$99
Standing Committee F
30
35
HOUSE OF COMMONS
British Nationality Bill
(4) If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant's case, cause him to be registered as such a citizen.
(5) Subsection (4) applies to
(1) Crown service under the government of a dependent territory; and
(b) paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown.”.
Brought up, and read the First time.
5.45 pm
Mr. Raison: I beg to move, That the clause be read a Second time.
The Committee may recall that cause 7, which we have so far not discussed, relates to citizens of the United Kingdom and Colonies, British subjects, and British protected persons who are settled in the United Kingdom at commencement. The Clause sets out the conditions on which such people shall be entitled to be registered as British citizens after commencement, Under the present law, a citizen of the United Kingdom. and Colonies subject to immigration control becomes putrial under section 2(1)(c) of the Immigration Act 1971, if he was at any time settled in the United King- dom and islands with at least five years ordinary residence here while such a citizen.
Clause 7 provides for the people to whom it relates to be registered if application is made within six, or in some circumstances eight, years of commencement. The Secretary of State would have to be satisfied that the applicant had been settled in the United Kingdom from cominencement to the date of the application and had at the date of the application been ordinarily resident here for five years or more. In other words, the clause preserves for six to eight years after commencement the current right of citizens of the United Kingdom and Colonies subject to immigration control to acquire the right of abode, albeit by registration rather than with the passage of time, after five years ordinary residence here. It also for the first time extends such a right to certain British subjects and to British protected persons. Since the introduction of the Bill, representations have been made to the Government by the dependencies about the effect of the Bill on them. There has been a strong feeling that the special position of the depen- dencies should be recognised. The Government have responded to these representations by tabling new clause 9. I have written to all members of the Committee about the new clause, enclosing a note on its detailed provi- sions. Its purpose is to enable citizens of the British dependent territories, British overseas citizens, British subjects under the Bill and British protected persons to be registered as of right as British citizens after com- pleting five years' residence in the United Kingdom. This is not a transitional provision like clause 7. Indeed, the right to register in that way will continue indefinitely after commencement. The Government feels it right that the special position of the holders of the other citizenships and statuses which include the word "British" should be recognised in this way. There is some difference from the citizenship of what one might call the fully-fledged independent Commonwealth countries.
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31 March 1981. Please registe bon foric O
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--[Mr. Raison.]
New clause 9 would also enable the Secretary of State, if he thinks fit in the special circumstances of a particular case, to register as a British citizen any citizen of the British dependent territories, British overseas citizen, British subject or British protected person who has at any time served in Crown or closely related service under the government of a dependent territory. The intention here is to recognise the position of those who serve the Crown in the dependencies in a particularly deserving way.
The discretion would be used in two ways. The first would enable citizens of the British dependent territories and the holders of the other statuses concerned, who had come to live in this country, to be registered as British citizens before five years had elapsed. Secondly, there may be cases where such particularly deserving service has been rendered to the Crown under the government of a dependency that it would be appropriate to grant British citizenship without insisting on previous resi- dence here. Personal connections with the United King- dom would obviously be relevant. In either case it is envisaged that the discretion would be exercised only sparingly.
5.49 pm
Sitting suspended for a Division in the House.
6.02 pm
On resuming
The Chairman: Before the Minister resumes his remarks on new clause 9, I have a suggestion which I hope will be helpful and sensible. We are now proceed- ing on a Second Reading debate on new clause 9. With it, as hon Members will see, are a number of amend- ments. Hon Members know that a Second Reading debate is wide-ranging. I propose that I call the amend- ments at the same time as the Second Reading debate so that hon Members have an opportunity of moving them and speaking to them. They are pertinent to new clause 9. Of course, hon Members will indicate whether they want to vote on them. I would like a consensus. This seems a sensible way of approaching new clause 9.
shay
OLA
new for
Mr. Tilley: My initial reaction is not to agree because we are in a very difficult position on this clause. The Government have brought it forward early--and we are glad that they have done so, rather than making it very late. However, our major problem is lack of informa- tion about what the effects would be, the number of people involved, Government reasoning, and so on. For that reason, although we have tabled several amendments, they are amendments that would be moved better if we had a longer statement of Govern- ment intention, in other words, the Second Reading
No comments yet.
Private notes are available after approval.