I have notice from Senator Pascal Mooney that, on the Motion for the Adjournment of the House today he proposes to raise the following matter: the need for the Minister for Foreign Affairs to clarify the position in relation to the British Nationality Act, 1981, in view of the widespread concern expressed by Irish citizens resident in the United Kingdom.
Adjournment Matter. - British Nationality Act, 1981.
An Leas-Chathaoirleach
I should like to thank the Minister for his presence, particularly considering the Christmas season. I am sure he is anxious, like the rest of us, to get away. I deeply appreciate his presence here. I do not intend to keep the House very long.
In replying I hope he will allay the very real fears of some of our citizens currently residing in the United Kingdom in relation to the consequences of the British Nationality Act, 1981. The excellent work of the London Embassy in recent months has gone some way towards reducing the initial alarm apparent in the Irish community following the number of scare stories generated by that nebulous organisation — the rumour machine — as the 31 December deadline approaches.
No one issue has mobilised the Irish community in Britain in recent years to the extent that this has. Our embassy in London was so inundated with inquiries that one of the early initiatives taken by the newly appointed Ambassador, His Excellency Andrew O'Rourke, following his appointment during the summer, was to arrange for an information sheet to be made available while the embassy's already stretched resources were further stretched by having embassy officials attend specifically convened meetings to discuss the implementation of the British Nationality Act, 1981, as its provisions apply to Irish people residing in the United Kingdom.
The tremendous efforts of the Irish organisations in Britain, in conveying information to the Irish community, should be recorded and appreciated. One meeting organised by the Irish Centre in Camden Town attracted an attendance in excess of 300 people, such was the interest generated.
I have outlined the background to this issue in order to impress on the Government and the Minister the very real concern and, in some cases, fear of a section of the Irish community in Britain about the provisions of the Act that, in some way, their rights and privileges currently enjoyed in the United Kingdom would be eroded as a result of the passage of the legislation. That is their main fear. What is this fear? It centres mainly around the question of State benefits and residency qualifications. If an Irish citizen does not register for British citizenship before 31 December specific concerns raised at the series of meetings — to which I referred earlier — include the position of an Irish citizen who moves back to Ireland who could be prevented from seeking Department of Health and Social Security benefits if he or she chooses to return to the United Kingdom.
In the case of Irish citizens with families, some of whom are Irish citizens — having been born here and other members of the same family born in the United Kingdom — raises the question, for example: will the Irish born be deprived of such State benefits as may accrue, by right, to a citizen of the United Kingdom while the same benefits will not accrue to the other members of the family because they were born in Ireland?
There is also the position of psychiatric patients who are Irish citizens and who could find themselves released from State institutions and placed in community care. Due to lack of funds in some local authority areas community services have not been sufficiently developed to absorb such people. Consequently, these unfortunate people could find themselves homeless and not eligible for State benefits on account of their nationality. Will such Irish citizens be liable to deportation? These legitimate concerns expressed, admittedly by the elderly Irish domiciled in the United Kingdom rather than the more recent, younger generation of emigrants, comes at a time when British Government policy seems to be directed at dismantling the welfare system to the point where British citizens only will ultimately be eligible for whatever limited form of State benefits system will emerge from this reform of the entire system. The recent action of the Camden Council in London, in refusing housing accommodation to nine Irish citizens whom they deem to be eligible for housing in Ireland, has raised the temperature among Irish organisations in the United Kingdom. They argue — not without reason — that the future thrust of British Government policy is to exclude as many as possible from the State benefit system in keeping with the Prime Minister's penchant in recent years for a return to Victorian values.
I am not arguing for a special case for Irish citizens but rather that the rights enjoyed by British citizens in Ireland will continue to be reciprocated and that Irish citizens in the United Kingdom will not be victimised as a result of their not registering for British nationality before the end of this month. In the short to medium term I do not believe they will be in any way discriminated against. I believe they have no need to register before 31 December. I should be grateful if the Minister could address the fears of those of our citizens who have lived and worked in the United Kingdom, who have paid their taxes and generally made a worthwhile contribution to post-war reconstruction in Great Britain, at a time when they were desperately in need of such skilled labour which this country could provide. Indeed, sadly for us, this country is still supplying people of that calibre in huge numbers. Law-abiding citizens who, in the twilight of their lives, should be permitted to live without even a perceived threat hanging over their status, who, because of the difficulties obtaining, afforded them little choice but to take the emigrant ship — and who have maintained their Irish citizenship and that deep affection for their mother country, should not be discriminated against.
I am confident that the Government will allay these fears, as outlined, and will continue to see it as the duty of any Irish Government to monitor, on a continuous basis, the status and conditions of our citizens abroad.
I am grateful to Senator Mooney for the opportunity of reiterating in this House when I have already said on a number of occasions in England recently. I agree with him that it is an urgent matter, one causing much anxiety on the part of our citizens in England.
The Government are aware that there has been widespread concern among sections of the Irish Community in Britain about what they see as the possible implications of the British Nationality Act, 1981.
The policy of successive Irish Governments has always been to develop the closest possible links with the Irish community and, in particular, with Irish organisations in Britain. In pursuit of this policy, the Tánaiste travelled, in May last, to the annual conference in Jersey of the Federation of Irish Societies. This enabled him to meet with the federation and to listen to their views and concerns. He also met the federation on their visit to Dublin in September. I myself also made three recent visits to Irish community groups, two in London and one in Manchester. We are, therefore, engaged in an on-going dialogue with the responsible and representative leaders of the Irish community in Britain. It is as a result of this dialogue, and through the active work of the Embassy in London — a matter which has been referred to by Senator Mooney — that we have become aware of the current concern about the British Nationality Act, 1981.
Perhaps I should first explain to the House the implications of the Act. Under the Act, the option is open to Irish citizens who have been living in Britain since before 1 January 1973, to register as British citizens if they fulfil the following requirements: (a) they are over 18 years of age; (b) pay £60 sterling; (c) show evidence that they have lived in Britain for the required period; and (d) complete the necessary formalities which include a declaration of allegiance. Applications for registration under the Act must take place before 31 December, 1987.
There is, of course, no question of an obligation on Irish citizens to register. However, if Irish people do decide to register they will not lose their Irish citizenship. They will retain their right to an Irish passport and to the other benefits of Irish citizenship. Registration, in effect would mean that the person concerned would be a dual citizen of Britain and Ireland.
However, to deal with Senator Mooney's points I might emphasise one basic point. The rights and duties which Irish citizens currently enjoy in Britain and the reciprocal rights of British people here will not be affected by the expiry of the 31 December 1987 deadline. Therefore if Irish people decide not to register their current status will be unchanged. Moreover, the option to apply for naturalisation will continue to be open to anyone who has been resident in Britain for the required 5-year period. I might add that this is unrelated to the 31 December deadline contained in the British Nationality Act, 1981.
The basic rights of Irish people in Britain today may be summarised as: first, the right to take up residence; second, the right to take up employment; third, the right to travel freely between Britain and Ireland, fourth the right to receive social security, health care and retirement pensions.
All these rights are based on Acts of the British Parliament, other than the British Nationality Act 1981, including the Ireland Act, 1949, the Representation of the People Act, 1949, and the Immigration Act, 1971. These rights are unaffected by the British Nationality Act. These have in part also been strengthened by our common membership of the European Economic Community.
No Irish Government would, of course, be able to give an open-ended and binding commitment that the British Parliament will not alter the above Acts at a future time. It is fair, however, to say that such a course of action is extremely unlikely in the foreseeable future. In fact, in the context of our joint membership of the European Community, the trend is for greater freedom of movement rather than for the imposition of new restrictions.
At the same time, I appreciate and understand the apprehension of some members of the Irish Community. The Government, therefore, have begun a vigorous information campaign on the issue. The Embassy, for instance, has taken out advertisements in Irish newspapers in Britain explaining the implications of the Act. We have followed this up with additional advertising in other relevant publications such as the Catholic Herald and the Scottish Catholic Observer. In addition, staff from the Irish Embassy in London have been attending and speaking at the information meetings on the Act. I would like to join him in thanking the Embassy staff for their tremendous efforts in this work. These meetings have been attracting very large numbers.
The Government will actively continue the above information campaign. In doing so, we also pay tribute to the good work being done by the Federation of Irish Societies and by the Irish in Britain Representation Group. I can assure all responsible Irish organisations in Britain that they can count on the assistance of the Irish Embassy in their endeavours to explain the Act to their members.
The Government hope that, as a result of the co-ordination drive by the Embassy and by Irish organisations, any fears and concerns that still exist can be quickly allayed. If, however, any Irish people have continuing doubts about the Act they should contact the Embassy in London who will be more than happy to help. The Embassy has been in active contact with the British Home Office on the issue and will as a result, be able to respond fully to any questions. I might add that the Embassy is already dealing with in the region of 150 telephone inquiries a day about the Nationality Act.
I hope that I have answered the questions which have arisen here tonight. I welcome this debate. In particular, the issues which affect the Irish community in Britain are a matter of concern for all of us. I would, therefore, like to pay tribute to Senator Mooney for his concern and commitment on that and indeed other issues which affect our people overseas. I hope that I have succeeded in clarifying the situation and in allaying those fears and worries that still exist. I will be happy to help any Senator who may have special inquiries to make.
The Seanad adjourned at 9.30 p.m. until 10.30 a.m. on Friday, 18 December 1987.