The new clause is a response to the representations which have been made, particularly in the dependencies, about the effect of the Bill on people who hold [United Kingdom of depassports]but who will not be eligible for British citizenship. It has been argued
that those who hold citizenships or statuses, which derive from some association with
the United Kingdom are in rather a different position from citizens of Commonwealth
and foreign countries. If such people make their home in the United Kingdom, they
should not, like those citizens, have to apply for naturalisation but should, in view of their associations with the United Kingdom, have special access to British citizenship. Representations have also been made on behalf of those who render
particularly deserving service to the Crown in the dependent territories. The
power in subsection 4 of the new clause, which would be used only sparingly, would
enable the Home Secretary to recognise such cases.
The provisions of the new clause are proposed as part of the permanent arrangements for acquiring British citizenship. But they would in fact cover almost all those who would benefit from clause 7 of the Bill which preserves, for a limited period
after the commencement of the Bill, the current right of citizens of the United
Kingdom and Colonies who are subject to immigration control to acquire the right of
abode after five years ordinary residence. Under clause 7, such people would during
this limited period, have an entitlement to British citizenship (and the right of abode in the United Kingdom)once they have met the residential requirement, and
a similar entitlement to British citizenship (and the right of abode) is made available. to certain British subjects and British protected persons on this basis, for the
first time.
Since there is such an overlap between the new clause and the existing clause 7 of
the Bill, the Government proposes that clause 7 should be dropped from the Bill, since it seems no longer necessary.
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However, there is one point on this I should mention. The residential requirement
in clause 7 is based on ordinary residence. But the residential requirement on the
new clause is based on actual presence in this country, subject to specified periods
of absence. It could happen though we think such cases will arise very rarely - that someone settled here before commencement could meet a requirement of 5 years ordinary residence, but could not meet the residential requirements of the new clause,
because say their periods of absence had been too great. To overcome this, the
in these cases Home Secretary would be prepared to exercise his discretion, under subsection 3(a) of the new clause, to accept the residence requirement as having been fulfilled, though the applicant had exceeded the permitted periods of absence.
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