TNAG-1087-FCO40-1337-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 70

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British Nationality Bill

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British Nationality Bill

Lords amendment, as amended, agreed to. Consequential Government amendment agrees for $1 Lords amendments Nos. 20 to 22 agreed to 1981

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New Clause A

RIGHT TO REGISTRATION BY VIRTUE OF UNITED 【INGDOM NATIONALITY FOR EUROPEAN COMMUNITY

PURPOSES

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Lords amendment: No. 25, after clause 9, insert new

Action Takuse A,

RIGHT TO REGISTRATION REPLACING RIGHT TO RESUME CITIZENSHIP OF United Kingdom AND COLONIES Lords amendment: No. 23, in page 11, line 11, at end insert-

*(1A) On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—–

(a) has an appropriate qualifying connection with the

United Kingdom; or

(b) if a woman, has been married to a person who has, or

would if living have, such a connection."

Mr. Raison; I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker: With this we may take Lords amendments Nos. 24, 47 and 48.

Mr. Raison; Amendments Nos. 23 and 24 add to clause 9 of the Bill a discretionary provison enabling a person who renounced citizenship of the United Kingdom and Colonies for whatever reason to resume British citizenship at discretion, provided that he has an appropriate qualifying connection with the United Kingdom.

As presently drafted, clause 9 of the Bill-like the current provision in section 1(1) of the British Nationality Act 1964 which it replaces-only confers an entitlement to British citizenship on those with the relevant qualifying connections with the United Kingdom who renounced citizenship of the United Kingdom and Colonies in order to acquire another Commonwealth citizenship. However, it was put to us both in this House and in another place that there could be people who renounced for other reasons than that they had to acquire another Commonwealth citizenship and who might wish to resume British citizenship. The Government accept that such cases deserve sympathetic consideration. We have therefore added to clause 9 the discretionary power to deal with cases of people who have an appropriate qualifying connection but do not meet the criteria for the entitlement.

I should point out that the permanent provisions for resumption by people who renounced British citizenship-to be found in clause 12—already contain, at subsection (3), a discretionary power of this kind. All we are really doing therefore is bringing the two provisions into line.

We are also asking the House to agree with the Lords amendments Nos. 47 and 48, which are the equivalent for the British dependent territories of those to which I have already spoken.

Question put and agreed to.

Lords amendment No. 24 agreed to.

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A. A person who is a United Kingdom national for European Community purposes by virture of the operation of any of the pre-Accession Treaties listed in Part I of Schedule 1 to the European Communities Act 1972 shall be entitled, notwithstand- ing the provisions of Part II of this Act, on application, to be registerd as a British citizen."

Read a Second time.

The Secretary of State for the Home Department( Mr. William Whitelaw): I beg to move, That this House doth disagree with the Lords in the said amendment.

Mr. Deputy Speaker (Mr. Bryant Godman Irvine): With this we may take the Government new clause in lieu-Acquisition by registration: nationals for purposes of the Community Treaties-Lords amendment No. 29 and Government motion to disagree, together with the Government amendment in lieu.

6.45 pm:

Mr. Whitelaw: The amendments are concerned with access to British citizenship by the people of Gibraltar. As the House knows, Gibraltar is the only British dependent territory whose people are treated as our nationals for the purpose of the Community treaties, and it was agreed in another place that, by virtue of this status, people from Gibraltar should be entitled to British citizenship on application.

An amendment on those lines was moved by my hon. Friend the Member for Aberdeenshire, East (Mr. McQuarrie) on Report on 2 June. I explained then that I could not advise the House to give Gibraltar a special position under the Bill, because of the impact on other dependent territories. Whilst we fully understood the views put forward on behalf of the people of Gibraltar, specific assurances had been given to them about arrangements for their entry to the United Kingdom. The House decided by a majority of 25 that special access to British citizenship should not be given to the people of Gibraltar

It was, however, clear that there was a large body of opinion in this House and elsewhere which continued to hold the view that Gibraltar's position merited special treatment in the Bill. This was emphasised again when an amendment similar to that moved by my hon. Friend the Member for Aberdeenshire, East was moved in another place on 22 July. Again, very strong pleas were made that the situation of Gibraltar, the nature of its ties with the United Kingdom and its position within the European Community justified a different approach to British citizenship for its people from that available to other citizens of the British dependent territories. The opposing arguments were formidably displayed, but, by a majority of 38, the amendment was agreed. Subsequently on Third Reading the wording of the amendment was somewhat modified, but its intention remains the same--to confer on the people of Gibraltar, as nationals for the purposes of the Community treaties, an unqualified entitlement to British citizenship.

The Government carefully considered what response they should make when the amendment passed in another

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