Willie Hay campaign for British passport cited as DUP try to improve citizenship path for Donegal unionists

Willie Hay’s long campaign to secure a British passport was cited as a private members’ bill was read in the House of Commons aimed at making it easier for unionists born in Donegal to secure UK citizenship.
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DUP MP Gavin Robinson referred to the predicament of the former Derry mayor during the second reading of his British Citizenship (NI) Bill that seeks to allow people born in the 26 counties after 1949 secure a British passport without having to pay high fees or take Britishness tests.

In moving the bill, Mr. Robinson told MPs: “As a proud Ulsterman, I remind colleagues that my Province contains nine counties, although only six of them are in the United Kingdom.

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"While they did so before and have continued to do so since, the Troubles in Northern Ireland perhaps most acutely provided a catalyst for families in Donegal, Monaghan and Cavan to move across the border to be with other relatives.

Willie HayWillie Hay
Willie Hay

"Let us take, for example, my friend in the other place whom I mentioned earlier, Lord Hay of Ballyore. His lineage may best illustrate the point that I am trying to make.

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Simon Murray tells Willie Hay it is not ‘discriminatory’ to make Donegal unionis...

"He was born in April 1950 in Donegal, but for the overwhelming majority of his life he has lived in Londonderry, Northern Ireland. He served on his local council from 1981, was elected to the Northern Ireland Assembly in 1998, and served as its Speaker from 2007 to 2014.

"That year, he was elevated to the House of Lords, and to this day he remains a peer of this realm and a legislator in our Parliament. Yet he is not a British citizen.

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"The question is: should anyone in that position—serving practically, materially and productively—be expected to pay a naturalisation fee of £1,580 and complete a ‘Life in the UK’ citizenship test?

"The notion that he, as a legislator of this Parliament—or anyone in similar circumstances—should have to complete a ‘Life in the UK’ citizenship test does not make sense.

"It would be offensive to some individuals and contrary to the spirit of reciprocation offered through the Belfast agreement in 1998. It would be blind to our history and ignorant of the legal reality.”

Under the current laws Irish unionists born in Donegal after the Irish Republic left the British Commonwealth in 1949 are not automatically entitled to British citizenship, although members of their families, their friends and neighbours born before that date are.

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The erstwhile speaker of the Stormont Assembly who now sits in the House of Lords as Lord Hay of Ballyore, who was born in Milford in 1950, is thus not entitled to a British Passport.

The 73-year-old who has lived in Derry for 67 years of his life has described the situation as ‘ridiculous’.

Irish unionists born after 1949, like him, who have been residents of the United Kingdom for more than five years must apply for naturalisation and pay a fee that has now risen to £1,580.

Responding to Mr. Robinson’s private members’ bill to redress the situation Tom Pursglove, the Minister for Legal Migration and the Border at the Home Office, indicated the government was supportive of the ‘underlying principle’ of the bill and that ‘we will work with the hon. Gentleman to produce an amended version in Committee’.

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"When those changes have been made, the Bill will enjoy the Government’s full support,” he said.

Mr. Pursglove said the bill will introduce a more appropriate route for people who could otherwise seek to naturalise.

"It is, of course, possible that the route may yet be used proportionately more by people resident in Northern Ireland, but we think it is important that British citizenship reflects ties to the whole United Kingdom, not just one constituent part.

"It is our belief that a dedicated route for Irish citizens would reduce the burden for applicants, creating a more straightforward route to becoming a British citizen,” he stated.

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The junior minister suggested a lower naturalisation fee than the present £1,580 bill may be possible but it would require further legislation.

“That would potentially also allow for the charging of a lower fee, although no firm decision has been made, and that would form part of later secondary legislation, made through the fees Order, should the Bill attain Royal Assent.

"I suspect that the hon. Gentleman will be keen to have conversations with me on that point, and I am definitely willing to engage constructively as we take the Bill forward,” said Mr. Pursglove.

Mr. Robinson’s bill, however, would do away with the ‘Life in the UK’ citizenship test.

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Mr. Pursglove noted the bill will pertain to ‘all Irish nationals, regardless of how they became Irish, and not just to those born in Ireland’, that it ‘will not have a requirement that an Irish national must have been born after a certain date’ and that ‘qualifying residents will be able to be from any part of the United Kingdom, and not just Northern Ireland’.

Previously the Home Office has displayed resistance to any relaxation of the citizenship entitlement for Irish unionists born after 1949.

In November 2022 Parliamentary Under-Secretary of State at the Home Department, Simon Murray rejected Lord Hay’s claim that the naturalisation fee and citizenship test were unfair.

He said: "If an individual opts not to become a British citizen when they first become eligible to do so, and so resides in the UK for far longer than the minimum time period needed, they will still need to meet the same statutory requirements as any other applicant.

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"This is fair and applies to applicants of any nationality. The noble Lord, Lord Hay, noted that the process was, in his view, discriminatory. I do not accept that, because it is important when considering naturalisation that everyone is treated the same.”