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British Nationality
[ LORDS]
[LORD HUGHES.] They said, "Come into Spain; you will have exactly the same rights as all Spaniards ".
The wish for full British citizenship is not dictated by any desire on the part of Gibraltarians to leave their home-the home they love. They do not wish to come here to live and work in Britain. After all, if they did wish to do that they could do it at present without let or hindrance as EEC nationals. Their wish is dictated, I believe, by something not so material- istic as that: not something you can put a cash value on, but something which they could share with all your Lordships- an indefinable inner pride at being British.
Apart from the seven years for which I was a Scottish Minister, my interventions in debates in this House have been almost always on Scottish affairs.
It has
perhaps not escaped your Lordships' notice that, from my accent, I am a Scot and from some of the debates which I have taken part in as regards Scottish affairs your Lordships will have gathered the impression that I am proud to be a Scot. But I am proud of the fact that on my passport I declare myself to be British. I do not say that I am Scottish or my passport and ! do not say that I am Scottish when I am abroad al- though I do not conceal the fact that I am a Scot. However, I am proud to be British. I can understand fully why the people on the Rock say that they are Gibraltarians but, like me, and like all of us in this Committee, they are proud to be British.
66
Gibraltar is described in this Bill as a dependent territory. When there was a delegation here from Gibraltar the other week one of the members--the leader of the Opposition who at one time campaigned in an election for integration into Britain-said that he did not like the word dependent" because he certainly did not feel that that was a proper description of their relationship with Britain. In this matter, however, I think that I can emphasise on their behalf that Gibraltarians are dependent; today they are dependent on your Lordships for the continued right to be what, at the last official count--the referendum to which the noble Lord, Lord Bethell, referred-all but 44 of them decided they wished to be British citizens, first class. I hope that this Committee will not let them down.
3.27
p.m.
The Lord President of the Council (Lord Soames): 1 wondered whether it might not be for the convenienc› of the Committee if I were to intervene at an early stage of this important debate so that I could give the Committee some indication of how the Government view the amendment proposed by my noble friend Lord Bethell to insert a new clause. The purpose of this amendment was well explained both by my noble friend and by the noble Lord. Lord Hughes: it is intended to give all the people of Gibraltar an im- mediate entitlement to British citizer ship on application.
Her Majesty's Government yiel to none in their admiration, respect and affection for Gibraltor and its people and had the case rested solely upon what was put forward by my noble friend Lord Bethell, and had the case been, indeed, what he did put forward, then I think that there would be a case for his amendment.
Bill
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However, it was not all totally correct and it left a good deal out and it is to those aspects of the case that I think it would be a help to the Committee if I were to addres.. myself.
First, I want to say, and most emphatically, that this nationality Bill does not in any way weaken the commit- ment of Her Majesty's Government, or of this country, to the people of Gibraltar. It does not affect Gibraltar's position as part of the European Community-it has nothing to do with it--or, in particular, the rights of Gibraltarians to free movement of labour within the Community. We shall certainly ensure that, when this Bill is passed, our definition of " national” for Euro- pean Community purposes continues to include the people of Gibraltar as it does at present. Noble Lords need have no fear on that score. Nor is there any question of the immigration arrangements, under which Gibraltarians come here quite freely, being in any way affected by the Bill. The Government have given these assurances, but I am glad to have this opportunity to repeat thein, for think that they cannot be given too often.
However, we must consider the amendment against the central objectives of the Bill as a whole. I want here to address myself to the three factors involved: what is equitable; what is realistic; and also there are all our deep feelings for the peoples of Gibraltar. I think that all of those three aspects must be covered. I think that there is general agreement that today our present citizenship of the United Kingdom and Colonies is misleading and unsatisfactory for a number of Being, as it is, indeed, a remnant- -a hangover -from colonial days, it is held today by many people, citizens of independent states, who do not have the right to enter either the United Kingdom or a dependent territory. What is more, it does not distinguish those who belong to the dependent territories and, therefore, have a particular and continuing relationship with the United Kingdom in the way that the people of Gibraltar do.
reasons.
44
The previous Administration in their Green Paper canvassed the idea--because that is all that the Green Paper did that all those citizens of the United King- dom and Colonies who did not become British citizens should be known as British overseas citizens", be they then residing in independent nations or a still dependent territory--either. The present Govern- ment's view is that this did not adequately reflect our strong and still special ties with our dependencies. So in the White Paper which was published last year we said that we wished the status of the peoples of the dependent territories to be positively recognised as such, as being different from those citizens of what were colonies and what are now independent states. There- fore, we proposed- and have created in this Bill- a distinctive citizenship of the British dependent territories which is to be held by those, and only those, who have close persona! ties with the dependent territories. This, surely, has the advantage of accura- tely reflecting their status, for it is what they are; they are people of those territories.
Thus, we now recognise that those who will hold citizenship of the British dependent territories have a special tie with us, one of quite a different character, from that of citizens of former colonies which are now independent. When they come to this country to