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COVERING SECRET AND CABINET MINISTER ONLY

E

Background

1. The additional clause results from a decision by OD

last year to introduce legislation to prevent the Gurkhas from acquiring British citizenship or rights of settlement

through service in the UK. There has been some debate among

Ministers over how and when to do this. The Defence

Secretary has argued that the proposed inclusion of the provision in the 1991 Armed Forces Bill would be awkward, partly because of the general sensitivity of the subject and especially as the future of the Brigade of Gurkhas is being

reconsidered in the context of Options for Change; a

decision on this is not expected until early 1991. He feels that any legislation on this aspect should be deferred, a view echoed by Mr Hamilton's memorandum.

2. The Prime Minister initially favoured tackling the point in the 1991 Bill anyway but has just agreed that the Bill should be allowed to proceed without the nationality provisions, so that it could be tabled rapidly, provided the Home Secretary is also content (letter from PS No 10 to the

Lord President's Office of 2 November).

3.

The Home Secretary had previously argued in favour of omitting this provision, as had Sir Geoffrey Howe, so it seems likely that the clause will indeed be dropped.

4.

The Foreign Secretary did not intervene in these

exchanges on procedure.

JN1ABT

Non-Proliferation and Defence Dept

5 November 1990

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COVERING SECRET AND CABINET MINISTER ONLY

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