Part of the debate – in the House of Lords at 3:50 pm on 6 May 2014.
My Lords, Amendment 4 is a technical amendment concerned with bank account measures. It is intended to ensure that, should any of Clauses 40, 41, or 42 be amended by the Treasury using the power provided in Clause 43, in such a way that further matters may be specified by order under any of those provisions, then any orders so made will be subject to the affirmative resolution procedure.
Clause 43 currently gives the Treasury the power to amend any of Clauses 40, 41 and 42 to allow it to ensure that the restriction on opening accounts remains effectively targeted. This power allows the Treasury to amend those provisions in such a way that a particular matter could be specified in a further order, should that be considered appropriate. To give an example, Clause 42 could be amended so that the reference to “bank” means a reference to an institution of a type to be specified in a further order made by the Treasury.
In that example, though, any subsequent order that specified the types of institution would then properly be made under the amended Clause 42, rather than by Clause 43. Any order made under Clause 43 that amends any of Clauses 40, 41 or 42 is already subject to the affirmative resolution procedure. However, orders subsequently made under Clauses 40, 41 or 42 are not referred to in Clause 74(2) of the Bill, which means that without this amendment they would be subject to the negative rather than the affirmative procedure. Given the importance of the matters involved, the Government’s intention is that any such order should be subject to the affirmative resolution procedure, and the amendment confirms that the affirmative procedure should therefore apply. I beg to move.
Amendment 4 agreed.
Schedule 9: Transitional and consequential provision
Moved by Lord Avebury
5: Schedule 9, page 125, line 40, at end insert—
“Part 8AProvision relating to persons unable to acquire nationality because natural father not married to mother
1 (1) The British Nationality Act 1981 is amended as follows.
(2) In section 14 (meaning of “British citizen “by descent””), in subsection (1), after paragraph (d) insert—
“(da) the person is a British citizen by descent by virtue of section 4F(3), 4G(2), 4H(2) or 4I(4); or”.
(3) In section 41A (registration: requirement to be of good character), in subsection (1), after “5,” insert “4F, 4G, 4H, 4I”.
British Nationality (General) Regulations 2003
2 (1) In regulation 14 of the British Nationality (General) Regulations 2003—
(a) after “4D(3)” insert “or 4G(3)”;
(b) after “section 4D” insert “or 4G”.
(2) The provision inserted into regulation 14 by this paragraph may be amended or revoked by the exercise of the powers conferred by section 41 of the British Nationality Act 1981 as if that provision had been inserted by those powers.”
Amendment 5 agreed.
In the Title
Amendment 6
Moved by Lord Taylor of Holbeach
6:In the Title, line 4, after “nationals;” insert “to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom’s vital interests;”