HL Deb 08 November 1988 vol 501 cc539-40

2.48 p.m.

Lord Ross of Newport asked Her Majesty's Government:

Whether they will make retrospective the exemption from the British Nationality Act conceded to parents serving abroad with the Science and Engineering Research Council, the European Patent Office and similar bodies whose children born after December 1984 are granted full British nationality whereas those born prior thereto are denied such a privilege.

The Minister of State, Home Office (Earl Ferrers)

My Lords, we have no power to make retrospective designation orders under Section 2(3) of the British Nationality Act 1981.

Lord Ross of Newport

My Lords, I am grateful to the Minister for that reply, unhelpful though it is. Is he aware of the great concern felt by parents who are British citizens working for the Government or this country in Munich in the patent office, or for SERC in Geneva, whose children, because they were born between 1st January 1983 and December 1984, do not have full British nationality with all that that entails? They are faced with the problem of requiring visas to move within the EC, and also with costs which apply to them when they come to this country. The parents cannot even pass on their British citizenship to their children. Surely that is an anomaly that should be put right.

Earl Ferrers

My Lords, I appreciate the concern of the noble Lord, Lord Ross. We would sympathetically consider an application for registration as a British citizen from a child born in the situation to which he refers. However, I cannot undertake that it would be granted in all cases since such registration is at the discretion of the Home Secretary. However, in practice it is unlikely that there would be any problem over registering a child whose parents demonstrably retain close links with this country.

Lord Harmar-Nicholls

My Lords, my noble friend has said that the Government have no power to deal with this. Does he concede that Parliament has the power and how would the Government react to a Private Member's Bill to try to rectify it?

Earl Ferrers

My Lords, it would depend what was in the Private Member's Bill.

Lord Molloy

My Lords, will the proposition that the noble Earl has just adumbrated in reply to the Question be given wide publicity to people overseas so they know that this is something they can pursue?

Earl Ferrers

My Lords, it will have the publicity normally attributed to Questions in your Lordships' House.