TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 26

701

British Nationality

[ 20 OCTOBER 1981]

clause and my noble friend Lord Renton for being kind enough to withdraw his amendment at the Report stage a few days ago. I have consulted with both my noble friends and I believe that the new clause, as proposed, will meet the objections put forward.

Your Lordships will, I am sure, be aware, since this matter was very carefully debated in July, that there is a declaration annexed to the Treaty of Accession of the United Kingdom to the European Community making it clear that Gibraltarians are United Kingdom nationals for European Community purposes. This declaration was part of the Treaty of Accession; it was annexed to that treaty, and it was part of the treaty, which was debated in your Lordships' House and in another place, and approved and ratified during 1972. It was, of course, on the basis of this principle that I invited your Lordships to approve the amendment in the first place in July of this year.

I know that my noble friend Lord Belstead still has his doubts about the principle which enabled myself, my noble friends and the noble Lord, Lord Hughes, to put forward the amendment in July; but in his contribution today I hope that my noble friend will agree that at least this amendment clarifies the principle. What one then makes of it is, of course, up to my noble friend and another place to decide. However, the principle should be clarified, and I believe that it is clarified by the amendment which I put forward today. I beg to move.

Lord Belstead: My Lords, the amendment of my noble friend Lord Bethell will materially improve Clause 10 in one important respect-the right of abode in Gibraltar will no longer be one criterion for access to British citizenship under that clause. It is clearly undesirable that merely because someone held the right of abode in a dependent territory-a matter that was determined exclusively by local immigration ordinances he or she should in consequence have an unqualified entitlement to British citizenship. Such an arrangement would mean that access to British citizenship was effectively in the hands of the Gibraltar legislature; if that legislature decided to alter the ambit of the right of abode, then this would decide who had an entitlement to British citizenship under Clause 10. From my noble friend's remarks I do not think that this was his intention, and the House would not consider it appropriate.

Therefore, I would reply to my noble friend saying that I believe the amendment as it is now drafted is workable. However, I do not think that it is necessarily technically absolutely correct. But that is as may be, for the drafting would be a matter for another place which, of course, will also be considering the merits of my noble friend's new clause.

On Question, amendment agreed to.

Clause 14 [Meaning of British citizen " by descent ".]

The Lord Advocate (Lord Mackay of Clashfern) moved Amendments Nos. 5 and 6:

Page 14, line 33, after (“ Kingdom ") insert (“ (a)”)

line 35, at end insert-

(“; or

Bill

702

(b) in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.").

The noble and learned Lord said: My Lords, if I may, I shall take Amendment No. 6 with Amendment No. 5. These amendments are essentially conse- quential on one that we brought forward on Report. The House will recall that on Report your Lordships agreed an amendment to Clause 2(2) which provided that after commencement a child born overseas would be a British citizen if, at the time of his or her birth, the child's parent was a British citizen serving outside the United Kingdom in service under a Community institution and had been recruited for that service in a country which was at the time of recruitment a member of the Communities. Such a child is to be a citizen otherwise than by descent and is to be able to transmit his or her citizenship automatically to any children he or she may have abroad. This amendment thus puts children born abroad after commencement to British citizens working in Community institutions in specified circumstances on the same footing as children born abroad after commencement to Crown servants under the Government of the United Kingdom, or those serving in service designated under Clause 2(3), and who had been recruited for such service in the United Kingdom. In moving that amendment I explained that the Government considered that our unique and special links with the Community justified this special provision for the children of British citizens working for Community institutions.

Thus, we have dealt with the position after com- mencement. It seems right that we should also deal with the position before commencement. Accordingly, we have brought forward this provision which ensures that persons born abroad before commencement who become British citizens on commencement will be citizens otherwise than by descent if at the time of their birth their father was serving under a Community institution and had been recruited for that service in a country which was at the time of recruitment a member of the Communities. Those concerned will, therefore, enjoy the same status as children born before com- mencement to fathers in Crown service under the Government of the United Kingdom and recruited for that service in the United Kingdom.

Your Lordships will appreciate that this provision applies only to those born abroad before commence- ment whose fathers meet the specified requirements, as at the time of their birth our citizenship was trans- missible only in the male line. With that explanation, I hope that your Lordships will feel able to approve these amendments. I beg to move Amendments Nos. 5 and 6 en bloc.

Lord Elwyn-Jones: My Lords, at least it can be said that this amendment maintains the total complexity of the Bill. The explanation that the always lucid noble and learned Lord the Lord Advocate has given is yet another illustration of how almost impossible it is to follow a great deal of the Bill itself.

Baroness Elles: My Lords, before this short debate is terminated I should like to reassure the noble and learned Lord that this amendment is anything but unclear to those whom it affects. Judging by the