship classes throughout our schools will put that right.

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry)

I apologise for butting in. I wanted to pursue the point made by the hon. Member for Regent's Park and Kensington, North while it is still fresh.

I made a slightly facetious, but genuine, comment on the nature of testing. Those in education have recognised that a test in the form of an examination is inappropriate for many people. Will the Under-Secretary clarify whether people can be tested through continuous course work, or whether there will simply be a test barrier? I fear that some people will always find that difficult to get through.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I said that the test was not intended to exclude, but that knowledge must be demonstrated. The working party will decide the best method of testing. I accept that some people become frightened if they have to sit formal tests. We will consider how sensibly to facilitate people's involvement in the process, and we will propose more focused suggestions in the regulations, which are not appropriate in primary legislation. I hope that the hon. Gentleman will accept my pledge that we are trying to include, not exclude.

Photo of Gregory Barker Gregory Barker Conservative, Bexhill and Battle

My hon. Friend the Member for Woking mentioned the systems in Canada and the United States. Will the Under-Secretary confirm whether the Government have considered the models of other countries and learned any lessons? The Opposition are slightly keener on foreign ideas in other areas of public policy than the Government.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

We are considering those models and have found some variation. Some are too perfunctory, while others are too much like a degree. We must achieve a balance between a test that tests appropriately and is not too much of a barrier, and a tick-box exercise that is just a waste of time as it does not facilitate understanding. The idea is genuinely to welcome new citizens through naturalisation, and to put them through a process at not much cost to themselves, and at no cost for the courses, that will enable them to feel much more a part of the community and have a greater demonstrable understanding of society than they have now. That is what we are trying to achieve.

I am glad that the amendments will not be pressed—I hope that that is confirmed. I accept that they are probing amendments, and I hope that my answers explain the Government's thinking on the details of how the tests will be established.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

As the hon. Member for Woking and I said, the amendments were intended to open the

box and see what lay inside, and to try to take the Government on from their position in the White Paper and in the Chamber. It has been helpful, but I want to ask the Minister a couple of further questions.

I hope that we all agree that conventional tests are inappropriate for some people. There are already various prerequisites, at least in theory, to naturalisation, including having sufficient knowledge of one of the three languages—English, Welsh or Gaelic—no relevant, appropriate convictions, or ''good character'' as it is generally defined, and an intention to live here permanently and make the United Kingdom their principal home.

After a parliamentary question tabled by a Conservative Member, I looked at the table that the Government included in their White Paper. Annexe A sets out helpfully, although not conclusively, the different tests that are used in eight other countries. Some countries have a minimum residency of between one and eight years. Some test an applicant's knowledge of society, but others do not. All countries have a language skills test, while three out of the eight have a good character test. There is a criminal record test in seven countries and, it says, ''possibly'' one in the United States of America. My experience of getting into the USA, even for short periods, suggests that it is a strong ''possibly''. Duel citizenship is accepted by four countries, and an oath is used in five countries. Some have language classes, some do not, and others are proposing to introduce them, but even those that have them do not necessarily require people to attend them. There is also the question whether to have citizenship classes separate from language classes.

There are many different systems, but all the countries seem to be trying to ensure that there is a preparedness on the part of the individual and an ability to be included. Like the hon. Member for Regent's Park and Kensington, North, I am sympathetic to the objective, but two aspects residually worry me. First, we must ensure that we have a similar process for our own citizens. Secondly, we should bear in mind the fact that someone could be a European Union citizen and live here for ever. They could come here aged one and live until they were 99, and there would be no requirement to have any qualification because we are in a common travel area. We must ensure that we do not have a position in which there are no barriers for UK-born citizens—although, if they go to class, they will go through a citizenship education process—or for people from the EU or Ireland within the EU, but barriers for people coming from somewhere else. We must be careful that we have common experience.

Even though the Danes have a tough language requirement—

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

When I was working in Brussels at the European Union, I asked a friend to buy a copy of the European Union treaty in Irish. The Minister may not think that it was a great birthday present, but my friend went out and got one in Danish. I did not notice the difference, which was unsatisfactory.

We cannot expect a 75-year-old who comes here with his or her family from a rural community in a less-developed country to be able to adapt in the same way as a 15, 25 or 55-year-old.

We shall come in a moment to the next stage of the process, so I shall not deal with that now, but clearly we need to proceed sensitively. There is a willingness to make progress, but many people are keen to ensure that we make the right progress and that we learn from the best examples.

Before I withdraw the amendment, I have one substantive question for the Minister. Is it possible in theory that there could be no regulations for a period and therefore no sufficiency test? Are the Government thinking about an option that would involve introducing the sufficiency test later? As I read the Bill, it is an option to have that as an add-on, and it would be helpful to know the Minister's thinking on that.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

EU citizens can live and work in this country without taking any test, but if they wished to change their nationality they would have to take the tests. Anyone who goes through immigration legally and has the right to work here can live and work here without taking the test. It is only if they apply for nationality that tests become relevant, which is fair.

There has been a misunderstanding outside the House, because people have thought that the language test will apply to anyone who wishes to cross the border, but that is not the case. The test is relevant to those who wish to become naturalised; it will not apply to people who wish to work here, although clearly they will probably do a better job if they can speak the language. The tests apply in the naturalisation process when citizenship is conferred, and they apply equally, whatever country the person seeking naturalisation as a British citizen comes from.

The hon. Member for Southwark, North and Bermondsey asked about the sufficiency test. With regard to commencement, the issue is how quickly and effectively we can develop the curriculum and ensure that people have access to it. Speaking off the top of my head, I think that we could have the citizenship ceremonies before introducing the tests, but we have had no discussions about the practicalities of which way round we shall do that. The two aspects seem to me to be separate, although in an ideal world they would be linked. If we want to have citizenship ceremonies before we are able to put the tests in place, we may be able to do so.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

That is very helpful, but there is a practical issue. The number of applications received has dropped in the last couple of years, but we are still talking about 63,000 applications a year. That is a not inconsiderable number of people to put through a process, and obviously the process will involve more

than just testing. That said, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I beg to move amendment No. 95, in page 1, line 16, at beginning insert—

'(1AA) No Regulations shall be made under (1)(ba) or (bb) without prior consultation with, and agreement from—

(i) the Commission for Racial Equality,

(ii) the Citizenship Foundation, and

(iii) the Immigration Advisory Service.'.

The amendment is straightforward and follows logically from the last one. I hope that the Minister will be sympathetic, although I do not propose to force it to a vote now. The amendment would ensure prior consultation with obvious candidates or organisations. It states:

''No Regulations shall be made . . . without prior consultation with, and agreement from'',

after which I list three organisations with an obvious stake in the matter. I do not pretend that the list is exclusive or perfect, but the organisations were not chosen accidentally. I included the Commission for Racial Equality, which self-evidently has an interest and would like to be involved, the Citizenship Foundation, a body that has made it its business to think through these issues and is keen to be engaged in the debate, and the Immigration Advisory Service, which sees the practicalities of these matters in large volume all the time.

When the CRE briefed us before Second Reading, it pointed out that there had not yet been proper consultation with interested parties about what constitutes citizenship and what defines a British citizen. There are various options. Is it our values? Is it our rights? Is it our way of life? The proposition is that we should have full and frank consultation. I am sure that the Government will be keen to do that; I do not question their good will. However, it is not for the Government to define what makes British life. It should be agreed more widely. We are all entitled to have a voice in that, regardless of our faith, colour or background.

It is rather paradoxical given where we are, but I took part in 1987–89 in a commission on citizenship set up by Lord Weatherill, the then Speaker, with widespread support. The other two parliamentary colleagues were none other than the current Home Secretary, who was the Labour party nominee and the then Member of Parliament for Mid-Kent, Andrew Rowe, who retired at the last election. Apart from us three, there were extremely eminent people such as John Monks, who was at that stage only the deputy general secretary of the TUC, Ted Wragg, Ben Whittaker, Maurice Stonefrost, John Beishon, Rodney Bickerstaffe and Professor Charles Handy.

The Speaker encouraged us to spend a lot of time considering how citizenship was defined. I do not want us to reinvent the wheel, because it is possible to have endless debates about this. I hope that we can draw on that serious work, in which people invested a lot of time and effort, and which had a slow gestation

period, and on the work carried out by the Citizenship Foundation, which is a thoughtful and engaged body. I should like us to end up with an agreement to a consultation process. As a minimum I should like us to agree that there are certain people whom we should regard as allies throughout this process. I am open about who those groups should be, but I am sure that they should be people who can look after the interests of the wider community outside.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking 5:45, 30 April 2002

There is some good thinking behind the amendment. A number of outside bodies will have an awful lot that is really useful to say before the proposed tests are set in concrete. The amendment mentions three, but there are many others including the Refugee Council, the Refugee Legal Centre, the Immigration Law Practitioners Association, the Law Society, the Joint Council for the Welfare of Immigrants and the National Association of Citizens Advice Bureaux. I often wonder whether those bodies are consulted widely before a Bill is drafted. I believe that quite often they are not. Leaving that aside for a moment, there is something to be said for the Government saying that they will consult a variety of outside bodies—not necessarily getting agreement from them, as they may take different lines—before introducing regulations.

Photo of Mark Lazarowicz Mark Lazarowicz Labour/Co-operative, Edinburgh North and Leith

I suspect that it would be a mistake to single out bodies that should be consulted, as it may simply offend bodies that are not mentioned. The principle of wide consultation with interested groups is excellent and I am sure that the Minister will be able to support it in broad terms. It will be particularly important to ensure that there is consultation with organisations in Scotland about citizenship, because—regrettably—citizenship will not form part of the curriculum there as it will in England and Wales. Several hon. Members would be happy to make political capital of any exclusion to what they see as the Scottish interest. I hope that the Minister recognises that when we talk about citizenship we cannot make a generalisation and say that the citizenship classes in England and Wales will apply to Scotland and, no doubt, Northern Ireland. Will she tell us about her intention to consult widely on the provisions and, especially, how she intends to reflect Scottish interests on citizenship?

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I agree with the thrust, although not the detail, of the amendment—that will not surprise the hon. Member for Southwark, North and Bermondsey. It suggests consultation with three particular bodies, and we have heard the row that that would cause among those that are not mentioned. He was honest enough to refer to that while speaking to the amendment.

The amendment contains the words ''and agreement from''. That implies that the bodies would have a veto on secondary legislation. We could never agree to that in those terms.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

We could, but Parliament would be rather upset if we gave outside bodies a veto on statutory instruments, which it is the right and proper job of elected Members of Parliament to consider

rather than that of the very interested and enthusiastic but unelected members of NGOs. They have great experience but they do not have the accountability of Members of Parliament.

Although I agree absolutely with the principle that we should try to get broad agreement on the detail of regulations, and that we should consult as much as possible while getting on with making decisions to introduce regulations that are as effective as possible, I do not want to accept the amendment. The list of NGOs that it mentions is too narrow—we have heard several bids to include others. Also, it implies that specific NGOs would have a veto on secondary legislation, which could not be right. However, I hope that the hon. Gentleman is reassured by our view that, in principle, we should consult and listen to the best expert advice. We should also strengthen the debate in the country on citizenship, which we all want, because the more that happens the better. I agree with that, but I do not agree with the amendment, and I hope that he will not press it to a vote.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I was just testing the Government's collective partnership. We have crime and disorder partnerships and local strategic partnerships, and I was testing whether the Government are willing to share decision-making power, or whether a body could be a partner only if it does not have a final casting vote.

I was reminded of that by the hon. Member for Regent's Park and Kensington, North who was, like me, a long-serving member of the Committee that considered the Greater London Authority Bill. During that exercise, we tried to provide for real devolution of power, but we discovered that the Government held on to many reserved powers. The Bill often provided that the Mayor of London could be given a power provided that the Secretary of State agreed. Since then, the Secretary of State has often not agreed, as tube users have discovered.

The amendment was not intended to be mischievous but to make a point, which the Minister understands. Regulations should be agreed widely, and the amendment would have provided that others should agree to them, rather than the Government imposing regulations.

I understand the Government's first position. Although I have not yet been given red boxes, which carry a larger salary with them, I have been lucky enough to see notes from civil servants to Ministers that say, ''This is the first line of argument.'' When one turns over the page, it says, ''Resist this'' and then, ''If you really have to concede, concede this.'' I judge that we could have some movement on the issue, although conceding that other people should have the right to veto may be at the bottom of the list of concessions that the Minister is encouraged to accept.

I look forward to hearing more detail soon. The sooner we see drafts of regulations the better, and the sooner people are consulted the better. The reality is that we are buying a pig in a poke under clause 1 in the

sense that we are buying a proposition without knowing what is behind the glass. The sooner we know what is going on, the better. In the interests of co-operation, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Photo of Neil Gerrard Neil Gerrard Labour, Walthamstow

I beg to move amendment No. 14, in page 2, line 5, at end insert—

'(ea) make provision for the Secretary of State to make payment to provide specified courses and to make payment for travel and childcare costs for those attending'.

The amendment deals with the provision of classes. The Minister has already referred to the Government's mapping exercise and their wanting to augment what already exists. The amendment would help such a process and ensure that sufficient provision is made to encourage and help people to attend classes. One general worry about the clause is that we should not create barriers to stop people becoming British citizens and naturalised. We should not be sending out messages that make people reluctant to enter into such a process, nor should we send out a message that people who want to acquire British citizenship are not interested in learning the language or knowing about living in the UK. We must create opportunities for people to be able to attend courses and classes when necessary to ensure—if there is to be a test—that they can pass it. I assume that there will be exemptions and that some people will not need to pass such a test.

Everyone agrees that knowledge of the language is important. Economic opportunities are denied to people if they do not have knowledge of English. We sometimes have to deal with complicated problems in our surgeries through a 10-year-old child, perhaps, whose knowledge of the language is greater than that of the parents. Those of us who have had such an experience realise how difficult it is for such people to deal with many organisations on a daily basis.

The White Paper was clear about wanting to encourage greater development of courses. It emphasised that many English courses for speakers of other languages are free of charge, and as the Minister said, we do not want to discourage people by charging for them. In some parts of the country, there are worries about the availability of courses. I do not think that there is great reluctance among refugee or ethnic minority communities to learn English. Sometimes, the complaint is the other way round. People want to learn English but find that there are not sufficient classes.

For several years, the adult education service, in particular, in parts of the UK has suffered many problems. It is not available on anything like the scale that it used to be. We should examine how we can ensure that courses are accessible and map what is available. Perhaps we should also consider how to reach people who may be difficult to reach. In some communities, for example, it may be difficult to persuade and help women who are reluctant to attend classes. Some schemes have been successful because outreach workers have taught people English within their homes. Once those people have passed through that initial barrier, they must be persuaded to

develop their knowledge. We should also consider what techniques we can use, and how we can help people to get to places where courses and classes are available. The amendment suggests making

''payment for travel and childcare costs''.

Our approach must be positive.

Some debate on the subject has focused on citizenship to the exclusion of other issues. We should remember that people cannot apply for citizenship unless they have been in the country for a few years. The process should not get to a point where someone can make an application for citizenship before we start to encourage them to take some of the opportunities that I hope we will make available. Those opportunities should include the greater availability of English classes and courses on how our institutions and systems work in the UK, if that is appropriate as part of the tests proposed.

There has been a welcome White Paper, the first ever to talk about an integration strategy for refugees. The sooner we start that integration process the better. We should not start to think about that only when someone considers applying for citizenship after five—or perhaps many more—years in this country.

The amendment makes a simple point: if we want people to become British citizens, and to acquire language skills and knowledge about the UK as part of that process, it is up to us to make available the courses needed. Rather than putting up barriers, we should make it easier for people to get into those courses and encourage them to do that, so that the process is thought of as positive.

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry) 6:00, 30 April 2002

I support this helpful and positive amendment. As the hon. Member for Walthamstow said, it is important to offer courses, and there are a several reasons why. It is important to make a statement not only about what acquiring nationality means in the context of the Bill, but what it means to be an immigrant into the UK. In the vast majority of cases, it means making a contribution to UK society.

We should offer a package of measures to assist people who, if they become citizens, will make a huge contribution economically when they become able to work and contribute through the taxation system. There is a perception that immigrants are taking things out of the system, but the reality is that they are contributing hugely. We need to tackle that, and we should be clear that the Government set nationality tests and put hurdles in front of people not to prevent a problem but to encourage something good—letting well-educated, contributing immigrants into the UK. That has been the case for many years. It is important that the Government accept their responsibility by paying for the package of education required, and by assisting with the associated costs.

The hon. Member for Walthamstow made an important point about geographical spread. There is plenty of evidence in reports by bodies such as the Commission for Racial Equality to suggest that there is nothing worse in this country than being an immigrant somewhere where there is no large

immigrant population, and where one stands out. My former party leader, Paddy Ashdown, had a few experiences of that with people living in his constituency, which is out in Somerset, where life can be very tough for immigrants.

The last thing we want is to create an additional incentive for people to leave areas where there is a small minority population and head for centres of population with large immigrant communities. My fear is that if we do not provide appropriate coursework, someone who is trying to pass the nationality test may think that their only opportunity to gain access to the courses that they need is to move to—or go back to—a city. It would be a real shame for the country if, through the Bill, we created greater concentrations of immigrants. Instead, we should ensure that someone who comes to the country as an immigrant and wishes to apply for nationality feels confident that they can live in any part of the country and access the services that they need for their application.

I hope that the Minister will also consider the use of informal networks. In Sheffield, for example, we have some good teams of people whose job is specifically to support refugees but who have a wider input into the community and teach English as part of their voluntary support work. At times they feel frustrated that the Government do not support them sufficiently and that they are left to fill the gaps. I think that the amendment is designed to plug some of those gaps, but as well as obvious providers such as further education colleges, there is a pool of good will, and talented people out there may want to help. The Government might find a better network, in some rural areas, perhaps, where there is no suitable FE provider to provide English as a second language courses, in other solutions such as using schools and other trained people with teaching skills to provide courses.

The hon. Gentleman made another relevant point about timing. Much criticism in the popular press—which at times borders on the extremely offensive—of current circumstances relates to when there is an influx of asylum seekers into an area. The criticism is that the people cannot integrate and are not learning the language. However, under the legislation, they are barred from access to language classes because of their status. Frequently, in the early stage of immigration, whether as an asylum seeker—which I accept is in most cases different—or in other immigration routes, people are barred from any recourse to publicly funded services. That might be a mistake for someone who eventually applies for nationality if they cannot access services such as language learning until later. I hope that the Minister will consider the point about timing and language learning. It does not happen only further down the track.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I recognise the importance of the questions that my hon. Friend the Member for Walthamstow raises. He is right to point out that the clause is not intended to send the message that people who are interested in British citizenship are not interested in the language or knowledge of the country and just want to have access now. I accept that there are gaps, which is why we are doing the

mapping exercise to find out where we may need to strengthen provision in order for the clause to come fully into effect.

I hope that my hon. Friend is reassured by my earlier comments about the Government's intention to ensure that the courses are provided at no cost to the applicant. The amendment refers to child care costs and travel. We shall consider such issues sympathetically. Many FE colleges already have child care facilities. We need to check in more detail as we develop the policy how to accommodate people with children who want to attend classes.

My hon. Friend also made a point that was similar to that made by the hon. Member for Sheffield, Hallam about informal networks doing extremely good work at the moment in language teaching. I came across an extremely good example—the Communication Workers Union, which is using trade union learning accounts to go into areas in the north-west with large ethnic minority communities to teach Asian women and provide access to language teaching that for cultural reasons they might not be able to access in a formal college environment. Some extremely good work is being done.

Photo of Parmjit Dhanda Parmjit Dhanda Labour, Gloucester

I appreciate the opportunity to contribute to the debate, especially as someone with Asian parents, who fails Norman Tebbit's cricket test and supports a football team from the north-west, grew up in west London and is proud to represent Gloucester.

On the point about trade unions, when my mother first came to this country, in the late 1950s and early 1960s, Unison—the National Union of Public Employees, as it was then known—made a huge contribution, as it still does, in training people, ensuring that she learned the language and could subsequently become a shop steward.

The hon. Member for Sheffield, Hallam mentioned other institutions in constituencies throughout the land. In my own patch, Gloucestershire Action for Refugees and Asylum Seekers already offers English language courses and works with FE colleges. It is important to continue to tap into the resources available.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

We certainly want to do that, and we recognise that such informal networks, or trade union networks, can be extremely important with regard to reaching places that the more formal parts of the education system cannot currently reach. To ensure that this is as inclusive as possible, I am anxious for us to support those networks.

With suppliers, the only issue is quality: so long as the quality is there, there is no reason why we cannot have a proliferation of suppliers. Everything does not have to be entirely organised by the local further education college, although it might accredit other suppliers. We are not yet at the stage where we are making detailed decisions on that, but I hope that Committee members realise that we have an open mind on the matter.

The hon. Member for Sheffield, Hallam made some points about people whom he called asylum seekers. We will address asylum when we discuss later parts of the Bill, but there is a distinction between asylum seekers and those who already have refugee status, as he knows. Refugees who have indefinite leave to remain can already undertake the ESOL courses without having to pay, but we do not think that it is appropriate that we should begin to integrate asylum seekers prior to the making of a decision on their status. It is important that we make such decisions as quickly as possible, but we must not mix up what is available in relation to integration for refugees—and I hope that that will be much more effectively organised in the future—and what we intend to make available for asylum seekers who have, perhaps, failed to gain further status. We will debate such matters later, so I do not intend to get into them further now.

If the hon. Gentleman has ever visited the detention centre at Harmondsworth, he will be aware that it offers language teaching. Even as people are about to be deported, we are still making available to them training and education chances that will—we hope—be of use to them, wherever they end up.

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry)

I have a worry about that point. As we all recognise, under the current system, there are individuals who stay in a community for a long time—well in excess of a year, perhaps—while waiting for a determination of their status, and sometimes there is resentment in that local community that those individuals are not learning languages. There is a perception that they have access to courses but cannot be bothered to take them, whereas the reality is that they do not necessarily have legal access to them. Clarification on that would be helpful for community relations, because sometimes one comes across the worst kind of reporting in the press, claiming that such people are not bothering to learn, when the reality is that they do not have access to learning.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I accept the point that we need to differentiate in that way. If I believed everything that I read in the newspapers—much less in scurrilous documents by campaigning organisations that do not have the nation's best interests at heart—I would not be as sophisticated as I think I am.

We are sympathetic to the amendment, but we do not want it in the Bill in this form. My hon. Friend might be surprised to learn that. I assure him that the principle of trying to facilitate no-cost access for people is at the core of what we are trying to organise, but we must be careful about how widely we cast the net with regard to no cost. The amendment refers to travel costs as well as child care costs, and although we are sympathetic to that, I do not want to include it in the Bill at this stage.

Photo of Neil Gerrard Neil Gerrard Labour, Walthamstow

I appreciate the Minister's positive tone, and I am glad that the Government want to facilitate. I am also glad that there will not, in general, be fees for people who undertake courses. That also displays a positive attitude. However, I hope that the Government will consider giving direct support to those organisations and institutions that might be involved in the provision of classes and courses that are relevant to people who are trying to acquire

citizenship. I know that she referred several times to FE colleges. I am in favour of giving FE colleges things to do. I worked in further education for a long time, and appreciate its value. However, some adults may find them uncomfortable places to attend. We should consider what can be done through adult education, which is the responsibility of local authorities, and through direct help to networks and individual organisations.

We should provide more training and education for asylum seekers. On a visit to Kosovo a couple of years ago, the hon. Member for Southwark, North and Bermondsey and I spoke to people who had been asylum seekers in the UK, but who had returned. The clear message was that many of them would have had a better chance on return to their country of origin if they had been able to acquire more skills as asylum seekers. We should not refrain from helping people on the basis that we may be encouraging false integration. However, I accept the Minister's positive points and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking 6:15, 30 April 2002

I beg to move amendment No. 17, in page 2, line 10, at end insert:

'(4) The Secretary of State shall by regulations provide for age and other exemptions in respect of the provisions referred to in subsection (3).'

As we said, the clause straightforwardly states the requirement for someone applying for naturalisation to have sufficient knowledge of life in the UK. The amendment merely probes whether there will be any exemptions and exceptions to the provisions. I may have missed something. Will the Under-Secretary clarify whether there are exemptions to the language test under existing legislation, and whether there will be similar exemptions and exceptions to the new requirements? Some who are disabled one way or another may find the Government's test too daunting a proposition, but may nevertheless be outstanding candidates for British citizenship. A sensitive approach is needed, especially for the elderly. Many people come to this country in the afternoon of their lives. As with all examinations, there should be a way of achieving the objective without having to sit the test.

On language, under subsection (2)(ba), I was asked whether the Government have taken note of sign language. We must ensure that those who communicate in sign language are not excluded from the benefits of naturalisation. They should be able to communicate with others in the UK using the common form of English sign language.

We shall no doubt discuss spouses in relation to the language test during the stand part debate on the next clause, as Committee members want to raise one or two related issues. The amendment is designed simply to float the thought that there are those who might merit some form of exemption from the procedures. We do not know what the procedures are, but we know that there may be vulnerable people who need help.

Photo of Mr Richard Allan Mr Richard Allan Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry)

I am sympathetic to the amendment, and I want to refer briefly to the position of the older

relative. As Members of Parliament, we will all have seen people in our surgeries who want to bring in a parent from another country who needs to be looked after in their afternoon years. That is absolutely legitimate. The immigration rules sensibly make provision for those individuals to come over, because it is incredibly heart-rending for someone to have to choose between their career and country of choice and looking after a parent. If we can combine the two, that is excellent.

Such parents are frequently here for a period that allows them to acquire British nationality under the current rules, and there are significant advantages to that, particularly with regard to further travel. For example, the family may want to travel back to the home country to visit various relatives, and if the parent is left with a different nationality, it can be difficult for them to travel. They may not be able to apply for their visas as a group. The parent may have to get theirs on another passport, and the family will not be able to travel together. I would not like rigorous standards for the tests that an elderly person has to pass to apply in those circumstances.

Such people will spend years here, in most cases until they pass on. During that time, it may be that because they are not economically active their personal requirement for integration is not so great. They are here principally to spend time with their families. One can see the logic that says that if the individual will not be particularly active in the community, they do not need the British nationality, but the benefits to the family of their having British nationality are sufficiently high while the harm of allowing them British nationality seems negligible or non-existent.

I hope that some recognition of that is permissible in the rules, so that we will not be telling a 75 or 80-year-old that they must overcome the same hurdles as a 20-year-old who will be spending 40 or 50 economically active years in the UK.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

Of course we will not be saying that. It is not our intention to force people who are infirm, elderly, mentally ill or have other relevant disabilities to take the tests just for the sake of it. A provision in the British Nationality Act 1981 already allows the Secretary of State to waive the requirement to pass a language test in certain circumstances.

The essence of this amendment, and amendments Nos. 98 to 100 to clause 2, is to probe us about whether the same right to waiver will exist for the test on knowledge of the UK. Having examined the Bill, I am not completely satisfied that the provision is drafted appropriately. That right should be in the Bill in the same way as the language test requirement waiver. We will deal with the other amendments when we come to them, but if amendment No. 17 is withdrawn, I hope that we can introduce amendments that will place the Secretary of State's ability to waive the test requirements in certain circumstances—the ones that I just mentioned—in the Bill. That will reassure people that there is no intention to waive the language test but not the knowledge of the UK test: it is simply a lacuna that occurred in drafting.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

That has been a most helpful exchange, and I thank the Minister.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

Photo of Eric Illsley Eric Illsley Labour, Barnsley Central

Before we embark on this debate, as we have spent a considerable time debating the clause, I ask hon. Members to be as brief as possible.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I just want to make one point. As it is now almost two hours since we started and we are just about to finish clause 1, I am mindful of our difficulty. I should like to follow up the point made by the hon. Member for Walthamstow about the importance of processes that ensure that when people are here, whatever their status, their time is used to best effect. He mentioned that he and I, together with Sir Peter Lloyd, the former Home Office Minister, went to Kosovo with the director of the Refugee Council. The key lesson that we learned was that whether people come to stay permanently or temporarily, whether they are asylum seekers or economic migrants, there is no point in their hanging around doing nothing. It did not help community relations. It was not good for them. It was not good for the community to which they might return or for the community here.

This may have more to do with administration than legislation, but I hope that systems are in place to give people opportunities. In those cases, we came to the view that three things were necessary: language improvement, the ability to become more technologically competent—a skill from which most people could benefit—and business skills, especially for those who are economically active. There is an hotel at the Elephant and Castle that is used for immigrants and asylum seekers. There are about 750 people there. It is galling for everyone—the residents, the management and the community—that they must simply pass the time with nothing to do. I am sure that there is no difference between us. We must ensure that when people are within our communities, in this case between arrival and seeking nationality, we use their time to best effect. I did not want to lose that point, which is clearly felt outside by native born Britons and by people who come here wanting to stay and to become British citizens.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

I will take your strictures to heart, Mr. Illsley, and speak briefly. It is as well to stress that we support the clause in principle. We have pointed out that there are difficulties with the phrase:

''sufficient knowledge about life in the United Kingdom''

and we hope that the Government will think again about that. Getting matters into perspective, the current language test is administered with a very light touch. It is often carried out over the telephone. Sometimes it is assessed in the provinces by police officers who potter along to see an applicant and have a chat. Provided that they can converse reasonably, that is the end of it. Sometimes it is done by the immigration service. I understand that in 1996—I do not have up-to-date figures—only 27 applicants were

refused on grounds of language as opposed to the 17,600 who were accepted.

It is a small-scale problem. We have highlighted one or two issues such as the need not just for more clarity of language and purpose but to approach the matter with sensitivity. It is not in the Bill, but is there, or should there be, a mechanism whereby anyone who is utterly aggrieved about a decision made by the Secretary of State about a naturalisation application can appeal either to a court or elsewhere for a second opinion? I do not suppose that it will happen often, but does such an appeal mechanism exist or will it exist in future? Broadly, we wish the clause well.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

Clause 1 introduces new provisions into the British Nationality Act 1981. As hon. Members have pointed out, paragraph 1(1)(c) of schedule 1 to that Act already requires someone applying for naturalisation as a British citizen to be able to demonstrate sufficient knowledge of English, Welsh or Scottish Gaelic. The clause will ensure that that requirement is applied more consistently and that evidence of a particular standard of achievement is produced.

The examples given by the hon. Member for Woking show how lackadaisical the 1981 test has become. It is in all our interests to ensure that it is more consistently and more meaningfully applied. At the same time, we must get right the balance that I mentioned in previous exchanges. The test must not be too onerous, but must be as inclusive and as useful as possible.

With regard to an appeal mechanism, I will write to the hon. Gentleman, but I suspect that I would run in horror from the thought of creating new appeal rights for examination results. Judicial review is available to challenge nationality decisions, but there are very few challenges a year on the grant of citizenship, and I would not want to open a wide new avenue of judicial activity.

Photo of Angela Eagle Angela Eagle Parliamentary Secretary (Home office)

I can think of one, too, but we will not mention who it concerns. I have described what is currently available, and that is probably how it should stay.

Question put and agreed to.

Clause 1 ordered to stand part of the Bill.