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1. You have seen the telegram from PS/Mr Blaker to Mr Cortazzi (Manila telno 395 of 26 September) about the provisions in the new nationality legislation for transmission of British citizenship by descent. There had already been consideration of most of the points mentioned and it is continuing. The position is as follows.
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The Home Secretary's letter of 22 August to Mr Pym and other members of the Home Affairs Committee did not clear the question with the Committee. we have not seen the replies to the Home Secretary's letter (the Home Office have promised to send them to us) but we understand from the Home Office that some members are still not satisfied that enough has been done to meet
Mr Hebbureter, for example, is
Heseltine & the needs of British businessmen overseas.
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said to be advocating a scheme which would involve the registration of British businessmen overseas to secure the transmission of their citizenship beyond the first generation, but we are awaiting details. C are not represented on the Home Affairs Committee, we were belatedly sent a
Though the FCO copy of the Home Secretary's letter, in reply to it the Lord Privy Seal said that we still thought that a provision, along the lines of the New Zealand formula, to allow for the upgrading of the status of first genera- tion born overseas to equate with that of the British citizen by birth so that he could automatically transmit his citizenship to any of his children born overseas was feasible and that we were awaiting the response to Mr Luce's letter of 17 August to Mr Raison on this subject. we still await that reply. In brief, both FCO Ministers and Ministers in the Home Affairs Committee have said that they are still not satisfied with the Home Office proposals.
3. Some time ago, TRED sought views of Chambers of Commerce on this provision as it effects British businessmen overseas. They naturally pleaded strongly for the children of British businessmen born overseas to be given privileged treatment. The Home Office are aware of this. However, we have not yet consulted the Department of Trade direct.
I am checking whether they were invited to attend the Home Affairs Committee meeting (they are not a standing member of the Committee). If they are not aware of this development I will consider urgently how best to consult them.
I had considered the Home Office argument that a New Zealand type provision could be exploited by people from countries of immigration. While theoretically it could, I am sceptical that any such danger is significant and real. However, Migration and Visa Department, whom I have consulted, feel unable to say that there would not be a considerable possibility for extensive acquisition of citizenship and right of abode in the UK from countries of immigration in this way.
5. We are still considering various possibilities within the FCO, including the consequences of transmission automatically to the second generation born overseas. However, as I see it, a provision for registra- tion of minor children as proposed by the Home Office and/or a New Zealand type provision will be necessary in any event. The Home Office accept that there must be some such provision. The only question is what form it should take and how far it should go.
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