CONFIDENTIAL
с
Covering Brief on Draft Proposals for Changes to Gibralter Legislation in consequence of British Nationality Act, 1981.
1. These proposals have been prepared at officials' level, and will require to be submitted to Gibraltar Ministers for their consideration in due course.
2. Only one change is seen by officials here as being immediately necessary in consequence of the British Nationality Act, 1931, ie to ensure that, under Immigration Control Crdinance (attached), a person who is at commencement a British citizen by registration under section 5 of the Act or a British Dependent Territories citizen by virtue of a connection with Gibraltar will not be subject to any restriction on entering or residing in Gibraltar.
3. The Immigration Control (Amendment) Bill 1932 and the Interpretation and General Clauses (Amendment) (No.2) Bill, 1932, (first drafts of which are attached) are intended to provide accordingly.
4. There is however a second matter which it may be desirable to deal with on com encerent. The Immigration Control Ordinance regulates the right to enter and reside in Gibraltar. It is not a defined domestic subject. However there is also in force in Gibraltar the Gibraltarian Status Ordinance (copies attached). This is a defined domestic subject. This Ordinance dofines the class of persons who are to be low as Gibraltarians. It provides for their entry on the Register of Gibraltarians kept under the Ordinance. The class of persons who are eligible for, the status loes not include all persons who at present can be described as Citizens of the United Kingdom and Colonics by virtue of a connection with Gibralter.
5. The Gibraltarian Status Ordinance is referred to in Chapter 1 of the Constitution, for example section 17(3) and section 14(4)(b). The latter section provides that a law is not discriminatory norely by virtue of ing separate provision for persons who are not Gibralterians.
6. The Gibraltarian Status Crdinance could be regarded as the only domestic legislation in Gibraltar that defines to Gibraltarian identity. For b reason, it is sem here to an important statute.
7. It appears to officials here that the scheme of the new Act is to define dependent territories citizenship by more specific criteria, ie more closely relating to each territory (even though the citizenship continues to bo a general one). If this is correct, then from 1 Januari 1905 the lävision between Edtiel Depondent Territorios citizens by rensen of a connoo with Gibralwr und fibraltarians under the Gibraltarion Status Ordi may be nezstrongly emphasised. It appears to officials here that there is a case for guing that all persons who are British dependent Territories Citizens br rimbo of a conrection with Gibraltar should be entitled an of right to Gibraltarian status under the lattor Ordinance.
8. The Gibraltarian Status (Amendment) Bill, 1932, attached, is a
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