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[Mr. Whitelaw]
British Nationality Bill
28 JANUARY 1981
weaken those links to which we attach great importance. I do, however understand the feelings of some of the dependencies which feel that their particular situation is special. We have taken with great seriousness the approaches which have been made to us by Gibraltar. It is obviously important that the Gibraltar House of Assembly has unanimously passed a motion asking us to reconsider the position so as to categorise them as British citizens. The position of the Falkland Islands also commands a great deal of sympathy.
Nevertheless, it remains right that the citizenship of our dependent territories should apply in a uniform way throughout those territories. Unimaginable confusion would result if this were not so. What I want to stress, however, is that the Bill in no way alters the position as regards the United Kingdom's moral and constitutional responsibilities for the territories in question. Nor does it in any way affect the special position of Gibraltar as part of the European Community.
On the Falkland Islands, I want to say this. In December 1979, following the publication of the White Paper on the revision of the immigration rules, my hon. Friend the Minister of State, Foreign and Commonwealth Office sent a message to the people of the Falkland Islands assuring them that in the event of an emergency the problems of any islander who did not possess the right of abode in the United Kingdom and who was in trouble at that time would be most carefully and sympathetically considered. In the light of the concern recently expressed on behalf of the islanders, I wish to reaffirm that pledge and assure the islanders that in such circumstances they can depend upon the most sympathetic consideration of their position.
Apart from those who want their special relationship with the United Kingdom emphasised in the Bill the provisions of the Bill for dependent territories are, I understand, broadly acceptable to those territories. The differing circumstances of the individual territories make it impractical to provide through the Bill for citizenship of the British dependent territories to carry with it the right of abode in those territories generally. The immigration ordinances of the individual territories are a matter for the individual territories.
Therefore, what will, I understand, happen is that the territories will review their immigration ordinances in the light of the Bill with a view, broadly speaking, to enabling those citizens of the British dependent territories who derive their citizenship from a connection with a particular territory to reside there. Although there may be difficulties in a small number of cases it is, I think, generally accepted by the dependencies that this should be done as far as is possible.
Mr. John Wilkinson (Ruislip--Northwood): Will my right hon. Friend give way on an important matter?
Mr. Whitelaw: I am sure that it is important, but it can be dealt with at the end of the debate.
Part II of the Bill deals with British., overseas citizenship. This is a residual category. Many of its holders indeed already possess another citizenship. The Bill does not alter their position in any material respect. They are at present subject to United Kingdom inmigration controls and that will remain the position. Given the numbers involved, it could hardly be otherwise. I want to stress,
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however, the continuance of the special arrangements for certain United Kingdom passport holders who are mainly in or originate from East Africa. The Government intend to continue the special voucher scheme for them.
Clause 27 would ensure the continuation of the current provisions regarding British subjects without citizenship by virtue of sections 13 and 16 of the 1948 Act. Those are the people who in 1948 were regarded as potentially citizens of other Commonwealth countries. Those countries, however, did not in the event cover them in their citizenship laws. The category is diminishing since it relates to people born before 1949. The clause also covers former foreign women registered as British subjects under the British Nationality Act 1965.
Clause 28 covers another category of persons born before 1949. These are Irish citizens who were at that time also British subjects. They have been eligible to claim to remain British subjects by means of a written notice to the Home Secretary. As the White Paper indicated, the Bill would perpetuate this arrangement. The Government consider that it is justified by the long historical connection between the United Kingdom and what is now the Republic of Ireland. There are often, as the White Paper pointed out, close relationships between families resident in both countries.
Clause 33 introduces a separate schedule-schedule 2—which contains provisions designed to ensure our continued compliance with the United Nations convention on the reduction of statelessness.
Clause 34 provides who shall have the status of Commonwealth citizen. Apart from the citizens of other Commonwealth countries, listed in schedule 3, British citizens, citizens of the British dependent territories, British overseas citizens and British subjects are to have that status. But the converse-that Commonwelath citizens should all be British subjects-would no longer apply.
Clause 35 continues the existing provisions for British protected persons.
Clause 36 and schedule 4 set out the related amendments to the Immigration Act that are required. I have already touched on the need for these. Now that British citizenship, unlike the existing citizenship of the United Kingdom and Colonies, is to carry with it the right of abode, the current provisions on right of abode need to be replaced. The most important feature is the replacement of section 2 of the 1971 Act by the new statement of the right of abode contained in Clause 36(2).
Sir Derek Walker-Smith (Hertfordshire, East): I am sorry to interrupt my right hon. Friend. I am grateful for his characteristic courtesy. A point of major importance arises in relation to clauses 46 and 47. Could my right hon. Friend add to his very clear exposition of the Bill by giving the House the benefit of some guidance as to the effect of the new code of citizenship on the right of freedom of movement of workers and the right of establishment within the European Economic Community?
Mr right hon. Friend will know that these matters are referred to in the Treaty of Rome, where the test is nationality, which is not defined in the Treaty. I imagine that there will be a significant change in the arrangements under the new law. But it is not referred to in the Bill. It is referred to in the White Paper, but only in the glossary,
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