RESTRICTED
(ii)
(iii)
Option (C)
(i)
automatic transmission of citizenship to the first generation born overseas. However the Act provides, s.23(1)(b), that some persons born before 1.1.83 become BDTCS on that date by descent from a grandparent born in a Dependent Territory, and it would seem inconsistent with this to exclude them from the new Declaration. As to the general thrust of the Act, it is true to say that it makes no provision for persons born after 1/1/83 to become BDTCS automatically by descent from a grandparent born in a Dependent Territory. Any reference to descent from a grandparent in the Declaration would therefore have no effect on such persons. (It should be noted that the Act does provide, s.17(2), for persons born after 1.1.83 with a grandparental connection with a Dependent Territory to be registered if they meet certain residential requirements but the registration would always be effected by the Governor of the Dependent Territory with which such persons have the grandparental connection. Such persons are of course already covered in the present Declaration). The Home Office objection in principle to the inclusion of those with only a grandparental connection would thus seem to be met.
We
The other possible candidate for continued exclusion is cateogry 8: BDTCS by adoption in Gibraltar. This group was ommitted from the present draft on the ground that adoption might be abused to secure BC through adoptions of convenience. We have considered this further in the light of the Gibraltar Adoption Ordinance. This Ordinance seems to provide all the normal safeguards and we should obviously not cast aspersions on the probity of the Gibraltar courts. have a measure of control over Gibraltar legislation and could even if necessary obtain a written undertaking that there would be no abuse. Moreover the Home Office saw no objection to including this category in the Declaration. In this context the 1967 European Convention requires states to facilitate the acquistion by an adopted child of the nationality of his adoptive parent(s).
As indicated under Option (A)(ii) above, sustainable grounds for exclusion cannot be adduced for the other categories separately.
To adopt this option either in the basic form in which it is described in paragraph 2 of the Gibraltar telegram or in more detail would obviate any criticism at the Parliamentary stage that it did not accord with the spirit of section 5. Any difficulties will arise in EC. As I understand it the main pre-occupation there - as well as the technical aspects at paragraph 7 above - may be that the Declaration should not extend to categories of people not previously covered. Not even Option (A) would fully meet this requirement since BNA 1981 introduced the transmission of BDTC by women on equal terms with men. Under Option (B) either one or two more categories would be added. Since therefore a measure of widening is unavoidable there would remain
/little
A
E
RESTRICTED