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British Nationality Bill
27 OCTOBER 1981
In the negotiations to go into Europe, one part of one dependent territory was treated for Commission purposes I hope that I shall be forgiven if I use Commission language which I learnt in one year at the European Assembly-as a PDOM rather than a PTOM; that is, a département outremer rather than a territoire outremer. It so happens that Gibraltar was the only dependent territory of Britain which was treated in this PDOM category whe we negotiated our agreement with Europe. That enabled the Government to draft the amendment as they did...
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However, other European territories could be analogous to Gibraltar in future in exactly that way. This is an important issue, because it will arise in future, and the interpretation of the amendment will become a matter of extreme importance.
The association agreement between Cyprus and the European Economic Community envisaged ultimately that Cyprus would become a full member of the EEC. Only four countries have association agreements with the EEC-Turkey, Cyprus, Greece and Malta. Greece has acceded to the EEC. Cyprus, Malta and Turkey have not yet acceded. Yet the treaty agreements between those countries and the EEC foresee a final accession to the EEC. No one knows whether that will happen, but, if it does, there will be an obligation on the Government to say how the sovereign bases in Cyprus will be affected by this resolution. The Government have tabled a new clause which does not mention Gibraltar. It just states:
"A British Dependent Territories' citizen shall be entitled to register as a British citizen if an application is made for his registration as such a citizen"
if he is a British dependent territories' citizen for the purpose of Community treaties. Community treaties are a flowing river. They change from time to time. I do not want to delay the congratulations of the massed "ranks of Tuscany" opposite who wish to get their words in about Gibraltar, but there are two questions that I hope the Government will answer in replying to the debate. Do they seriously regard the two sovereign base areas of 99 square miles on the island of Cyprus-I shall not go into detail, because, Mr. Speaker, you would rule me out of order immediately if I were to go into the history——————
Mr. Speaker: Order. The hon. Gentleman has been trying my patience for the past three minutes. I am an incurable optimist. I was hoping all the time that he was about to conclude.
Mr. Price: As always, Mr. Speaker, how right you are. I was about to conclude. I was concluding with two issues that I hope the Government will cover in their summing up. First, do they seriously regard the two sovereign base areas of Cyprus as colonies, as described in the schedule? That would seem to mark them out from this amendment. They are either Crown colonies or dependent territories. We want to know what status they will have if Cyprus accedes to the EEC. If the association agreement with Cyprus moves towards full membership of the EEC, what do the Government understand the position of the sovereign bases to be? Do they believe that they will come within the scope of this amendment? I might add that not many people live on the sovereign bases, because the boundaries were so drawn that very few could live there. Do the Government envisage that those few people who were born and live on those bases will be brought within
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or remain outwith the scope of the amendment? It may be stretching a debate on Gibraltar to ask such a question, but it is important to get these matters straight.
It was only to try to get an answer to those two questions--whether they are colonies and whether they will come within this provision-that I rose to my feet. To your great relief, Mr. Speaker I now conclude.
Mr. Shersby: As my right hon. Friend the Home Secretary explained, this amendment means that, because Gibraltar is mentioned in the pre-accession treaties under the European Communities Act 1972, Gibraltarians alone of the citizens of the British dependent territories will be able to become British citizens with the right of abode in the United Kingdom. I should like to make clear at the outset of my remarks that I have no overriding objections to my fellow citizens in Gibraltar being British citizens, I have an immense respect for them, for the fact that they are Europeans and for the fact that they already play an important part in our country's affairs.
However, I feel that it is wrong in principle for their; Lordships to have amended the Bill in respect of the citizens of Gibraltar but not to have amended it is respect of that uniquely British colony, which is also a dependency, the Falkland Islands. I want to speak on that particular point...
Mr. Speaker: Order. The hon. Gentleman knows that that amendment was not selected. The hon. Member for Lewisham, West (Mr. Price) was able, because Gibraltar had not been named, to ask whether other European territories were as he counted it, included. But the Falkland Islands go far beyond the Lords amendment. Therefore, we must keep to the amendment.
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Mr, Shersby: I am seeking to argue that the amendment made by their Lordships is unfairly. discriminatory against another dependent territory. I am not seeking to debate the question of the Falkland Islands.
Mr. Speaker: In that case, I apologise to the hon. Gentleman. However, had he so desired, he could have brought Hong Kong and everything else into his remarks,,
Mr. Shersby: I completely and unreservedly accept your ruling, Mr. Speaker, with regard to the amendment which I tabled. I am sure that you know that that is so. However, I should like to know whether it is in order for me to argue against the amendment made by their Lordships in another place on the ground that it is unfairly discriminatory, and, in so doing, to advance the reasons why I believe it to be unfairly discriminatory. I cannot do that unless I can illustrate my remarks by drawing attention to some of the points that affect the Falkland Islands, without debating the Falkland Islands as such.
Mr. Speaker: I am afraid that the hon. Member will find himself, unfortunately, very restricted in what he can say. He knows that I did not select his amendment. Therefore, I ask him, as an old parliamentarian, to proceed in the knowledge that he cannot debate the Falkland Islands on this amendment.
Mr. Shersby: I am most grateful to you, Mr. Speaker. I shall confine my remarks entirely to the Lords amendment with regard to Gibraltar, and I shall seek to argue that it is unfairly discriminatory against other dependent territories, including the Falkland Islands. I
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