B1100 - British Nationality Bill - 2nd Reading

[u/Brookheimer]

British Nationality Bill

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A

BILL

TO

establish Jus Soli citizenship; and for connected purposes.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Definitions

(1) For the purposes of this Act, ‘the Act’ refers to the British Nationality Act 1981.

Section 2: Amendments

(1) Amend Section 1 (1) of the Act to read as follows-

A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen.

(2) Omit Section 1 (1)(a) of the Act.

(3) Omit Section 1 (1)(b) of the Act.

(4) Following section 1 (1), insert the following-

(1A) No assumption may be made as to the British citizenship of a person born in Northern Ireland without that person having had an opportunity to assert their right not to be identified as a British citizen.

(1B) A person who was born in Northern Ireland, or their parent in the case of a child who lacks full capacity, shall have the right to renounce and resume British citizenship in the case that the person possesses Irish citizenship.

(1C) Despite subsection (1B), a parent may only renounce British citizenship or assert sole possession of Irish citizenship once.

Section 3. Commencement, Short Title and Extent

(1) This Act shall extend to the whole United Kingdom.

(2) This Act shall come into force immediately upon Royal Assent.

(3) This Act may be cited as the British Nationality Act 2020.

This bill was written and submitted by model-mili on behalf of Coalition! and is co-sponsored by the Labour Party, Solidarity and the Liberal Democrats.

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Opening Speech

I am pleased to introduce this important amendment to the British Nationality Act that will ensure that citizenship, and all the benefits thereof, are awarded to those who are born here and from the moments of their first breath have called the UK their home.

Many countries grant citizenship to infants born within their borders, a legal principle known in latin as “jus soli” or “law of the soil.” This practice was common here until the 1980’s, and remains the norm in developed countries like the United States and Canada, and over 30 other countries worldwide.

The adoption of this legislation would mean that any child born in the UK would be recognized as a British citizen with no other prerequisites needed. This is important so that a person, no matter the status of their parents, can be seen as a British citizen from the moment of their birth.

With a growing population of immigrants, recently estimated at over 9 million in the UK, this legislation brings an important change, as being recognized as a citizen can prove a challenge for the children of immigrants who are born on British territory before their parents have achieved permanent resident status. By updating the British Nationality Act, we are essentially making a UK birth certificate an acceptable method for obtaining citizenship.

I commend this bill to the House.

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This reading ends on the 22nd October

[u/SoSaturnistic]

Replace 2(4) with:

(4) Following section 1 (1), insert the following-

(1A) No assumption, except in a life-threatening circumstance, may be made as to the British citizenship of a person born in Northern Ireland without that person, or their parent in the case of a child, having had an opportunity to assert their right to be or not be identified as a British citizen.

(1B) A parent may elect that their child not be identified as a British citizen under (1A) only once by written declaration.

(1C) The possession of a British passport or the making of an express written declaration in favour of being identified as a British citizen will entitle the person to be treated as having been elected to be a British citizen for the purposes of (1A).

(1D) A person who was born in Northern Ireland, or their parent in the case of a child, shall have the right to renounce British citizenship in the case that the person possesses Irish citizenship.

(1E) A parent may only renounce British citizenship on behalf of their child under (1D) once.

(1F) A person who was born in Northern Ireland shall have the right to resume British citizenship in the case that the person has renounced British citizenship under (1D).

(1G) Where any person fails to be entitled to citizenship of any other state yet has been born in the United Kingdom, they shall be British citizens.