Part of the debate – in the House of Lords at 3:45 pm on 6 May 2014.
My Lords, perhaps I may begin by taking this opportunity to thank my noble friend for tabling these amendments, which he will know we welcome. The House will recognise that nationality law is a complex and difficult area. Anomalies do arise, and have indeed done so, particularly as the way in which people view the family has changed since the British Nationality Act was introduced in 1981.
In 2006, amendments to that Act enabled illegitimate children to inherit nationality from a British father in the same way as a legitimate child. However, those amendments were not made retrospective. To have done so could have caused problems for individuals who were now adults and had made a life for themselves in a different nationality.
The amendments proposed by my noble friend today will enable illegitimate children born to British fathers before 2006 to register as British if they choose to do so. The measures apply to those who would have become British citizens automatically if they had been born legitimately. I realise that my noble friend is concerned also about the situation of those who could have become British if their unmarried parents had been able to register them as British, or in some circumstances if they had been able to register the birth with the consular service. However, the Government’s position—indeed, my noble friend restated it in his introduction—remains that we can go only so far to right the wrongs of history. There can be many reasons why parents may not choose to exercise these options and we cannot, therefore, now make assumptions about whether unmarried parents would have chosen to exercise them if they had had the opportunity to do so.
I know that my noble friend is also concerned about British Overseas Territories citizens. Changes to those provisions require consultation with the territories concerned and this has not been possible in the time available. However, I assure my noble friend that the Government will look for suitable opportunities to discuss this issue with the overseas territories once the provisions are implemented.
Perhaps I might now turn to the change to the Long Title of the Bill, under Amendment 6. Looking at the Bill, we still have deprivation as an issue under Clause 66. It is covered by that clause and it is quite proper that it should therefore be part and parcel of the Bill, but I will not suggest for one moment, while speaking at the Dispatch Box here today, what may be considered by the House of Commons when it takes on the amendments that we have made to the Bill. We have made a number of amendments and, as the noble Baroness will know, it is quite in order for the House of Commons to consider them and let us know what it thinks of the amendments that we have made.