TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 25

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British Nationality

[LORDS]

[LORD PITT OF HAMPSTEAD.] long to deal with, because I was in the Salisbury Room when I saw the notice on the television screen and, between then and coming here, the noble Lord's amendment had gone and mine was being dealt with.

I am grateful to my noble and learned friend for moving the amendment and I am glad that the Govern- ment intend to accept it. Indeed, the Minister has indicated to me that the Government will accept it, and I am very grateful to them for that. As your Lordships will remember, I have argued throughout this Bill that it is wrong to take away an entitlement that already exists. That was the point about not accepting the five years. On the other hand, since the Government were determined that a cut-off point was necessary then a cut-off point should be chosen which did not adversely affect anyone who had the entitlement at the time. The only people who would have been adversely affected by the cut-off point which was chosen by the Government were the youngsters who, because they were not of full age when the date arrived, were not able to claim their entitlement as of right. The Government accepted an amendment from me earlier which reduced the number who would suffer in that way, but there was still a three-year group- children born after December 1968, or after January 1969 or after January 1970, depending on when the Government intend to have the commencement of the Bill; children who, when the Bill came into effect, would be 15, 16 and 17-who would have been ad- versely affected had this amendment not been accepted.

I am grateful to the Government for being willing to accept this amendment. Although it may be only a small number who would be affected, they would be the type of group who would feel the greatest amount of injustice. We are talking about kids who have grown up in this country and who know no other.

The Parliamentary Under-Secretary of State, Home Office (Lord Belstead): My Lords, I am pleased to be able to support this amendment put down by the noble Lord, Lord Pitt of Hampstead. I regret that it was not possible for me to communicate with the noble Lord until this morning. I think that if I had been a little quicker off the mark then the noble Lord would perhaps have been able to be even earlier into the Chamber. However, we are indebted to the noble and learned Lord, Lord Elwyn-Jones, for moving the amendment.

The amendment seeks to ensure that Commonwealth citizens' children settled in this country before 1st January 1973 will be able to benefit from the entitlement to British citizenship conferred by Clause 6(1)(a) of the Bill. I should like to add to what the noble Lord, Lord Pitt, has said that we are concerned here with those who were born abroad, who were brought here as very young children and who were probably only about two or three years old when 1st January 1973 arrived. We have always taken the view in the Government that no great hardship would arise if those children were not brought into the entitlement to citizenship in Clause 6(1)(a) because they could, if their parents so wished, have been registered during their minority under the Home Secretary's discre- tionary power to register children under Clause 3(1)

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of the Bill. Incidentally, of course, at the moment children are not within the entitlement under the present law.

However, it has been put to the House by the noble Lord, Lord Pitt, on more than one occasion during the various stages of the Bill that there may be children whose parents have not been registered because the parents did not realise that they could do so, or for other reasons. The noble Lord has suggested, again on more than one occasion, that that would cause resentment and we have taken seriously the view of the noble Lord in this matter.

The earlier amendments proposed by the noble Lord would, as the noble and learned Lord, Lord Elwyn-Jones, said, have gone wider than this one. This amendment concentrates exclusively on children and young people and we are able to support it. I should just like to add that I think that it is possible that acceptance of the noble Lord's amendment may need one or more consequential amendments purely for drafting purposes and for no other reasons. If that is the case, it can be attended to in another place. However, here I am glad to support the noble Lord on this matter.

On Question, amendment agreed to.

Lord Pitt of Hampstead moved Amendment No. 3: Page 7, line 40, at end insert-

("(6A) In the case of any person who is a minor at com- mencement, the reference to five years after commencement in subsection (1) above shall be treated as a reference to five years after the date on which he attains the age of majority."). The noble Lord said: My Lords, I beg to move Amendment No. 3, which has already been spoken to.

On Question, amendment agreed to.

Clause 10 [Right to registration by virtue of United Kingdom nationality for European Community purposes.]

Lord Bethell moved Amendment No. 4:

Page 10, line 36, leave out from second (" of ") to (“shall ") in line 39 and insert ("any of the pre-Accession Treaties listed in Part I of Schedule 1 of the European Communities Act 1972 ").

The noble Lord said: My Lords, I beg to move Amendment No. 4. This amendment is a drafting amendment which does not, I believe, affect the principle which was established at the Committee stage of this Bill by a substantial vote of your Lordships' Committee to the effect that Gibraltarians should be included in the Bill and should have the rights, when this Bill becomes law, to apply for registration as British citizens and be granted British citizenship.

Subsequent to the acceptance of this amendment at the Committee stage, it became clear that there were certain drafting flaws in the amendment which your Lordships were good enough to approve, and it became necessary to clarify what exactly was meant by the term used in the amendment:

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United Kingdom national for European Community purposes ".

I wish now to express my gratitude to my noble friends Lord Belstead and Lord Renton, who raised this matter and brought it to my attention. I should like to thank my noble friend Lord Belstead for his help in enabling me to reconsider the wording of this new

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