SECRET
PREFACE
The Case for Change
There have been many changes in British society and in this country's role in the world since the British Nationality Act which provides the basis of our citizenship was passed in 1948. The law has been amended on numerous occasions so that it is in some respects complicated and obscure. Moreover, because Britain is no longer an Imperial power the all-embracing concept of nationality associated with this role, including the citizenship of the United Kingdom and Colonies, is no longer appropriate. It follows there is need now to examine how our nationality law can be simplified and brought up-to- date.
Shortly after taking office the Government, in accordance with the Labour Party Manifesto of February 1974, set up a group to examine what should be done, This discussion document is based largely on their work.
The Government do not intend to introduce early legislation on the subject. They recognise that there is room for differing views both on the principles and details of a new scheme, and they think it right to give ample time for study and discussion of the ideas in the document, which would affect everyone in this country and many people overseas. The Government have themselves reached no firm conclusions on many of these ideas. But where they are at present inclined towards a particular course the document says so.
The law of nationality evolved slowly and it is only comparatively recently that it has had a statutory basis. The Government are anxious to ensure that any revision of the law should provide a system which is both satisfactory and lasting: and that in removing difficulties and grievances which changes in the nature of the Commonwealth since 1948 have placed on the system then introduced, it should not create fresh difficulties. This is a complex task requiring time for full consideration of all the issues involved.
The main ideas canvassed in the document are summarised below, They are designed to put right the main defect in our present law. This is that our present citizenship of the United Kingdom and Colonies, as its name implies, relates both to the United Kingdom and overseas territories; it does not identify those who belong to this country and have the right to enter and live here freely; in consequence it prevents the United Kingdom from basing its immigration policies on citizenship. Our citizenship is in these respects different from the citizenships of many other countries including our partners in the European Community.
SECRET