739
British Nationality
[LORD ELWYN-JONES.]
[ LORDS]
upon personal abuse of the kind that he embarked upon, but to return to the merits of this matter.
I should like to express, as one who had the respon- sibility of moving the amendment, gratitude for the fact that it has been supported from all parts of the House. With regard to the procedure that has been followed-and I noted the enjoyment with which the noble Lord, Lord Boyd-Carpenter, my old friend, made something of a mockery of the procedure- it is one which has been well established by convention since 1945. It has been recognised by all parties that this House does not divide against Bills passed by the elected Chamber, nor against Bills introduced in this House. That has been the practice ever since the agreement in 1945, I understand, between Lord Addison, the then Leader of the House, and Lord Salisbury.
In that situation if, nevertheless, it is desired to express a hostile view about a Bill, as in this case, there are at least three precedents for doing so. Curiously, I did that very thing on Second Reading and I noticed no lofty constitutional objection on that occasion, even from the noble Lord, Lord Boyd- Carpenter, who is the custodian of constitutional propriety, if I may say so, and who, as the Lord High Steward of Kingston-upon-Thames, one would expect him to be. Thus, while I agree it has given him a bon quart d'heure of enjoyment, attempting to make something of a mockery of what has happened, what has happened is a very serious challenge to the provisions of the Bill from all parts of the House.
The most reverend Primate, the Archbishop of Canterbury not only opposed it but made a suggestion which I hope will be communicated to the Home Office; that at any rate if the Bill receives the Royal Assent, those who have to apply its provisions and exercise the massive quantity of discretion which rests nominally in the Secretary of State, in practice in them--will see that it is exercised as humanely and liberally as possible. That is the least we can ask. But there is no time now to go through the whole argument.
To say, as the noble Lord, Lord Belstead, did at the end, that this is a Bill which has achieved or may achieve harmony is, I regret to say, in the view of those who live near this problem and have worked in the communities concerned, a piece of total misunderstanding of the deep anxieties the Bill has already raised. I make no apology for having introduced an amendment stating that the Bill, if enacted, will result in injustice: we have traversed some of that ground already. The amend- ment goes on to say that it will,
66
'greatly increase the number of stateless men, women and children ".
That is will increase the number is undoubted; there would have been no stateless children born in this country if we had not abolished jus soli. Even if 100 or 1,000 children born in this country are now, as a result of this Bill, to be stateless, that is a shame and is quite contrary to the traditions of this House. Then the amendment says there will be created,
new uncertainties and feelings of insecurity",
and that has been voiced by organisations connected with and working in this field throughout the course of the Bill, and it still comes through to us. Alas--and it gives me no pleasure to say this in the amendment—
Bill
740
the Bill may also be likely to exacerbate racial tension at a most difficult time in our country's history in regard to race relations. Therefore it is with no joy but with regret that I feel it would be right for this House on this occasion to send the Bill away with the message contained in the amendment.
5.54 p.m.
On Question, Whether the said amendment shall be agreed to?
Their Contents, 149.
Amherst, E. Ardwick, L.
Avebury, L.
Lordships divided: Contents, 92; Not-
Aylestone, L. Bacon, B. Balogh, L. Banks, L. Bernstein, L. Beswick, L. Bishopston, L. Blease, L. Blyton, L. Briginshaw, L. Brockway, L.
Brooks of Tremorfa, L. Bruce of Donington, L. Canterbury, Abp. Carlisle, Bp. Chelmsford, Bp. Chitnis, L.
Cledwyn of Penrhos, L. Cooper of Stockton
Heath, L.
DIVISION NO. 1
CONTENTS
Darling of Hillsborough, L. Davies of Leek, L. Donaldson of
Kingsbridge, L. Elwyn-Jones, L. Evans of Claughton, L. Ewart-Biggs, B. Fisher of Rednal, B. Fulton, L. Gifford, L. Glenamara, L. Hale, L. Hampton, L. Hanworth, V.
Hayter, L.
Hooson, L.
Houghton of Sowerby, L. Jacques, L.
Jeger, B.
Jenkins of Putney, L.
John-Mackie, L.
Kilmarnock, L. Lawrence, L. Leatherland, L.
Abinger, L.
Airey of Abingdon, B. Alexander of Tunis, E. Ampthill, L. Auckland, L. Avon, E. Baker, L. Bathurst, E. Belstead, L. Benson, L. Bessborough, E.
Lichfield, Bp. Lincoln, Bp. Llewelyn-Davies of
Hastce, B.-[Teller.} Lloyd of Kilgerran, L. Longford, E.
Lovell-Davis, L.
McCluskey, L.
McGregor of Durris, L. McNair, L.
Milner of Leeds, L. Noel-Baker, L.
Ogmore, L. Oram, L. Peart, L.
Pitt of Hampstead, L. Ponsonby of Shulbrede, L.
-[Teller.] Reilly, L. Rhodes, L.
Rochester, Bp.
Rochester, L.
Ross of Marnock, L. Sainsbury, L.
Sefton of Garston, L. Segal, L.
Shepherd, L.
Shinwell, L.
Sligo, M.
Stewart of Alvechurch, B.
Stewart of Fulham, L.
Stone, L.
Tanlaw, L.
Taylor of Gryfe, L.
Taylor of Mansfield, L.
Tordoff, L.
Underhill, L.
Wallace of Coslany, L.
Walston, L.
Wells-Pestell, L.
Whaddon, L.
White, B.
Wigoder, L.
Winterbottom, L.
Wootton of Abinger, B. Wynne-Jones, L.
NOT-CONTENTS
Boothby, L.
Boyd-Carpenter, L. Brabazon of Tara, L.
Brougham and Vaux, L.
Caccia, L.
Cairns, E.
Camoys, L.
Campbell of Alloway, L. Campbell of Croy, L.
Carrington, L.
Cawley, L.
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