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Reference

CAB 129/78

ALL ODD NUMBERS BETWEEN

75-95

FOLIOS 75

ARELANK AND HAVE

NOT BEEN COPIED

76

129/78

(THIS DOC Page 54.9₤324E PROFERTY OF HER BRITANNIC MA: Page 58ef32hIMENT)

SECRET

C.P.(55) 167

1st November, 1955

CABINET

COPY NO.

COLONIAL IMMIGRANTS

Memorandum by the Secretary of State

for the Colonies

In paragraph 2 of C. P. (55) 166 the Home Secretary poses the question whether any legislation which it may be decided to introduce to control the immigration of persons not belonging to the United Kingdom should apply to all British subjects from overseas or only to those from the Colonies, The arguments in favour of each course are set out as a basis for discussion, Before my colleagues come to a decision on this I should like to state my views. I gave an indication of them last December in

paragraph 3 of C. (54) 379,

2. Any legislation which we introduce on this subject is bound to be criticised as interference with the traditional right of British subjects to come freely to this country. Subject to conditions which I would expound orally we could, I think, answer this criticism; but if the legislation were applied only to Colonial immigrants we should be charged with racial discrimination and would have no effective reply. Legislation of this kind would be fiercely resented in the Colonies and not only in the West Indies, whence the main flow of immigrants is at present coming, but also in British dependencies throughout Africa, the Far East and the Mediterranean, Cyprus and Malta (Malta may have to be exempted from these arrangements if Her Majesty's Government accept the integration proposals now being considered) would resent a control which applied to them but not to Indians and Pakistanis, and exceptions could not be made in the case of Cyprus and Malta (except in the context of the integration proposals for Malta) without offence to non-European Colonies. It would moreover follow that citizens of territories (e. g. the Gold Coast) moving from dependence to independence would at that point cease to be controlled, a fact which would only add to the difficulties of our relations with near-independent, or would-be independent, territories. In particular, the effect of discriminatory legisla- tion on our relations with the West Indies would, I believe, be disastrous and the future association of the proposed West Indian Federation with the Commonwealth would be jeopardised. I must therefore record that I could not agree to legislation confined to Colonial immigrants.

30 In paragraphs 9 and 10 of the memorandum enclosed with his paper the Home Secretary discusses the question whether any powers of deportation over British subjects which he may be given should be subject to some form of judicial process, Reference is made to the policy in Colonial territories. The whole question of the policy to be followed regarding the deportation of British subjects from Colonial territories was considered by a departmental Committee in 1933 whose report was subsequently transmitted to Colonial Page 58 of 321

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