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British Nationality
[22 JULY 1981 ]
live-if that is what they choose to do—we think that this close association, combined with a period of residence here, would justify, and does justify, conferring British citizenship on special terms--and by "special terms " I mean without any impediment whatever. So we have provided in Clause 4 of the Bill that citizens of the British dependent territories will, after five years' residence here, be entitled as of right to British citizen- ship, on application.
Thus, the Government have created a citizenship for those whose close personal connections lie with the British dependent territories and have provided that they shall enjoy access to British citizenship on special terms should they wish to come and live in this country. My noble friend Lord Bethell now proposes, in this amendment, that the people of Gibraltar--and Gibraltar alone-should be given extra and special privileges as regards acquiring British citizenship, and that they, alone, of all the people of the dependent territories, should be eligible for British citizenship without establishing any residential or other links with this country, beyond what all Gibraltarians and, indeed, all citizens of all dependent territories still have.
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I must say to your Lordships that although the Government yield to none in their feelings towards British Gibraltar, this immediate entitlement citizenship would most seriously undermine what is, in our view, the most important principle of all in this Bill; namely, that British citizenship should be held only by those whose most intimate connections are with the United Kingdom itself and the territory of the United Kingdom itself. Under this Bill the people of Gibraltar, who after all are living in Gibraltar, not in the United Kingdom, would acquire citizenship of the British Dependent Territories. However, they would continue to be able to come and go to and from this country as they wish, and if after a period of five years' residence they wish to assume British citizen- ship, they will have the absolute right to do so.
This seems to us to be the right and proper balance, taking account, as I say, of reality, of equity and of special relationship. The fact that they are Gibral- tarians, normally living in Gibraltar, gives them citizenship of British Dependent Territories. But in view of their special relationship, if they wish to come here and live here for five years, then British citizenship is open to them.
It was argued-if I understood him aright--my by noble friend Lord Bethell that Gibraltar already enjoys a special status among the dependencies as it is the only one covered by Article 227 of the Treaty of Rome. This, I think he said, justifies according preferential treatment to the people of Gibraltar and those who have ties with her. But this does not follow in nation- ality matters. The inclusion of Gibraltar in the European Community stems from the provisions of the Treaty of Rome. The status of a territory under the Treaty of Rome does not affect the status of that territory in our nationality law or have anything to do with it.
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the European Community in the same way as do the citizens of the United Kingdom. That is what it means. In no way will this be altered when this
The fact that people from Gibraltar are included in the definition of "national" for European Community purposes does not mean that they should have particular privileges in acquiring our citizenship. It means one thing and one thing only that the people of Gibraltar should enjoy the benefits of membership of
Bill is enacted.
Nor, I submit, will the other dependencies be prepared to accept this argument either. I really must stress this point firmly. The other dependencies, and in particular Hong Kong, do say and will say that if all Gibraltarians are automatically to have British citizen- ship, enshrined in legislation, and the right of abode here merely on application, then they will want similar privileges. What we grant to one we shall-to put it
no higher-certainly be under great pressure to conccde to others. The other dependencies do not accept the primacy of Gibraltar in this respect. I question very much whether the Committee would think that we were wise to try to pick and choose between depen- dencies.
If there are to be special cases, then every dependent The Falkland territory will make its special case. Islands view their relationship with the Argentine as putting them in no less unique a position than that of Gibraltar in relation to Spain. Nor is Gibraltar the only dependent territory whose chances of becoming independent are, in practice, almost non existent. The same can be said of at least five others: of St. Helena, the Falkland Islands, Pitcairn Islands, Mont- serrat and Hong Kong. Let there be no doubt that the dependent territories all feel very strongly on this issue, and in this Bill as it stands we are treating them all alike.
My right honourable friend the Home Secretary told another place that he knew that Hong Kong felt I can assure strongly because they had told him so. noble Lords that the Government have received representations from other territories too. If your Lordships were to accept this amendment, we should open the way to vigorous pleas for similar treatment from other dependent territories.
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However, such treatment for all dependent territories would lead to a situation which I am sure your Lord- ships would consider to be very serious indeed. For there would be a wholly new immigration commitment of very substantial proportions. I join with my right honourable friend the Home Secretary in suggesting that this would be unacceptable. I should like to quote just a couple of sentences of what my right 11 honourable friend said in another place:
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We would have a new British citizenship with immigration commitments for the future which, I am sure, nearly every hon. It is important that Member would regard as unacceptable.
I say that to the House. That is why I do not believe that we should give way on the amendments".
I must assure your Lordships that the Government fully appreciate the deep and sincere concern of people in Gibraltar about the British Nationality Bill. We have sought to meet this concern in the following ways, and we believe them to be effective. First, we made it clear from the start that the creation of citizen- ship of the British dependent territories would in no way alter the relationship between dependent territories and the United Kingdom, nor would it affect our obligations and commitments to the dependent terri- tories and their citizens. These assurances apply to Gibraltar as much as to any other dependent territory.
Secondly, so far as Gibraltar itself is concerned, successive Governments have given repeated and specific
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