ER.
CONFIDENTIAL
DRAFT 15.2.77
DRAFT DISCUSSION PAPER
A NEW BRITISH NATIONALITY LAW?
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PREFACE
I. THE CASE FOR CHANCE
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,
which has been amended from time to time, is complicated and obscure,
:
and because Britain is no longer an Imperial power the all-embracing
including f
concept of nationality associated with that role, in particular the
citizenship of the United Kingdom and Colonies, is no longer appropriate.
The main defect in our present law is that our citizenship, as
indeed its name applies, relates both to the United Kingdom and overseas
territories, and so does not provide the ready means which is available
to other countries, including our EEC partners, of identifying those
who belong to the country and have the right to enter and live in it
freely. In contrast, many countries, both Commonwealth and foreign,
have defined their citizenship so that it corresponds either completely
or closely with the right of entry.
The Labour Party Manifesto of February 1974 maintained that the
law of nationality should be revised so that immigration policies could
be based on citizenship; and soon after taking office the Government,
as a first step, set up a group to examine the present law and suggest
alterations. This document is based on their work. It is published
as a discussion document because alterations in the law of citizenship
would affect everyone in this country and many people overseas. There
is room for widely differing views as to what should be done; it is
right that there should be opportunity for interested persons, and CONFIDENTIAL