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British Nationality Bill
27 OCTOBER 1981
Mr. Whitelaw: I am sorry, I have done my best. I cannot do more.
Sir Bernard Braine rose-
Mr. Speaker: Order. Before the hon. Gentleman leads the Home Secretary into temptation, we cannot discuss the Falkland Islands.
Sir Bernard Braine: All that I want is for the Home Secretary to spell out in two sentences exactly what the
assurances are.
Mr. Whitelaw: I am saying that assurances that have been given before still stand. My hon. Friend the Member for Essex, South-East knows as well as I what those assurances are. If I say that they stand, they stand. That is reasonable.
My hon. Friend the Member for Howden (Sir P. Bryan) referred to the feeling of discrimination felt by Hong Kong citizens. Again I am in difficulty. I am sure that Mr. Speaker would prefer it if I wrote in detail to my hon. Friend setting out the exact position as we now see it,
I am grateful to my hon. Friend the Member for Aberdeenshire, East (Mr. McQuarrie) for what he said. Parliament has decided. I argued the other way before, but I am glad that the House thinks that Parliament has decided correctly.
I am grateful to the hon. Member for Lewisham, West (Mr. Price) for what he said about Gibraltar I understand that if Cyprus were ever to become a full member of the European Community we should then have to consider afresh the position of the sovereign base areas. For people in the sovereign base areas to benefit from the Gibraltar amendment they would first have to declare themselves as nationals for EEC purposes. To some extent, since this depends on whether Cyprus becomes a member of the Community, it is a hypothetical question. I bpe that I have done my best to answer the point.
Mr. Christopher Price: The right hon. Gentleman used carefully drafted words. It sounds as though the individuals who were born and now live in the two sovereign base areas could now register. Will the Home Secretary make it clear that he is talking wholly hypothetically in the event of Cyprus joining the Community?
Mr. Whitelaw: I was talking wholly hypothetically. I hope that I have made myself clear. When seen, I am sure that my words will bear that interpretation I certainly meant them to.
I am advised that the right hon. Member for Down, South (Mr. Powell), as one would expect in connection with our procedures, is entirely correct. Punctuation is usually regarded as having no legal effect on a Bill. For that reason the Public Bill Office of the House of Lords usually is amenable to altering punctuation. I shall, therefore, ask the House of Lords whether the matter can be put right.
I turn to remarks made by my hon. Friend the Member for Folkestone and Hythe (Sir A. Costain) and the hon. Member for Lambeth, Central (Mr. Tilley). Since I regard the Cyprus position as hypothetical I am entitled to regard the likelihood of Britain leaving the EEC as very hypothetical and so I do, despite what the hon. Member for Lambeth, Central said.
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I was asked whether citizens of Gibraltar would be able to register there. I understand that I have the power under the Bill's regulations to give them that right. I certainly agree that that is sensible.
Question put and agreed to.
New clause to the Bill in lieu thereof:
New Clause B
ACQUISITION BY REGISTRATION: NATIONALS FOR
PURPOSES OF THE COMMUNITY TREATIES
'B. A British Dependent Territories' citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.'.-[Mr. Whitelaw.]
Clause 12
RESUMPTION
Lords amendment No. 26 agreed to.
7.45 pm
Clause 13
MEANING OF BRITISH CITIZEN BY DESCENT”. Lord's amendment: No. 27, in page 14, line 9, at end insert-
"(bb) he is a British citizen by virtue of registration under
section 3(1) and either-
(i) his father or mother was a British citizen at the
time of birth; or
(i) his father or mother, was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, of would have done so but for his or her death; or"
: י.
Mr. Raison: I beg to move, That this House doth agree with the Lords in the said amendment. .
Mr. Speaker: With this we may discuss Lordő amendment No. 49.
Mr. Raison: Under the Government's further proposals on descent, there could be children in the second generation born overseas who are born to British citizens by descent, neither of whom have the statutory connections with this country to give their child an entitlement to registration as a British citizen. In some cases, however, there could be good reason why they? should be registered under the Secretary of State's discretion to register any minor child. And this could also happen with the third or even subsequent generations born overseas. Before registering children born overseas in the second and subsequent generations, regard would naturally be had to the strength of the child's likely connections with this country. It is important in this connection that in exercising this discretion the Secretary of State will take into account the special problems facing British business families on long-term service overseas.
It is important that this discretion should be fairly widely available. But, registration at discretion under the Bill as presently drafted would give citizenship otherwise than by descent. This is because the use of the discretion has been envisaged as applying in general only to children. whose future lies in this country. That has, however, now changed and this amendment ensures that where children