TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 63

CODE 18-77

Mr Hill

Legal Advisers

kolerence

DEFINITION OF UK NATIONALS FOR EC PURPOSES

1. In my minute to Mr Clarke ( ECD(I)) of 3 November 1981 I suggested the following text for Gibraltarians

'British Dependent Territories citizens who acquire their citizenship from a connection with Gibraltar.'

I should have thought it had a far better chance of gaining the necessary acceptance from our EC partners and the Commission than any long and elaborate text.

2. It is very similar to the suggestion on page 5 of Mr Brown's minute of 14 October. The latter however is open to criticism in that it introduces the limitation that the connection with Gibraltar must be a "qualifying" one, yet it does not define what is meant by "qualifying".

3. Subject to the views of ECD(I) I suggest that N&T Dept might be invited to consult the Home Office again about the text in paragraph 1 above. The Home Office could be told why their alternative version, though longer and therefore less negotiable, is still incomplete. If you wish they could be shown your redraft at paper G as an illustration of the sort of text which is likely to be needed if their definition is to be made exhaustive. They could also be asked whether they could accept the alternative short draft for negotiation in the EEC context, and use a longer and more complicated version as the basis of regulations to be made under Section 41(1)(b) of the British Nationality Act 1981, for the purpose of handling applications for registration under Section 5 of the Act. If a really comprehensive text can be worked out for the latter purpose there ought not to be conflict in practice between the regulations and the short definition adopted for EC purposes.

4. I suggest that these minutes should also be copied to Eileen Denza in UKREP Brussels.

7. Винним

F Burrows

Legal Counsellor

19 October 1982 cc: ECD(1)/