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2 4 JUL 1981
DESK OFFICER
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POO JOL
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CONFIDENTIAL
20547 1
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GRS 511
IMMEDIATE
FM FCO 231350Z JUL 31
TO IMMEDIATE MONTSERRAT
TELEGRAM NUMBER 72 OF 23 JUL 81
NATIONALITY BILL
1. ON 22 JULY, THE HOUSE OF LORDS IN COMMITTEE PASSED AN AMEND-
MENT IN THE FOLLOWING TERMS:
2.
'A PERSON WHO IS A UNITED KINGDOM NATIONAL FOR EUROPEAN
COMMUNITY PURPOSES BY VIRTUE OF THE OPERATION OF ARTICLE
227(4) OF THE TREATY OF ROME OR WHO HAS A RIGHT OF ABODE IN
A BRITISH DEPENDENT TERRITORY TO WHICH THE PROVISIONS OF
ARTICLE 227(4) OF THE TREATY OF ROME APPLY SHALL BE ENTITLED,
NOTWITHSTANDING THE PROVISIONS OF PART II OF THIS ACT, ON
APPLICATION, TO BE REGISTERED AS A BRITISH CITIZEN.'
ARTICLE 227(4) OF THE TREATY OF ROME PROVIDES THAT A
DEPENDENT TERRITORY IN EUROPE FOR WHOSE EXTERNAL RELATIONS A
MEMBER STATE IS RESPONSIBLE SHALL BE A PART OF THE EUROPEAN
COMMUNITY.
3. IN PRACTICE GIBRALTAR IS THE ONLY UNITED KINGDOM DEPENDENCY
TO WHOM ARTICLE 227(4) APPLIES. (STRICTLY SPEAKING, THE
SOVEREIGN BASE AREAS IN CYPRUS, THE CHANNEL ISLANDS AND THE ISLE
OF MAN COULD ALSO HAVE BEEN COVERED BY ARTICLE 227(4) BUT THE
CHANNEL ISLANDS AND THE ISLE OF MAN DID NOT WISH TO BE SO COVERED
AND IT WAS DECIDED TO LEAVE THE SOVEREIGN BASE AREAS TO BE DEALT
WITH IN THE CONTEXT OF ANY ARRANGEMENTS BETWEEN THE COMMUNITY AND
THE WHOLE OF CYPRUS.)
4.
ARTICLE 227(4) WAS PART OF THE ORIGINAL TREATY OF ROME. THERE
WAS NO QUESTION OF SPECIAL NEGOTIATIONS TO INCLUDE GIBRALTAR IN
THE EUROPEAN COMMUNITY, BUT ARTICLE 227(4) MEANT THAT THERE COULD
BE EQUALLY NO QUESTION OF EXCLUSION OF GIBRALTAR FROM THE
EUROPEAN COMMUNITY IF THEY WISHED TO JOIN, AS THEY DID. IT
FOLLOWS THAT THE PEOPLE OF GIBRALTAR WILL BE THE ONLY ONES WHO
WILL BENEFIT FROM THIS CLAUSE.
5. THE GOVERNMENT OPPOSED THE NEW CLAUSE IN THE HOUSE OF LORDS,
AS THEY HAD A SIMILAR AMENDMENT IN THE HOUSE OF COMMONS, ON THE
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CONFIDENTIAL
/GROUNDS