TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 56

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Nationality and Treaty Department

Foreign and Commonwealth Office Clive House Petty France London SW1H 9HD

M J Addison Esq

B4 Division Home Office Apollo House

Wellesley Road CROYDON

Decen James

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file

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Telephone 01-213 3749

Ви Горайону

note

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Draft to

His Addiso

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DEFINITION OF UK NATIONAL FOR EC PURPOSES

Your reference

Our reference GNN 340/1(40)

Date

11 December 1981

1. Because of the publicity which has been given to the British Nationality Act 1981 and of the interest shown in Europe we think we should go ahead as quickly as possible with the redefinition of our nationals for EC purposes and explain it to our Community partners. I attach at Annex A the current definition and an explanation of the persons who are covered by the definition by reason of their connection with the United Kingdom itself. In February our Ministers accepted a recommendation made by Wilfred Jones that the redefinition of 'nationals' should cover all those who are covered by the present definition and additionally that we should if necessary be prepared to seek to extend the coverage in relation to pecple connected with Gibraltar. I attach at Annex B the text of a possible redefinition.

2. Paragraph (a) of the revised definition covers all British citizens including those persons who are at present citizens of the United Kingdo and Colonies solely by virtue of a connection with the Channel Islands and the Isle of Man. We see no easy way of excluding some islanders from the definition and we are not inclined to do so.

3. Most of the persons covered by paragraph (b) of the revised definition will possess their status by virtue of Section 31 of the 1981 Act. Except perhaps in a freakish case they would all enjoy freedom of movement in the EC by virtue of their citizenship of the Republic of Ireland. But it is likely that they have elected to remain British subjects because they wish to travel on a UK passport and the provision contained in section 31 would be much devalued if they had to take an Irish passport to be sure of their privileges in the EC. We do not like making reference in the definition to Part IV of the British Nationality Act 1981 because our practice is to frame definition so that they stand on their own. But as you will see from Shelagh Brooks' minute of 17 November (a copy of which is at Annex C) there appears to be no alternative if this special category is to continue

to be included in the definition.

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