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Borders, Citizenship and Immigration Bill [HL]

My Lords, I thank noble Lords for their contributions to the debate. I appreciate the concerns about discrimination which have led to the amendment being tabled and carrying support from other Benches. The new clause would enable registration by any person born illegitimately to a male British citizen before 2006. In order to explain the Government’s position, it is necessary for me to refer back to when the law changed on 1 July 2006, enabling British citizen fathers to pass on their citizenship to a child born to them out of wedlock. The change was not made retrospectively as it was felt that this could create difficulties for those affected in relation to any other citizenship they held. The Secretary of State currently exercises discretion in the case of those born to illegitimate fathers, and discretion is exercised under the broad remit of Section 3(1) of the Act to enable the registration of children born before 1 July 2006 who are the illegitimate children of British citizens or settled fathers. That has been the case since the Family Reform Act removed any distinction between legitimate and illegitimate children in other areas of law in 1987. The exercise of discretion under Section 3(1) applies only to those who are minors on the date of application for British citizenship. There is no power in law to register as a British citizen a person who was born illegitimately to a British citizen father before 2006 and who is now an adult, a case powerfully made in Committee and rehearsed again today. We accept that those who were born illegitimately to British citizen fathers were at a disadvantage compared with those whose parents were married. As such, although we are unable to accept the amendment, the Government will consider further the points made in today’s debate. I am grateful to noble Lords for raising the issue and I expect that there will be further opportunities to consider it during the passage of the Bill. On that basis, I hope that the noble Baroness will feel able to withdraw her amendment.