Nationality and Borders Bill — House of Lords, 2022-01-27
Topic: Immigration
Anne McIntosh (Conservative, Centre-right): My Lords, this is the first time I have spoken on the Bill, as I was unable to speak at Second Reading. I want to speak to the amendments in my name in this group. I look forward to hearing the thrust of Amendment 13 from the noble Baroness, Lady Lister. At the outset, I declare that my mother was a naturalised Brit through marriage, under an earlier incarnation of this Act. I am also a non-practising member of the Faculty of Advocates I shall move Amendment 3 and speak to Amendments 4, 5, 6, 7, 18 and 22. I am enormously grateful to Michael Clancy of the Law Society of Scotland for his expertise and briefing in preparing these amendments, which concern the fees to be charged under Clauses 1, 2, 3 and 7 of the Bill. The amendments are the work of the Law Society of Scotland, and in particular I pay tribute to its immigration and asylum sub-committee, which has considered this part of the Bill in some detail The Law Society of Scotland states that it agrees with Clause 1, subject to the registration process being free. There is no clarity around that in Clauses 1, 2, 3 and 7. This is a cause of concern and which is why I have tabled these amendments. In this connection, the Law Society acknowledges and agrees with the 2020 report by British Future, Barriers to Britishness. At pages 10 and 11, it recommends: "Citizenship by registration should be free for those who become British by this route. This group mostly comprises children and those with subsidiary categories of British nationality, such as British Overseas Territories Citizens and British National (Overseas) passport holders from Hong Kong who now have a route to citizenship through the bespoke British National (Overseas) visa Nationality law should be amended to allow children born in the UK to be British citizens automatically, restoring a policy that applied before 1983 Vulnerable groups of people should be encouraged to take legal advice, which should be affordable and widely available in all parts of the UK." The Law Society looked particularly at the case of PRCBC and O v Secretary of State for the Home Department—reported in "[2021] EWCA Civ 193"—where the Court of Appeal held that the fee of £1,012 for certain applications by children to register was unlawfully high. An appeal to the United Kingdom Supreme Court has recently been heard. We await the decision in due course I also want to refer to the extremely helpful report from the Constitution Committee of this House about the Bill. Paragraph 16 concludes: "The Government should clarify its intentions on the amount of fees to be charged under Clauses 1, 2, 3 and 7." The committee sought clarity as to what fees will be charged for registration applications under this clause and under similar provisions in Clauses 2, 3 and 7, referred to earlier. The committee also referred to the forthcoming appeal decision of the Supreme Court I urge my noble friend, when summing up on this little group of amendments, to come forward and say whether fees are going to be applied and at what level they will be set. It is inappropriate to discuss the Bill at this stage and not to have any idea as to what fees will be charged during the process. With those few remarks, I beg to move.