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(c)

It seems preferable that any controversy about the definition in respect of Gibraltarians should take place in Brussels rather than in Parliament.

(d) We have previously hesitated about including minor BDTCS by adoption in Gibraltar because of the risk of abuse by means of adoptions of convenience in order to secure BC. We have however reconsidered this in the light of the Gibraltar Adoption Ordinance which provides all the normal safeguards. We now think that the omission of adopted minors could not be defended without casting aspersions on the probity of the Gibraltar courts, and might also be held to conflict with the 1967 European Convention on the Adoption of Children which required States to facilitate the acquisition by an adopted child of the nationality of his adoptive parent(s).

more relaxed

(e) Our EC partners are now likely to take a view about additional categories which are minor in terms of numbers than they did in 1972 when they shared with us some concern about an influx of Commonwealth immigrants.

8. I therefore recommend approval of the attached revised Declaration for submission to the Scrutiny Committees and presentation in EC.

9. This submission has been cleared with ECD(I), SED, HKGD, FID, MVD, Chief Passport Officer and the Legal Advisers to NTD and ECD(I) and is put forward with the concurrence of Home Office officials and Legal Advisers.

4 November 1982

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FH Brown

Nationality and Treaty Department

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