F
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Reference
10.
(ii)
little advantage in omitting the other presently excluded categories viz 1 to 6. Moreoever apart from sharing some concern about an influx of Commonwealth immigrants in 1972 our EC partners have taken a fairly relaxed view on this question. As necessary the following arguments could be used in defence of an overall Declaration:
(1) In comparison with the 20,000(?) already
covered by the1972 Declaration the additional numbers are comparatively small.
(2) The Declaration covers the minimum necessary
to embrace all who are BDTCs by connection with Gibraltar.
(3)
Exclusion would constitute unacceptable discrimination against eg adopted minors (category 3) and certain Spanish women married to Gibraltarians before 1.1.49 (category 1).
I doubt whether an entirely basic definition such as
'All British Dependent Territories Citizens who acquire their citizenship by virtue of a qualifying connection with Gibraltar'
would prove acceptable in EC, since it provides much less detail than in 1972 and our partners could reasonably request that it be elaborated. A more detailed definition is required and NTD have made a laymen's attempt at Appendix F to build a definition on the 1972 formula. It turns out to be necessarily more extensive than 1972 but still avoids references to sections of BNA 1981.
In view of the need to submit at the earliest date for Ministerial approval of the Declaration, I should be grateful if you and copy addressees would let me know by close of play on 19 October whether you see objections in principle to proceeding on the basis of a revised Declaration on the lines of Annex F. Provided he agrees, it would be helpful if Mr Hill would at the same time see whether Annex F can be improved from the legal point of view, having regard to the limitations outlined in this minute. He will no doubt wish to consult Mr Burrows and Mr Chamberlain who have previously advised on aspects of this matter.
14 October 1982
CODE 18-77
Alison
FH Brown
Nationality and Treaty Department CL 501 213 5159
/Copy Addressees
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