Immigration, Asylum and Nationality Bill

moved Amendment No. 14:"Page 32, line 5, leave out ““not””" The noble Baroness said: My Lords, in moving Amendment No. 14 I will speak also to Amendments Nos. 17, 19 to 24, 26 and 30. This is a rather complicated set of amendments, although the arguments for them are really quite simple. The justification for the amendment is that it attempts to exempt babies, certain categories of minor and British nationals without the right of abode, from the good character test in applications for registration by entitlement. Clause 58 allows for the good character test to be extended to applications for registration as a British national. Currently this is applied only to naturalisation applications. Registration by entitlement recognises that there are certain people who have a right to become British under nationality law. Naturalisation, on the other hand, is only ever discretionary. The distinction between the two is therefore important. To import a lower standard of good character removes that distinction. People who will be affected in the main by the clause are minor children under 18. However, no justification has been advanced on public policy grounds. The good character test here goes far beyond terrorism. Although in appropriate cases there may be justification for denying someone British nationality, the good character test is too wide for that justification. A more appropriate power would in that event be that of ““seriously prejudicial””. Sections 3(2) and 17(2) of the British Nationality Act 1981 and Article 6(3) of the Hong Kong (British Nationality) Order 1986 all concern entitlement to registration for babies within 12 months of the date of their birth. The Minister said in Grand Committee:"““Concern has been expressed that we would extend the rule to very young children or even babies . . . Of course, the rules would state that that would be a silly thing to do, and it would not happen””.—[Official Report, 19/1/06; col. GC 279.]" Sections 1(3), 1(4), 15(3), 15(4) and 17(5) of the British Nationality Act 1981 all concern registration by entitlement of minors. I welcome the Government’s amendment to the effect that children under the age of 10 should not be subject to the good character test under this provision. We shall debate that amendment later. However, it appears none the less that babies born to British parents overseas who would have to register within one year of birth as British still remain on the face of the Bill, even though other categories of babies have been deleted from it. That does not make much sense. In order to be consistent the amendment proposes that that category is deleted from the Bill also. Although I welcome the Government’s amendment I nevertheless remain concerned that children as young as 10 will be subject to a good character test. These minors have an existing right that is recognised under nationality law to become British. There is no justification for them to be subject to a good character test. We are concerned that a case might arise of a teenager brought up in the UK for some years who is unable to register on the basis of entitlement because of having received an ASBO or attended a public meeting deemed to be glorifying terrorism or some other subject. We seek assurance on that point. Children who have been troubled teenagers are not automatically bad adults or bad citizens. I beg to move.