Clause 46
Borders, Citizenship and Immigration Bill [Lords]
3:00 pm
Phil Woolas (Minister of State (the North West), Home Office; Oldham East and Saddleworth, Labour)
I have asked myself the same question. I believe we would have taken the opportunity to do this in any event, but it was highlighted in the other place.
The 1981 Act was meant to limit citizenship to those with a close and continuing connection with the UK. One of the underlying principles of the Act was that an adult seeking to become a British citizen should be able to demonstrate his or her personal connection with the UK. Section 4C differed from other sections in that it allowed for registration on the basis of a mother’s connection with the UK, and it was originally the Government’s intention that it should be limited in its scope. On 7 February 1979, the then Home Secretary, Merlyn Rees, announced that he would exercise his discretion in favour of any child of a UK-born mother who applied for registration before his or her 18th birthday. Section 4C was intended only to cover those people who might have been unaware of the 1979 concession and did not benefit from it. Persons born before 7 February 1961 could not have benefited from the concession in any event.
My noble Friend Lord Filkin said:
“British women did not acquire the right to pass on their citizenship until 1983. One can only go so far towards righting the wrongs of history before the number of ‘what ifs’ to be taken into account becomes unmanageable.”—[Official Report, House of Lords, 31 October 2002; Vol. 640, c. 295-296.]
My view is that it is manageable. The short answer to the question is that the measure reflects changing attitudes towards women and descendancy rights from the mother as well as the father—and, in my view, it is about time.