HL Deb 05 June 2003 vol 648 cc1487-9

3.23 p.m.

Lord Dixon-Smith

asked Her Majesty's Government:

Whether they consider it right that a person born in Zimbabwe who has lived and worked in the United Kingdom and subsequently served in the British Armed Forces in the war in Iraq should be denied a British passport.

Lord Bassam of Brighton

My Lords, British passports are issued to persons who hold British nationality as defined by the British Nationality Act 1981. A person born in Zimbabwe before 1st January 1983 will be a British citizen if his or her father was born in the United Kingdom. All that the Passport Agency requires is the necessary documentary evidence to support an application. Residence in the United Kingdom or service in the Armed Forces are not relevant to the question of nationality and eligibility for a passport.

Lord Dixon-Smith

My Lords, I am grateful to the Minister for that response. It indicates that the Government have looked with some care at the case that was reported recently in the press. It appears that an application for a passport has not been rejected. If the Minister gives me that assurance I am most grateful. In view of the fact that it is so easy now for almost anyone to obtain a passport—I understand from the Nationality Group of his department that a successful asylum seeker can achieve a passport within nine months—is he sure that the case was handled with sufficient care when the initial inquiry was made?

Lord Bassam of Brighton

My Lords, the Passport Agency takes particular care with all cases. In the case to which the Question refers, the House will appreciate that it would be inappropriate for me to reveal personal details. If the individual concerned submits a formal application and also provides written consent to the Passport Agency it will be able to undertake a check on Army records, which I would confidently expect to provide the information for the applicant to make a successful passport application.

I have been assured that as long as written consent is given, a speedy resolution to the application can be achieved. Noble Lords can be confident that the Passport Agency wants to be helpful, and I am more than happy to assist in that process.

Lord Burnham

My Lords, the Minister said that service in Her Majesty's Armed Forces does not qualify one for a passport. Why not?

Lord Bassam of Brighton

My Lords, it is not necessarily a relevant piece of information to the passport application. In this instance we are trying to get the right documentary evidence in place so that a successful application can be made.

Lord Dholakia

My Lords, will the Minister confirm whether the Secretary of State has discretion in certain exceptional cases to authorise the issue of British passports; and, if that is the case will he ensure not only in this case but in similar cases that such discretion is exercised, so that people can contribute positively to the social, economic and political life of this country? More importantly, in the case of Zimbabwe, will he ensure that such citizens are treated with fairness because, once the evil regime of Robert Mugabe has been removed, I am sure that many people will return to Zimbabwe?

Lord Bassam of Brighton

My Lords, discretion is limited. In passport applications we are talking essentially about conforming with the process and the criteria. That has to be the case, because it has to be an entirely proper process. I am sure the noble Lord will appreciate that.

Lord Bridges

My Lords, have the Government lately considered preparing a Bill defining the circumstances in which a passport may be issued, withheld or cancelled? Is it not strange that that right, which many people regard as fundamental, is still, as far as I know, determined under the Royal Prerogative? Or is it the case that the European Court of Human Rights has effectively superseded the Royal Prerogative in that regard?

Lord Bassam of Brighton

My Lords, I am not aware of any consideration of a change in policy.

Baroness Gardner of Parkes

My Lords, will the Minister tell me whether there are two separate processes to apply for British nationality and a passport, or whether those two things are linked? Not being a British national I do not know.

Lord Bassam of Brighton

My Lords, the processes are separate.