Kit Malthouse

I am not sure that I accept the hon. Gentleman’s logic. The test of mental capacity in the judicial system applies to everyone equally. If I were being prosecuted for an offence, I would be assessed for mental capacity, just as my hon. Friend would. The court would accept that there might be mitigations for his actions, or a requirement for a different disposal if he lacks mental capacity, but that is an external influence on him. It may come about owing to mental illness or some other kind of disability—who knows? The point is that this comes about through no reason other than birth. My citizenship, or my lack of citizenship, is conferred on me by reason of my birth—my parentage, or my heritage. I cannot do anything about it. I cannot be treated for it, as I can be for mental illness. This is purely because my parents may have come from another country, my skin may be of a different colour, or the country of the origin of my DNA may offer particular rights of citizenship. It is something arbitrary, about which I can do nothing. We might as well have a piece of legislation that says that people with red hair receive different treatment under the law, because there is nothing they can do about that.