CODE

Howells

Hier 340!!

KLINE IN ZERSTAY #80. 51

Nationality and Treaty Department

NATIONALITY BILL

15 SEP 1981

DESK OFFICER

INDEX

PA

REGISTRY Action Taken

Paro-2317

Reference..

(358)

Mr. McQua

me

бурья

Mr. William 7159

1. Thank you for sending me a copy of your minute of

15/9

September.

- attached to

2. We think the draft as it stands under-estimates the difficulty 357) of resisting the Falklands amendment if the Gibraltar amendment

is not reversed. We would suggest the following amendments:

a)

Add a third Point to Make, to read: 'If the Gibraltar amendment is not reversed, it will be very difficult credibly to resist an amendment making the Falklanders British citizens'. (You might wish to add something like: 'yet if this were carried, it would increase the difficulties with Hong Kong').

b)

Delete paragraph 3 of the Essential Facts and replace by the following: 'It is likely that an amendment to make the Falkland Islanders British citizens on a par with the inhabitants of the Channel Islands or the Isle of Man, which was withdrawn in the Lords in July, will be reintroduced in October. Although the Falkland Islands are not like Gibraltar in that they do not fall within the area of the EC, their position is parallel in that they are claimed by a neigh- bouring state. Moreover the Falklanders are almost all of British descent, and all but about 400 already have the right of abode. Thus, if the Gibraltar amendment were not reversed, it would be very difficult credibly to resist the Falklands amendment. Yet to make a major concession to a second dependency could increase the difficulties with Hong Kong by arousing suspicions of racial discrimination'

3.

We are also somewhat unhappy about paragraph 6 of the Essential Facts. To explain to the Falklanders any favouring of the Gibraltarians over themselves will be very difficult in any case, but we should find it near impossible if the Government had not maintained a consistent line of opposition to the Gibraltar amendment. Therefore we should prefer the omission from 6b of the phrase: 'and should make it easier to hold up a Falkland Islands amendment'. But while we should prefer the course of action in 6c, we dislike the suggestion in 6c and 7 that debate of the Falklands amendment might be prevented. Any discrimination between Gibraltar and the Falklands would be easiest to defend if it were seen to have been decided on by Parliament in the division lobbies despite the opposition of the Government.

14 September 1981

cc:

Mr Clift, IIKGD Mr Culver, SED

CONFIDENTIAL

Rm.

RH Smith

South America Department

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