British Nationality (Irish Citizens) Act 2024

Gregory Campbell Excerpts

Tuesday 15th July 2025 Westminster Hall

[Dr Andrew Murrison (in the Chair)]

Mr Gregory Campbell will move the motion and the Minister will respond. I remind other Members that they may make a speech only with prior permission from the Member in charge of the debate and from the Minister.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I beg to move,

That this House has considered the implementation of the British Nationality (Irish Citizens) Act 2024.

It is a pleasure to serve under your chairmanship, Dr Murrison. At the centre of the issue that we are debating today is how successive Governments—Labour, Conservative, Conservative and Lib Dem, and now Labour again—have determined how the issue of nationality in Northern Ireland is dealt with. A consensus has come about, with all the successive Administrations following a series of what have been called internationally binding agreements, including the Anglo-Irish agreement, the Belfast agreement and the St Andrews agreement. They all left successive Governments with the consensus view that people in Northern Ireland who wished to describe themselves as British, Irish or a combination of both could do so. Each successive Government said that they would ensure that they dealt with people impartially and proactively, according to the nationality of their choice—in the constitutional framework of Northern Ireland within the UK, of course.

The consensus emerged, and many people in Northern Ireland expected that to mean—they certainly did not receive any information to the contrary—that whenever a nationality issue arose, there would not be any differentiation or favouritism shown between a person wanting to express an Irish identity and a person wishing to express a British identity, within the context of the United Kingdom. That all came about as a result, as I said, of those successive agreements, but the seeds of the issue in relation to UK passports were sown in 1949, when what is now the Republic of Ireland left the Commonwealth.

At that stage, legislation was passed to allow people who previously had lived in what is now the Republic, and had moved to Northern Ireland, to be regarded as British citizens and to acquire a British passport. That worked fine for a number of years, because most of the people who had moved had moved prior to that date. But obviously, as the decades wore on and we got into the 1960s and the troubles in Northern Ireland emerged, more people who had been born after 1949 were moving from the Republic into Northern Ireland.

For example, if we take the beginning of the troubles, the period from 1969 to 1972, people who had moved to Northern Ireland because of disturbances and violence in the Republic were at that stage in their early or mid-20s. They were born in the period from 1950 right up to the mid-1950s. All of them—including their children—were born after 1949 and none of them was able to avail themselves of a British passport, unless they went through the expensive and time-consuming naturalisation process. Therein lay the problem, because as time wore on, more and more people were falling foul of the 1949 process.

I have in my hands a British passport and an Irish passport. We expected Governments to treat people who were owners of these passports equitably and not to deal with them in a partisan way that would result in someone saying, “Well, is this because I own an Irish passport?” or “Is this because I own a British passport?” I entered this House in 2001, and in June 2005 I tabled my first written parliamentary question, which was to ask the Secretary of State whether he would

“ensure that people who have resided in Northern Ireland for a certain length of time, but were born in the Irish Republic, can obtain a British passport at the same cost as those who were born in Northern Ireland.”—[Official Report, 13 June 2005; Vol. 435, c. 167W.]

The answer was a standard answer about the fee that was payable, and did not distinguish between whether someone was born in the Republic or in Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

I was minded, when my hon. Friend had a passport in either hand there, to think, “Which one is best?” Well, we know which one is best: the British one. Does he agree that one of the benefits is that people who designate as Irish can and do have the facility to apply for the greatest passport in the world—the United Kingdom one? There are people who want to have the protection of their local British embassy, yet they are being precluded from that due to a delay that is difficult to understand, so does my hon. Friend further agree that those in Ireland who designate as British must be enabled to have that British protection that we take for granted with no further delay?

[Mr Campbell]

I thank my hon. Friend for that. Indeed, of the passports that I held, the British one was mine. The other one was not—I can reassure him of that. I acquired it temporarily for the purpose of this debate; I will hand it back to its rightful owner. My hon. Friend is right: we have at long last seen an end to the delay, and I will come to that shortly.

In July 2005, immediately after the non-reply that I got in June 2005, I attempted to drill down and ask about the distinction between those who had been born in the Republic and those born in Northern Ireland. The answer came from the then Under-Secretary of State at the Home Office—now Mayor of Greater Manchester, no less—Mr Andy Burnham. He again indicated that the full fee had to be paid in order for someone who had been born in the Republic but moved to live in Northern Ireland in the past 60-odd years to acquire a British passport. That answer was given 20 years ago this month.

I should add at this stage that I live very close to the border—I was born there. I can walk to the Irish Republic. It is within five miles, so on a good, nice day, I can walk there in an hour or an hour and a half, depending on how quickly I walk. There are 280 crossing points along this uncloseable border, which we have debated in other contexts. The relationship between people who live in the Republic, but close to the border, and those who live in Northern Ireland is intense, because there is much that we share. Those who moved from the Republic to Northern Ireland cherish the fact that their Britishness is enshrined deeply within their family, their generations of service in the military and their loyalty to the Crown—to Her Majesty previously and His Majesty now—so they took great offence at having to go through this expensive process to get what they thought would be their right.

After July 2005, when I seemed to be getting nowhere, I succeeded in November 2005 in getting a private Member’s Bill, which ran into the ground, as most of them do. I then embarked upon a whole series of questions. I will not bore Members with them, but I asked a written parliamentary question in November 2006 and I raised the matter in the Northern Ireland Affairs Committee in 2008—from memory, Dr Murrison, you served with me on the Committee when we looked at this issue—in the Chamber in May 2008, in the Northern Ireland Assembly in June 2011, again in the House of Commons in June 2013, July 2013, March 2014, January 2015, March 2018, November 2018 and February 2019, and again in the Northern Ireland Affairs Committee in October 2019. We were struggling to get through the undergrowth of problems and bureaucracy in sections of the Home Office, to try to convince it that these people were entitled to a British passport.

Then we came to the 2020s. I raised the matter in September 2020, October 2022 and June 2023, and then my right hon. Friend the Member for Belfast East (Gavin Robinson) managed to secure a private Member’s Bill in April 2024, which brought us to where we are today. Thankfully, that got Government support and became law.

[Carla Lockhart (Upper Bann) (DUP)]

The timeline that my hon. Friend has outlined certainly highlights the number of years that he has been in this place. However, the Act must strengthen and not complicate the process. Does he agree that, currently, the practical outworking of the Act is complicating the process, particularly on the financial side?

[Mr Campbell]

Yes. I thank my hon. Friend for making that point, which I am just coming to. Even after my right hon. Friend the Member for Belfast East secured parliamentary support for his Bill, there appeared to be a delay. I raised matter again last September, and in January and May of this year. That brings us to today.

As I understand it, from next week, thankfully, we will have reached the point where people who qualify can apply to obtain a British passport, but the problem is the inequitable nature of the application.

--- Later in debate ---

On resuming—

[Mr Campbell]

As I was saying before I was so rudely interrupted by the Division, the issue now is twofold. I thank the Minister for her assistance in getting a reduction on the standard naturalisation fee, from £1,735 down to a total of £853. The problem is that many people in Northern Ireland who can apply under the new system may well live next door or across the street from someone who wants to apply for an Irish passport, and that person will pay less than £100, while a person who qualifies under the British Nationality (Irish Citizens) Act 2024 has to pay £853. I hope that in the very near future, after the Act has been implemented, the fee can be reviewed, because it is exceptionally exorbitant. I accept that it is a reduction on the full naturalisation fee, but we are talking about people who fully feel themselves to be British citizens. They have been British residents, British taxpayers and British voters for decades, and now they are being asked to pay a fee that is eight times greater than the fee that others have to pay.

The other outstanding issue is the ceremony fee. I can understand that some people will see attending a ceremony as a nice thing to do—I wish them well and hope that they will enjoy the event that they go to. They may regard it as an event to cherish and look back on. But there are others who would take deep offence at having to go through a ceremony to get a passport that they believe they are fully entitled to. No citizen in Northern Ireland who wants to apply for an Irish passport has to rock up to the Dáil and go through a ceremony to get it. They simply apply and pay the fee, and the passport arrives after payment has been received. Hopefully, the ceremony can be made optional or voluntary. I would not want to deprive anyone who wants to attend a ceremony of the opportunity to do so, but, equally, I hope that the views of those who find it deeply objectionable to have to do that can be taken into account and there will be no requirement for one, even if the fee for a ceremony is incorporated in the amount that is payable.

I thank the Minister for her attention thus far. I am glad that she is here today. I thank her for deliberating on the matter and getting us to the point we are at, but these two issues remain unresolved. We have come on a long, protracted journey—every time I switch on the television, whatever the topic, people always seem to be on a journey, and we have been on this journey for 20 years. We are now 95% of the way there. Next week, we will get over the line, but there are two issues outstanding. I hope that the Minister can respond explicitly today and tell us that they will be addressed in short order, but I suspect that she will have to go back to the Home Office. Either way, I hope that the issues can be reviewed and that we can get 100% satisfaction so that people are treated equitably in Northern Ireland whether they regard themselves as Irish citizens or British citizens. Many thousands of people were inadvertently born 2, 3 or 4 miles away from where us UK citizens were born in the UK and long to be regarded in the same way as I and everyone in my immediate vicinity is regarded—as a UK citizen—and to be the proud holder of a cherished UK passport.

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Dr Murrison.

I thank the hon. Member for East Londonderry (Mr Campbell) for securing this debate about the British Nationality (Irish Citizens) Act 2024. I am grateful to him and to others who have campaigned on this issue, notably Lord Hay of Ballyore and the right hon. Member for Belfast East (Gavin Robinson). I also commend the hon. Member for East Londonderry on his long history of engagement; I found it very interesting and helpful to hear how he has progressed his arguments throughout his time in the House.

I note all the contributions so far and thank all Members who have contributed to the debate today. I put on the record my thanks to the right hon. Member for Belfast East, who is not here today, for his steps in bringing the Act before the House in December 2023. His constructive engagement with all parties has been extremely important in bringing the passage of the Act to its conclusion. I was also grateful to meet him earlier this year, when I said that I would do my best to try to ensure that we commence the Act before summer recess. I am extremely pleased that we have been able to do so and I am also very happy to continue our engagement on it.

Last week I was in Northern Ireland, where I was pleased to announce the commencement of the Act, which introduces a new section into the British Nationality Act 1981 to make it easier and cheaper for Irish citizens living in the UK to become British citizens, and it applies across the whole of the UK. The 2024 Act strengthens the relationship between our nations and recognises our shared history, geography and cultural links. While I was in Northern Ireland, I had the opportunity to speak to Cool FM and to The Irish Post to highlight the commencement of this historic piece of legislation.

I have spoken to many people who said they wanted to see us commence this Act because of how it recognises those shared cultural, historic and geographical connections. However, it is also important that Irish citizens who want to become British citizens should have a simpler pathway, which recognises that Irish nationals are treated differently from other nationalities for immigration purposes, as codified in section 3ZA of the Immigration Act 1971. Again, that must be viewed in the context of our historic relationship.

The new route represents that unique relationship between our two countries and builds on the common travel area arrangements that have benefited citizens of both nations for decades. It will enable eligible Irish nationals who have made their home in the UK to participate fully in British society while maintaining their Irish citizenship.

The Act that was introduced into the House of Commons by the right hon. Member for Belfast East initially sought to allow for people born in Ireland after 31 December 1948 to register as a British citizen if they had acquired five years’ residence in Northern Ireland. However, the previous Government and Home Office officials worked alongside the right hon. Member to expand the scope of the initial act to cover Irish citizens of any age.

The Government were pleased to continue the work of the previous Government in commencing the Act following the general election in July last year. Like the previous Government, we wholeheartedly support the underlying principles of the Act and have given due consideration to its different components.

[Mr Campbell]

Does the Minister agree that one of the incongruous parts of the legislative process is that when the Bill, which is now an Act, was being negotiated in the other place, Lord Hay, who she referred to, was part of the process of it becoming an Act despite the fact that, although he could vote on it, he could not acquire the passport? Indeed, he was trying to get the legislation passed to allow him to obtain one.

[Seema Malhotra]

I thank the hon. Member for that contribution. Indeed, he shared that when we met earlier this year. That was a helpful discussion, filling in the legislative and debate history as well as the personal history that contributed to where we have reached.

Hon. Members may be aware that the total cost for an adult to naturalise as a British citizen is £1,735, and the cost to register a child as a British citizen is £1,214. We agreed that those were not acceptable fee levels for applications made under the new route. Under the provisions of the new route, and in the context of a challenging fiscal climate, the application fee is 50% below that for other nationalities. It is £723 plus the citizenship ceremony fee for adults, which brings it to £853, and £607 for children. The fees for children can be waived if they are in the care of the local authority, or if it can be demonstrated that their families cannot afford them.

The new fees represent a substantial saving for Irish citizens resident in the UK who wish to become British citizens, and contrast with other fees associated with citizenship. The previous Government’s opinion from the Act’s passage through Parliament was that fees should be applied, subject to the usual process for establishing fees and charges for border and migration services. We believe that continuing the work in that spirit is the correct pathway for making the new route operational.

The Act extends across the whole of the UK. The decision on a fee, although recommended by the Home Office, is not solely a Home Office decision. The decision must be financially viable across the entirety of Government. It recognises that, although the route is easier, simpler and cheaper for Irish citizens, the checks and operations that are still required contribute to the costs of the migration and border system, as reflected in the fee.

I would like to make a couple of points about questions put by the hon. Member for East Londonderry. The citizenship ceremony is an important part of the British citizenship process. British nationality law requires all successful adults for naturalisation or registration as a British citizen to take an oath and pledge at a citizenship ceremony. They will also get the certificate needed for a passport application at that ceremony.

The hon. Member asked where citizenship ceremonies take place in Northern Ireland. They happen in Hillsborough castle or at Lagan Valley Island and are presided over by one of Northern Ireland’s eight Lord Lieutenants. I hope that is helpful to him in understanding some of the ways in which the operational side happens in Northern Ireland.

I thank all right hon. and hon. Members for their contributions, not just in Westminster Hall today but their work leading up to now. I am extremely pleased to announce that the new provisions set out in the Act will commence on 22 July. I reiterate our support for the underlying principles of the Act and our continued acknowledgment of the shared history and geography of the United Kingdom of Great Britain and Northern Ireland with our friends across the Irish sea. We meanwhile look forward to welcoming applications from eligible Irish citizens via the new route in the near future. I look forward to continuing discussions with the hon. Member for East Londonderry and others as we move forward.

Question put and agreed to.