Nationality and Borders Bill — Clause 71 — Electronic Travel Authorisations — Local Journeys from the Republic of Ireland to Northern Ireland — 22 Mar 2022 at 19:18

The majority of MPs voted not to exempt all those travelling to Northern Ireland on a local journey from the Republic of Ireland from a requirement to have an Electronic Travel Authorisation in-place. British citizens and those able to enter the UK without leave from outside the common travel area (comprising the United Kingdom, Ireland, Jersey, Guernsey and the Isle of Man) were already to be exempt.

MPs were considering the Nationality and Borders Bill.^[1][2][3]

The motion supported by the majority of MPs in this vote was:

• That this House disagrees with Lords amendment 26.

Lords amendment 26 stated^[4]:

• Page 74, line 16, at end insert—
• “(c) the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”

Explanatory notes to the Lords Amendment rejected in this vote state^[5]:

• The amendment inserts a new paragraph (c) into the new s.11C(3) of the Immigration Act 1971, stating that the Secretary of State cannot impose an ETA requirement on any person travelling to Northern Ireland from Ireland on a local journey. Accordingly, those who require an ETA would be legally permitted to enter the UK across the land border on the island of Ireland without obtaining an ETA

ETA stands for Electronic Travel Authorisation.

Had it not been rejected the amendment would have impacted Clause 71 of the Bill^[2][3] which was titled: Electronic travel authorisations and provided for a new part to be added to the Immigration Act 1971 on the subject, including provisions stating:

• (2) Immigration rules may require an individual of a description specified in the rules not to travel to the United Kingdom from any place (including a place in the common travel area), whether with a view to entering the United Kingdom or to passing through it without entering, unless the individual has an ETA that is valid for the individual’s journey to the United Kingdom.
• (3) The rules may not impose this requirement on an individual if—
• (a) the individual is a British citizen, or
• (b) the individual would, on arrival in the United Kingdom, be entitled to enter without leave.
• (4) In relation to an individual travelling to the United Kingdom on a local journey from a place in the common travel area, subsection (3)(b) applies only if the individual would also be entitled to enter without leave if the journey were instead from a place outside the common travel area

The Common Travel Area comprises "the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland".^[6]

The Explanatory notes to the Bill^[3] explain the Government's motivation for bringing in Electronic Travel Authorisations as being to:

• enhance the Government’s ability to screen people in advance of arrival and prevent the travel of those who pose a threat to the UK

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• [1] Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
• [2] Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [3] Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [4] Lords amendments to the Nationality and Borders Bill 15 March 2022, Parliament.uk
• [5] Explanatory notes on Lords amendments to the Nationality and Borders Bill 21 March 2022, Parliament.uk
• [6] Common Travel Area: rights of UK and Irish citizens, Gov.uk

Debate in Parliament |