TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 90

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SECRETARY

QUEEN ANNE'S GATE LONDON SWIH 9AT

16/3/82

Thank you for your letter of 30th July about the Falkland Islanders.

I understand your purpose in writing to me and accept at once that this is a difficult issue. We have never ignored the strong feelings which people have about it. Throughout the passage of the new nationality legislation, I and other Government spokesmen constantly emphasised that the Bill did nothing to change the constitutional relationship of the United Kingdom to the Islands.

Also during the Bill's passage the firm assurances which the Islanders had already had from us were constantly repeated. These assurances were to the effect that the Government would accord very sympathetic consideration to any Falkland Islander who, during an emergency, might be in difficulties over entry to this country. This of course repeated earlier undertakings. The Government have kept to these undertakings. In so far as most Falkland Islanders have the right of abode but some do not, the 1981 Act does nothing to alter the position.

What has significantly altered the position is the Government's announcement, made at the outset of the recent conflict, that no Falkland Islander, whether he had the right of abode or not, would have any difficulty over entry to the United Kingdom. That is a very considerable concession and, I suggest, an entirely appropriate response to the situation.

I have not closed my mind on the issue of nationality but it remains the case that the need for legislation is not overwhelming since the Islanders already have in practice most if not all of the advantages which British citizenship would bring. Lord Bruce's Bill raises difficulties on the technical side because it would, unless amended, produce anomalies in the whole framework of citizenship which the British Nationality Act 1981 provides. But we will of course consider very carefully the House of Lords' approach to it.

In his reply to Lord Paget Rodney Elton was referring to section 4 of the 1981 Act, which will give British Dependent Territories citizens from the Falklands and elsewhere an entitlement to be registered as British citizens after five years' residence

The Rt. Hon. The Lord Boyd-Carpenter, D.L.

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