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[LORD RENTON.]
British Nationality
[ LORDS }
Gibraltar because I do not know that there is anything in the Bill which enables one to have both British citizen- ship and citizenship of a dependent territory. Being proud people of Gibraltar, I should have thought that most of them would prefer to remain so.
Baroness Vickers: Having put my name to this amendment, I have two points I should like to put forward. One is to enable us to put this question of Hong Kong into proportion. We have been told that there are 5 million people in Hong Kong and 2.6 million who are at present citizens of the United Kingdom and Colonies because they were either born in Hong Kong or acquired United Kingdom citizenship through naturalisation. But of those numbers very few have been able to come here owing to the Commonwealth Immigration Acts of 1962 and 1968 and the 1971 Immigration Act. It is stated that these three Acts have gradually eroded the right of Hong Kong citizens to come to the United Kingdom. At the present time I understand that the number coming from Hong Kong to the United Kingdom to work each year under the special quota system for dependent territories is restricted to 150, so we cannot say that we are dealing with vast numbers. Last year only 100 people entered the United Kingdom from Hong Kong with work permits, and they mainly work in the restaurant trade. Another 890 dependents-- that is, children and some ageing parents-entered the United Kingdom under existing immigration provisions. The total number from Hong Kong coming to the United Kingdom who have a chance to settle here, therefore, is less than a thousand a year, so I do think that the figure has been greatly exaggerated. Also, they will have something that no other dependent territory will have; they will have a Life Peer sitting in this House. He will be able to put forward the opinions of Hong Kong and he will be able to see that they are fairly treated.
Lord Soames: May I intervene for one second? I am sure that the noble Baroness would like to get this right. It is, of course, correct that there are limitations on the people of Hong Kong immigrating into this country, but I hope that she will not forget that the whole
purpose of this Bill is to alter British citizenship to those who are specifically and intimately connected with the United Kingdom, and only with the United Kingdom. If we were to give British citizenship to, say, the people of Hong Kong, that would be ruining the whole thing and going right back. to where we are today, where a lot of people have citizenship of the United Kingdom and Colonies but have no right of entry into this country. That is one of the reasons why the present arrangements are so unacceptable.
Baroness Vickers: I am sorry, but I think that my noble friend has mistaken what I said. I said they would have representation through a Life Peer in this House; so they will have some representation, and he can look after their welfare and I an. sure he will do 50. What would be the point of having a Life Peer appointed to this House if he were not going to take action to safeguard the interests of his people and to safeguard the Immigration Acts as they are now? It
Bill
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seems quite unreasonable if he is to come here and have nothing to say at all.
The other point I should like to make concerns Gibraltar and I should like to quote from what was said by Mr. Sam Benady QC, the Leader of the Bar in Gibraltar, who said in his address at the opening of the legal year in Gibraltar in 1980. He said this:
"We have had many verbal assurances that the Gibraltarians would be afforded special treatment if they wish to enter or reside in the United Kingdom. These are mere assurances, but in law they have no right. Great Britain has said time and time again that it will sustain and support us, but I as a loyal British subject say to Britain--from these ancient Benches of our Supreme Court--it is no usc sustaining the body if you do not sustain the spirit ".
Today we are really asking that the spirit of the Gibraltarians shall be sustained, and I hope that at the end of this debate we shall see that it is.
Baroness Elles: First, I must apologise to my noble friend Lord Renton, because when I attempted to speak earlier I was not aware that he had not terminated his speech. I think we are all agreed on the political and strategic importance of Gibraltar, the loyalty of its citizens and their devotion to the United Kingdom and, above all, to the Crown. We are also aware of the loyalty and respect that we in this House have for those citizens of Gibraltar. But I think it has also been accepted by all sides of this Chamber and by another place that the purpose of this British Nation- ality Bill is to define for the first time in our history our nationality by our territory-that of the United Kingdom--and for the time being at any rate Gibraltar is not a part of the United Kingdom. From this, of course, many consequences flow from the terms of the Bill as it stands at present.
The second principle which I believe has been accepted by all Members of this Chamber and of another place is the other principle of this British Nationality Bill regarding British citizens whose children are born overseas. After the first generation, British nationality will not be granted to them, nor if they do not get British citizenship will they have the right of abode. I should like to point out the very special position in which Gibraltarians find themselves both under the terms of this Bill and under the guaran- tees given to them both by former Labour Ministers and by Ministers of the Crown in the present Government. I do not think there is any reason to believe that Ministers of future Governments will not maintain and support those guarantees.
The Gibraltarians are the only British citizens of dependent territories, or of any other, who for successive generations will have the right of abode in this country although they will not be born in the United Kingdorn. My own prospective great-grandchild will not have the right of abode if it is born outside the United Kingdom, because my grandchild happens to be a British citizen by descent under the terms of this Bill. This is not sour grapes on my part, but I would point out, with regard to many thousands of British citizens whose children are born abroad, that none of them will have the privilege which is being accorded-and rightly so- to the people of Gibraltar under the guarantees of former Governments and of the present Government. Furthermore, they have a right which, again, is not accorded to future children of children who will be
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