TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 111

893

British Nationality Bill

2 JUNE 1981

by enabling those who have the right of abode in a dependent territory to which article 227(4) of the Treaty of Rome applies, and those who are United Kingdom nationals for European Community purposes through their links with such a territory, to be entitled to acquire British citizenship on application. Those who would benefit from the amendment would not have to meet any residence requirements and would be free to acquire British citizenship and the right of abode, without ever setting foot here and without, indeed, having any personal ties with this country.

In seeking to make a more coherent and logical system of citizenship, as we explained in the White Paper that we published last year, we were influenced by the argument that the status of the remaining dependencies should be positively recognised in citizenship terms. That is why we have created a separate citizenship of the British dependent territories, which is to be held by those who have ties with the dependencies and will be an accurate reflection of their status. It is not a second-class citizenship. We regard it as a parallel status to British citizenship, held on like terms. Having created this citizenship, I believe that it would be wholly unacceptable to exempt one dependency from it. That is precisely the sort of anomaly that we sought to erase in the Bill in the first instance. The clause would make an exception for one dependency, which would lead to demands for others, which could scarcely be resisted.

Some of my hon. Friends, and my right hon. Friend the Member for Brighton, Pavilion (Mr. Amery), say that anyone who has his ear to the ground in Whitehall knows that this is all to do with Spain and nothing to do with Hong Kong. I find it surprising, though I suppose I must accept it if my right hon. Friend says so, that I do not have my ear to the ground in Whitehall. At least I have a voice that is heard in Whitehall. I make it heard, and I also hear what is said, because I listen sometimes. I tell my right hon. Friend quite categorically that the attitude that I am taking up tonight has nothing whatsoever to do with Spain or with the Spanish position on Gibraltar. My right hon. Friend smiles, but he should recognise that, as Home Secretary, I am interested in the Bill. Of course, I have a collective responsibility with the Foreign Secretary, but this is my Bill and I have taken responsibility for it.

Let me explain why I think that exempting one dependency would be difficult and would raise questions from others. It would be impossible to explain to the Falkland islanders why they were not being made British citizens when the Gibraltarians were acquiring that status. My hon. Friend the Member for Surbiton (Sir N. Fisher) said that he had great affection for the Falkland islanders and I have no doubt that it would be difficult to explain the difference in status to them.

It is no good anyone telling me that the people of Hong Kong would not demand similar treatment if we accepted the new clause and would not be deeply resentful if they did not get it. I know that they would, because they have told me so. In that case, I had my ear to the ground and I heard them say it. I hope that my right hon. Friend the Member for Brighton, Pavilion (Mr. Amery) will accept that I heard them correctly. It is important to accept that some other dependencies would also be resentful.

If we gave way to other dependencies, we would be back to where we are now, with an unsatisfactory position. Alternatively, we would have a new British citizenship with immigration commitments for the future which, I am sure, nearly every hon. Member would regard as

457

British Nationality Bill

894

unacceptable. It is important that I say that to the House. That is why. I do not believe that we should give way on the amendments.

I accept that my hon. Friends have made an excellent case and I accept their emotional arguments. The hon. Member for Inverness (Mr. Johnston) said that if I were in Opposition listening to a Labour Minister arguing against the new clause I would oppose him passionately. That must be a hypothetical argument, but I doubt whether it is true, because, surprising though it may seem--some people may think that I get very excited from time to time-I am not swayed by emotion on these issues to the extent that some might expect. The argument that if we gave way to one dependency we would be forced to give way to the others with unacceptable immigration problems-is correct.

I find it hard to accept the argument of the hon. Member for Lambeth, Central (Mr. Tilley) that new clause 7 would be easier for Hong Kong to accept than would new clause 6. The same problem would arise with either clause.

I have explained the simple and straightforward reasons why I cannot advise the House to accept any of the amendments to give Gibraltar a special position, but I fully understand the views put on behalf of the people of Gibraltar and I find it difficult to take the view that I have expressed. However, I am convinced that I should be wrong and irresponsible in the long run to take any other position.

I should make it clear that the creation of a citizenship of the British dependent territories does not alter our relationship with those territories. My hon. Friend the Member for Surbiton was fair enough to point out that he does not believe that the fears understandably felt in Gibraltar are full of sound sense. My hon. Friend believes that they are prejudiced in some way and that they are not genuine.

Mr. Russell Johnston rose-

Mr. Whitelaw: I am sorry; I shall not give way. I am trying to finish my speech before 12 o'clock. I do not sce why I should show any preference to the hon. Gentleman in giving way.

The Government have given specific assurances to Gibraltar. There is no question of the administrative concession that enables Gibraltarians to enter the United Kingdom freely being withdrawn as a result of the Bill. That concession is not affected by the Bill. Gibraltar has been give that assurance. We have made it clear that we intend to ensure that rights now enjoyed by the people of Gibraltar as part of the European Community should continue. Even if the circumstances that led to the administrative concession for Gibraltarians to enter the United Kingdom were to alter, we have made it clear that we do not foresee that Gibraltarians would normally face any difficulty in entering the United Kingdom as they wish.

I believe that these are important assurances. It is right that I should give them. Having made those points, I give way to the hon. Member for Inverness.

Mr. Johnston: The right hon. Gentleman seems to be saying that he founds the whole of his case on the problem of the large population of Hong Kong. That is an inadequate response to the argument made on behalf of 'smaller dependencies.