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253
British Nationality
D HOME OF THI. HIRSEL.]
[ LORDS]
noble and gallant Lord, Lord Carver, referred.
But it is that there are other territories, British dependent territories, in exactly parallel constitutional circum- stances who would advance the same claim, and indeed have done so and are doing so.
Your Lordships are aware in relation to this Bill that Hong Kong, for example, is insistent that, what- ever the conditions laid down by Parliament, there should be no exceptions for them.
I think all of your Lordships know--we all know for certain--that we could not concede the status now asked for Gibraltar to the colony and dependent territory of Hong Kong We could not do it. Therefore, I come to the con- clusion that, although one may argue in sentiment for Gibraltar, or the Falkland Islands-because the Falk- land Islands are a rather parallel case--or argue expediency because there is pressure on either of those two territories, that sentiment and expediency are an unsound ground on which to build an edifice of nationality and citizenship. Therefore, the test must he equity and justice as between territories of exactly the same constitutional status. If those be the criteria, I must conclude that exceptions must not be made in this case. In relation to Gibraltar, as I said earlier, I should prefer to stand on the very special status, the very special relationship which has been woven between us in this matter and on the certainty of British citizen- ship that any Gibraltarian citizen needed. But I cannot vote for an amendment which has made exceptions in our protected territories.
Lord Campbell of Croy: I also should like to support|| my noble friend Lord Soames in urging the House not to accept this amendment. A very good case has been put for Gibraltar, and the whole House will accept the Britishness of Gibraltarians and their loyalty to the United Kingdom. But I am one of those who is concerned about another overseas dependent territory—namely, Hong Kong. I am worried about the effect there if some special exception were made for Gibraltar. For both Gibraltar and Hong Kong, the people concerned do not expect a right of abode in the United Kingdom automatically in the future. Neither can they expect to become independent. I will not pursue in detail the reasons where Hong, Kong is concerned; it is a matter of the relations between this country and the Peking Government which are of immense importance in the balance of influence in the world-influence so far as the Soviet bloc and the Western Alliance are concerned. If Hong Kong could become independent, there is no doubt that it would have no difficulty in governing itself efficiently and well and in continuing as a leading industrial state in the world. But independence is not possible for Hong Kong and it is not possible for Gibraltar; in the case of Hong Kong for reasons of history and in the best interests of the United Kingdom and the Western Alliance. Only about half of the population of Hong Kong are now citizens of the United Kingdom and Colonies and would therefore under the Bill become citizens of the British Dependent Territories. any
In general, they do not seek a right of abode in this this country, nor, I understand, do Gibraltarians seek an ans immediate and automatic right of abode in this country. the If the exception were made for Gibraltar, I believe
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that citizenship of the British Dependent Territories would be regarded as second class. There is no need for that; it is different and it does not provide immediate and automatic right of abode, but there is no reason why it should be regarded as second class. If this exception were to be made, I believe it would undermine the status of citizenship as outlined now in Part II of the Bill. I would deplore such a development and I therefore support the Government in opposing this amendment.
4.03 p.m.
Lord Stewart of Fulham: There was one passage in the speech of the noble Lord, Lord Home, which I did not quite follow. He said he thought Gibraltarians would rather have the guarantee they have now, and the special status granted to them now, than the cover provided through their membership of the European Community. But they are not being offered one instead of the other. It is not a question of them being offered a choice. No one doubts at all that they have the guarantees already given: that is not in dispute at all. The question is whether we ought to give this further consideration. There is no question of the present guarantee being in any way put in jeopardy or exchanged for what is now offered in the Bill. Therefore I did not feel there was weight in that argument.
There is only one special consideration that I want to advance. For many years the Gibraltarians have been under attack and criticism in that organ of the United Nations that deals with the problem of anti-colonialism. The Gibraltarians have been endeavouring to explain to the members of that committee that they positively want to be a British possession. This assertion has often been received with incredulity and sometimes with rudeness. They have resolutely persisted in that view, and with good reason both from their point of view and ours.
It is not going to be a very pleasant situation for them in that committee if their critics are going to say, "Well, you have told us how attached you are to the British and they to you. Where have they put you? In the second class carriage." It is all very well the noble Lord, Lord Soames, shaking his head: I am telling him what will happen in this particular theatre to which no consideration has as yet been given, and I do not think they should be subjected to that degree of obloquy.
As to their being a special case, it is already ad- mitted that they are a special case. The Government say over and over again, "We cannot draw distinc- tions between one territory and another", and then in almost the same breath they say, This amendment is not necessary because we already do treat them ina different way from other Dependent Territories ".
They are asking in effect for the stamping and sealing of something a good deal of which they possess already, and rightly possess. In view of the special considera- tion we have already given to them, and rightly given to them, it is a triviality to refuse this particular con- cession. The Government have become enslaved to its own formulae by treating all Dependent Territories alike, and they have omitted the obvious fact that they have already accepted that Gibraltar cannot be treated in exactly the same way as all the others.
ངར་ག:、