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British Nationality
[LORD BELSTEAD.]
[LORDS ]
the scheme for the British dependent territories citizen- ship-I hope my noble friend Lord Geddes notices the form of words I have just used—and that will be to the benefit of that scheme, too. I reiterate the Government's total commitment to the maintenance of our existing very strong links with the British dependencies. Nothing in the Bill in any way weakens our constitutional relationship with them or our right or commitment to represent their interests internation- ally.
But, despite those and many other improvements, there appears on the Order Paper in the name of the noble and learned Lord, Lord Elwyn-Jones, an amend- ment which refers in terms of the Bill to injustice, statelessness, uncertainties, insecurity and racial ten- sion. I am surprised because, as I have good reason to express in gratitude, the noble and learned Lord has thrown all the weight of his knowledge and ex- perience into improving this endeavour to modernise our nationality law, an endeavour which, after all, the Labour Party has previously recognised as being necessary and overdue. Of course, the noble and learned Lord has expressed criticisms of the Bill, but he was good enough to say at the start of the Report stage that the procedures of the Bill through your Lordships' House had established the value of the House as a revising Chamber.
I will not anticipate any speech in support of the amendment, but for the first time this is a Bill which will give us British citizenship, carrying with it, without question, the right of abode in this country. That, of itself, surely must be good for race relations, and it marks a long-overdue reform of our nationality law. My Lords, I beg to move that this Bill do now pass.
Moved, That the Bill do now pass.-(Lord Belstead.)
3.48 p.m.
Lord Elwyn-Jones rose to move, as an amendment to the Motion, That the Bill do now pass, at end to insert (“but this House deplores that, if enacted, the Bill will result in injustice, greatly increase the number of stateless men, women and children, create new uncertainties and feelings of insecurity and exacerbate racial tension").
The noble and learned Lord said: My Lords, we did not call for a Division on the Third Reading, the Bill having previously been passed by the elected Chamber. But, as has been done before, we have thought it right for the House to have an opportunity, if it thinks fit, to express its disapproval of the Bill at its valedictory stage on the Motion, That the Bill do now pass. My noble friends and I believe-and I hope we shall be supported from all parts of the House- that, much as it has been improved during its progress through Parliament, the Bill as it stands is still so objectionable as to merit special condemnation.
Of course we welcome the amendments to which the noble Lord, Lord Belstead, referred-and earlier I paid tribute to the part that he played in the success of those endeavours. But in my submission the substance of the objections to the Bill that were announced on its publication remains. Indeed, seldom has a piece of legislation been so generally, so widely, and, if I may
Bill
say so, so responsibly condemned. It was con- demned by the Roman Catholic Archbishops of England and Wales:
out of concern for everyone involved, but particularly for the minority community in our midst, and for those who are vulner- able and insecure ".
They added:
"Far from responding to this concern, the Bill creates new uncertainties, and if it becomes law, will sharply increase feelings of vulnerability and insecurity".
We have sought to diminish the extent of that potential damage; we have not sufficiently succeeded. That was said when the Bill first appeared. I submit that it can be said about the Bill now.
The General Synod of the Church of England also expressed its concern about the Bill; and it is a great pleasure to see included on the list of distinguished speakers who are to take part in the debate the name of the Head of the Church. The list also includes the name of the noble Lord, Lord Kadoorie, and we very greatly look forward to hearing him.
A great variety of organisations have also expressed alarm about the provisions of the Bill: the TUC; numerous ethnic minority organisations; the Action. Group on Immigration and Nationality (for whose assistance we are particularly grateful); the Com- mission for Racial Equality (the body set up by the Government to promote racial harmony and equality) -a fierce critic of the Bill; Justice (the all-party British branch of the International Commission of Jurists); and many more bodies. So far as I am aware, there has been no welcome to the Bill from other Commonwealth countries, no welcome from the dependencies, no welcome from the European Com- munities' institutions. On the contrary, what comment has come from those sources has been critical. press, too, has voiced a great many doubts. The Economist commented on the scheme in the White Paper of July 1980, which is now embodied in the Bill, that it demonstrated
The
"the increasingly racial loading of the concept of British citizenship ".
That racial loading still exists in the Bill.
We have of course welcomed the non-discrimination provision-Clause 44(1)—of the Bill. We have also welcomed the leaving out of the phrase:
"if the Secretary of State is satisfied that ..."
which we came to know as the "Gifford amendment providing an opening of the doors to the courts in relation to issues arising from entitlement to registra- tion.
But the Government rejected the modest proposal introduced by the noble Viscount, Lord Colville of Culross, in regard to the unfettered discretion given to to the Secretary of State to reject applications for naturalisation. The noble Viscount's proposals were modest. All they did was to allow a circumscribed right of appeal against the Minister's decision, still giving the last word to the Secretary of State. Un- fortunately by a small majority, the Government's objection was maintained.
In truth, the Bill remains seriously unbalanced. The Government have not yielded an inch on the principle of jus soli—the acquisition of British citizenship by the simple fact of being born in this country. In my sub- mission and we view this point very firmly on this side