Caroline Sawyer, Helena Wray
residence to check that they are ‘appropriate’. They also support the ‘voluntary’
repatriation of immigrants aided by ‘generous financial incentives’.66
4.2 The trajectory of recent reform proposals
In 2006, the Labour Government announced a review of the immigration system with
the aim of consolidating legislation, including on citizenship. During the summer of
2007, it consulted on Simplifying Immigration Law, and the Green Paper (formal
Parliamentary document proposing legislative reform) The Path to Citizenship, was
published for consultation in the spring of 2008. The background was concern at the
apparent failure of some communities of immigrant descent to integrate satisfactorily
into mainstream society and the emergence of apparently ‘segregated communities’.
Anxiety was heightened after the London bombings of 2005 perpetrated by British
citizens, all educated and three out of four born in the UK. Nonetheless, critics widely
challenged the presumptions upon which policy was based (see, for example, Finney
and Simpson 2008).
The White Paper was foreshadowed when Prime Minister Gordon Brown
commissioned the former Attorney General Peter Goldsmith to write a paper on
‘citizenship’. The result, Citizenship: our Common Bond, was published in February
2008, together with the academic work commissioned by him for the paper. The
scope of both the paper itself and the work commissioned for it tended to elide the
two main political questions surrounding ‘citizenship’, namely to whom citizenship
should be attributed – who is or should be British – and the issue of the meaning of
Britishness.67 It may be for this reason that it does not give an impression of being a
full or satisfactorily rigorous examination of any the issues, though it was widely
reported in the media, with emphasis on his enthusiasm for citizenship ceremonies
and civic participation.
The Government Green Paper The Path to Citizenship proposed radical
changes to both settlement and naturalisation.68 The subsequent Borders, Citizenship
and Immigration Act 2009 created a framework for reform including the novel
concept of ‘active citizenship’ which would require those seeking naturalisation to
undertake some form of community service outside the home. Indefinite leave to
remain was to be replaced with ‘permanent residence’, which would generally take
longer to acquire than citizenship, and ‘probationary citizenship’, which was not a
form of citizenship but another immigration status. It appeared that the children of
those on probationary citizenship would not be born British citizens in the UK and the
number of children born either stateless or without British nationality despite their
parents’ lengthy residence would have increased.
The ethos behind The Path to Citizenship and the 2009 Act was an odd
mixture in which naturalisation as an extension of immigration control competed with
a desire to strengthen the bonds of citizenship. The result was a complex structure of
doubtful legality and practicality. While the Act was passed, the sections relating to
naturalisation were not implemented and were abandoned by the Coalition
government who have, as earlier mentioned, focused their energies principally on
blocking routes of entry and settlement. The underlying narrative and aims have
66
http://www.bnp.org.uk/policies/immigration
67
Although this does appear to take a very wide view of the remit put forward by Gordon Brown (at
Appendix A of the paper), it is clear from his comments in a national newspaper (Goldsmith 2007) that
Lord Goldsmith considered this appropriate and important: ‘We seem to take for granted what
citizenship stands for. Our shared history may have held us together in the past but our society has
changed a great deal. …’
68
A government document issued as the first stage of formal consultation on proposed reforms. A
White Paper generally follows, with a more formal statement of government policy.
26
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