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4. Paragraph (c) of the revised definition which impinges as regards acquisition of British citizenship on section 5 of the 1981 Act is of considerable importance to the Home Office. As drafted it covers many more categories of persons than does the current definition, although the number of people who would be included under the new definition but who would not have qualified under the current one is likely to be extremely small. We think it right that it should cover the British Dependent Territories citizen (Gibraltar) who possesses his status by reason of descent from a British Dependent Territories citizen (Gibraltar) mother who was herself born, registered or naturalise in the territory. But for the rest we are not so sure.

5. It is clear from the Official Report that some Lords at least, and some members of the Commons too, thought that the Gibraltar amendment would cover all those persons who became British Dependent Territories citizens (Gibraltar) either at commencement or subsequently, by birth etc. Indeed this was apparently the intention of Lord Bethell whose original amendment was aimed at giving an entitlement to British citizenship to a person who was a UK national for European Community purposes or who had the right of abode in a dependency to which the provision of Article 227(4) of the EEC Treaty apply. However the Gibraltar amendment in the form in which it left the Lords covered a 'person who is a United Kingdom national for European Community pruposes' only, and the Government wording of what is now section 5 of the Act covers a British Dependent Territories citizen who falls to be considered as a national of the UK for the purposes of the Community Treaties. This wording was moved in the Commons on 27 October and was considered by both Houses. At no time, so far as we can see from the Official Report, did Ministers suggest that a new definition would cover more categori of persons than are covered at present. Indeed in reply to questions asked by Lord Elystan-Morgan, Lord Belstead said

'However, I can say that we consider that this redefinition should cover categories who are at present covered, but in their new titles in other words British citizenship; indeed, citizens of the British Dependent Territories who have links with Gibraltar, which has nothing to do with what we call the Gibraltar clause, and British subjects under the new Act with the right of abode' (Official Report, 13 October, col 294).

Paragraph (c) does not cover the person who acquires British Dependent Territories citizenship by adoption in Gibraltar. The territory does have an adoption law and adoption will, after commencement, provide an avenue to citizenship of the dependencies. In considering whether the new definition ought to cover persons adopted in Gibraltar you will wish to take account of the implications of providing yet another route to British citizenship.

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