I
775
[Sir Paul Bryan]
on
British Nationality Bill
27 OCTOBER 1981
I fully realise that this disillusionment is probably based a misunderstanding of the very real sense of commitment to Hong Kong that the Government feel and have frequently expressed. Nevertheless, the acceptance of the Gibraltar amendment has created a new situation in which some further reassurance to other dependent territories is necesary. Their concern is with the extent of the Government's responsibility to them.
The extent of that responsibility was defined by my right hon. Friend the Minister of State, Home Office, in this way:
"I confirm that citizens of the British dependent territories will remain United Kingdom nationals in the sense that the United Kingdom can afford consular protection and represent their interests internationally--both of which, of course, we intend to continue to do."-[Official Report, 4 June 1981; Vol. 5, c. 1188-9.]
In the new situation it would be a great help if the Home Secretary would be explicit on a point which has hitherto been assumed but not stated. I ask him to confirm again that British dependent territory citizens hold and enjoy this status, together with the defined international responsibil- ity of Her Majesty's Government for them, for life, regardless of whether their territory remains on the schedule or not, and that the rights of this citizenship, as defined by the Minister of State, will be transmittable to their children, as provided for in clauses 16 and 17 of the Bill.
The situation for which I am attempting to provide is extremely hypothetical. Relations between the United Kingdom and China remain excellent in themselves, and over Hong Kong. But the Bill, which was drafted so much with a view to the United Kingdom's own immigration problems problems which are fully understood in Hong Kong-has, unfortunately, raised doubts, questions and uncertainties about the future of the colony and what Her Majesty's Government's attitude might be in certain circumstances.
I believe those circumstances to be a far-off matter. Nevertheless, the confirmation for which I have asked would be timely. It does not apply only to Hong Kong, it is very limited in extent, and it is without implications for United Kingdom immigration control. It would have a most reassuring effect after all the doubts that the Bill has raised.
Mr. Albert McQuarrie (Aberdeenshire, East): I am sure that if Gibraltar were a territory many thousands of miles away from Britain, there would not be one radio that was not tuned in to this debate. Had they been tuned in, it might have been the Gibraltarians' great misfortune to listen to the opening comments from the hon. Member for Liverpool, Edge Hill (Mr. Alton), who made some disgraceful remarks about a Bill which has had a satisfactory hearing in this House and inanother place.
I should like, however, to make some comments on the new-clause. Many of us in all parts of the House attempted to make the amendment before the Bill went to another place. In that respect we were unsuccessful. When the Bill reached the other place, an amendment was tabled by Lord Bethell. The Government, in their wisdom, thought it necessary to bring in the heavyweights. Indeed, they brought in Lord Soames, who was then the Lord President of the Council, and no less a person that the Lord Chancellor, who replied to the debate. But the
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Government failed. Indeed, they failed to such an extent that the amendment is now brought back into this House as a new clause. I therefore pay great tribute to the Home Secretary and to the Minister of State for the way in which they have handled the matter. I agree that when the matter was debated in another place certain drafting amendments were necessary. They were accepted by my noble Friend, Lord Bethell,
My right hon. Friend's new clause seeks to make it perfectly clear that the people of Gibraltar will be given the right on application for registration as British citizens. That is what my right hon. Friend has chosen to do. In my view, it has been a wise decision and, despite what the hon. Member for Liverpool, Edge Hill (Mr. Alton) said, and despite what my hon. Friend the Member for Howden (Sir P. Bryan), whose views I greatly respect, said about the people of Hong Kong, the most important aspect of the new clause is that the people of Gibraltar are United Kingdom citizens for Community purposes, and no other territories have that right as of now.
It was therefore right that my right hon. Friend should take cognisance of the decision that was taken in another place, because the people of Gibraltar have suffered badly for 18 years, although they have remained traditionally British and supported Britain in every respect. They did not expaect the British Government to let them down in their appeal. All hon. Members-even my right hon. Friend the Prime Minister-were aware of the many thousands of petitions that were sent at great cost by the people of Gibraltar, pleading for this new clause or a clause of some kind to be inserted in the Bill to permit the registration which my right hon. Friend has now conceded.
It has been a great moment for the people of Gibraltar, and I assure my right hon. Friend that there will be great joy in Gibraltar this evening. It will be second only to that given to Their Royal Highnesses on the occasion of their recent visit to that territory. I thank my right hon. Friend on behalf of the people of Gibraltar. If he ever finds the time to visit Gibraltar, he will be more than welcome because its people have got what they wanted, to be British. In that respect, nothing better could have come out of the House this evening than this message to Gibraltar, despite the opposition of Liberal Members.
Mr. Christopher Price (Lewisham, West): It would be wrong if all the congratulations to Gibraltar emanated from one side of the Chamber. To achieve a certain bipartisan approach to the matter, I add my congratulations to the Government on seeing sense at the end of a very long day. I congratulate them on the way in which they drafted this amendment to a Lords amendment.
However, Mr. Speaker, the point that I want to raise is close to your heart. I want to draw attention to what could become a grave anomaly with the amendment drafted as it is. I am happy that Gibraltar has been embraced within the bosom of the United Kingdom for the purposes of the Bill. That is absolutely proper. However, schedule 6 contains a list of territories which have not been embraced within the bosom of the United Kingdom. The list on page 61, headed by the word “Colonies”, contains a territory which is not a colony at all. That is a grave defect in the Bill. It says:
"The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)".
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