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British Nationality bill
JANUARY 1981
Kingdom. He asked for an assurance that there was no hidden motive behind the Bid. I am glad to give that assurance. I stress that the proposals are in no way directed particularly at Hong Kong. As my right hon. Friend reaffirmed, the proposed legislation is in no way intended. to weaken our links, to which we attach great importance.
My hon. Friend asked particularly that the terms of schedule 1, which deals with naturalisation, should be carefully examined in Committee. We can, of course, examine the matter in Committee. My hon. Friend also asked that the Government should endeavour to avoid any stricter entry requirements to foreign countries beine imposed on citizens of British Dependent Territories as a result of the proposals. We should certainly press any such countries to ensure that existing freedom o! travel is maintained.
The hon. Member for York asked about passports. It' is envisaged that, as at present, all passports will bear the inscription “British passport” on the front cover, no matter where they are issued. Passports issued 111 the dependencies will, again as at present, additionally beur the name of the issuing dependency on the front cover. The citizenship or status of the holder will appear on page Lof the passport.
Mr. Lyon: Does that mean that the citizen of a British Dependent Territory and a British overseas citizen wil! carry the same passport as a British citizen full and proper?
Mr. Ralson: All passports will be marked "British passport" on the front cover. Where they refer to a dependency, they will carry the name of the dependency. If there is any uncertainty remaining, I shall write to the hon. Gentleman.
I want now to deal with another important point that featured prominently in the debate. We have been accused of racism. I reiterate that that is a ridiculous claim. Clause 1 makes a substantial change to the automatic acquisition of British citizenship by birth in the United Kingdom. The new provision has been attacked on various grounds. We recognised in the White Paper that there were practica! difficulties to be overcome.
Nevertheless, there are strong arguments in favour of confining the acquisition of citizenship by birth to children who have parents who really belong to the United Kingdom, in the sense of either being British citizens or being settled here. The present arrangements mean that citizenship is acquired by many children whose parents are here only temporarily, as students or visitors, for example, or who are working here for short periods or are here illegally. Any child who obtains our citizenship in this way and then leaves with his parents will at present transinit that citizenship in due course to his own children born: abroad. With air travel and much greater mobility, the situation today is very differem from that which existee when concepts like jus soli grew un. The arguments de continuing to confer citizenship in the present discriminate manner are clearly weak.
Let me say, too, that abhough we have hitherto adopted the so-called jus soli or ad omale entilemen. citizenship by birth, continental countries have general adopted the jus sanguinis, which mems t.tentizenship i conferred on those born in the coum concerned ony if they have a parent who is a citizen. We are not, however, proposing to go as far as that. The child of someone lawfully settled here will be eligible for British citizenship by birth.
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There is no intention of requiring proof that a child is entitled to citizenship when registration of birth takes place. There is no question of someone walking in the footsteps of the registration officer in the hospital, asking people that sort of question. The remarks of the hon. Member for Lambeth, Central about perinatal mortality are therefore clearly even more absurd than they seemed at the time that he made them. We are a signatory to the United Nations Convention On the reduction of statelessness, and that will have an important bearing on any problems that might arise from des provision.
M». Tilley: 1 made it clear that the matter could be ham ad in
two wins. Dit is not to be done at birth by the registrar, how shu i we avoid the situation in which many children will grow up with themselves and their parents not knowing ther nationality, or whether they are stateless? When will it be done?
Mr. Raison: In many cases there is no special reason why a shoup! he examined, but it may happen when the child reaches the stage of requiring a passport, although even there we sha' busically be relying on the declarations of applicants for passpors and their parents, and on those who act es sponsors to passport holders. I repeat that we realise that there are difficulties. I believe that in Committee I shall be able to explain how we intend to resolve these difficulties, and I believe that our scheme will work.
In designing our citizenship we are clearly looking for some kind af commitment on the part of those who seek to nequire it. Carenshin is a mixture of rights and duties. The country that prants it needs to protect those to whorn it gives it, but at the same time the citizen has obligations to the country of his choice. Thus, we are looking for commitment in the proposal that those who have our citizenship but were not born here will not automatically be able to transm} citizenship to their children if they are born overseas, although Crown servants whose commit- ment is obvious wit. be able to do so.
Once a minor nom in such circumstances returns to the / United Kingdom with his parents for a period of three years he will be emned to acquire citizenship. I know that conce a afrout the nự viem of oeople working for firms a wond. Cause M3 krajembies a child born overseas to be registered within one year of birth if one of its Parents is a ira zen working full-time for a company OF pssociation
*1 the United Kingdom. besa dage further and extends the right #this why it one of the parents is molished outside the United
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borg overseas whose future is not Cos Uited Kingdom. However, in provisions for transmission of zetorn dog wench wall ensure that the children are Brits, caiZORIN. There is also the three years return provision, and in exceptional cases there is a discretion to register any minor under clause 301). That is likely to be used where the child's future clearly lies with the United Kingdom.
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