&
MINISTER
OF
STATE
HOME OFFICE
QUEEN ANNE'S GATE
LONDON SWIH 9AT
23 JUL LIZ
Thank you for your letter of 1st July to the Home Secretary about the nationality and immigration status of the Falkland Islanders. Cranley Onslow had already mentioned to me your intention to raise this matter.
I do understand the strong feelings of the Falkland Islanders on this issue. I do not believe that we have ever ignored those feelings. Indeed, throughout the
of the new nationality legislation, Government spokesmen constantly emphasised that the Bill did nothing to change the constitutional relationship of the United Kingdom to the Islands, and the firm assurances which the Islanders already had from us were also constantly repeated. It is also the case that, insofar as most Falklanders have the right of abode but some do not, the 1981 Act does nothing to alter the position.
During the passage of the Bill an undertaking was given by the Government to accord very sympathetic consideration to any Falkland Islander who, during an emergency, might be in difficulties over entry to this country. This of course repeated earlier undertakings. The Government have kept to these undertakings by announcing that in present circumstances no Falkland Islander, whether or not he has the right of abode here, would have any difficulty over admission into this country. Any Islanders who are subject to immigration control are being admitted without any restrictions on their stay. It should not therefore be the case that they are having their passports stamped with a six months' time limit, as your letter suggests.
I recognise the strong feeling that we should now go further and Robert Kilroy-Silk's Bill is obviously relevant. It is not, however, satisfactorily drafted and anomalies would result if it reached the statute book in its present form. We therefore felt that it would be wrong to let it pass without debate. I can give no commitment on future Government legislation but, as the Home Secretary has already announced, we see no immediate need for legislation bearing in mind the undertaking on entry to this country which all Falkland Islanders now have whether they have the right of abode or not.
I am afraid that this will come as a disappointment to you and the Islanders but this is a time when we should be taking careful stock of the position and not rushing into legislation which could have implications for the new nationality legislation as a whole. And the position in practice has not worsened since the passing of the Act as far as the Islanders' right to come here is concerned - quite the reverse in fact.
Michael Shersby, Esq., M.P.
(TIMOTHY RAISON)
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