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Mr Howells
Lord Gordon Lennox PS/Mr Rifkind
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cc to:-
Mr Heald, ECD(I) Mr Culver, SED Mr McQuade, HKGD
Mr Hickson, FID
Mr J O Hill, Legal Advisers Mr Burrows, Legal Advisers Mrs Denza, UKREP, Brussels Mr J Addison, B4 Div, HO
Mr J Pakenham-Walsh, Legal Advisers, HO Mr Cambridge, MVD
Mr Holmes, CPO
A
DEFINITION OF A UK NATIONAL FOR EC PURPOSES
PROBLEM
1.
When we joined the Community in 1973 it was found necessary to have annexed to the Treaty of Accession a formal Declaration by Britain defining a UK national for Community purposes. This Declaration has been rendered out of date by the British Nationality Act 1981, and a new one is required.
RECOMMENDATION
2. I recommend that the attached revised Declaration be approved. After Ministerial approval it is intended to submit the Declaration to the Parliamentary Scrutiny Committees before it is formally deposited with the Community in Brussels. Since the Declaration will have to be presented to an EC working group during the week beginning 15 November at the latest to allow for Coreper clearance and submission to the Council of Ministers on 13/14 December we shall have to request the Scrutiny Committees to deal with it urgently. This regrettably compressed timetable results from the need to revise an earlier draft to take account of views just received from the Gibraltar Government apropos amendments to be made to their Immigration and Gibraltarian Status Ordinances.
BACKGROUND AND ARGUMENT
3. In February 1981 Mr Luce agreed with a submission by Mr Jones that the new definition necessitated by BNA 1981 should -
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