TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 137

would have any difficulty over admission to the United Kingdom whether he had the right of abode or not. That remains the position. In

practical terms the noble Lord's Bill offers the Falkland Islanders

almost nothing which they do not have already.

15. My Lords, in the light of the history which I have just outlined, I do not consider that it can reasonably be argued that the Government have

been indifferent to the needs and wishes of the Falkland Islanders. Their

position has always been sympathetically considered and, I repeat, they now have unrestricted access to this country if they want it. After 5 years residence here, they would be entitled to British citizenship if they did not have it already. That the Government have acted generously and appropriately is recognised even by some of our critics. They suggest however that, having gone this far, really it is only a small extra step to take to confer British citizenship on everyone connected with the

Islands.

16. My Lords, it is not a small step. It has very significant

implications for the whole scheme of British Dependent Territories citizenship. At present that citizenship is held in common by all those

who have ties with the dependent territories. In no case does a connection.

with a dependent territory automatically confer British citizenship. If

•

that were to happen, an important exception would have been made to the

scheme of the Bill whereby distinctive citizenships have been created for those who belong to the United Kingdom on the one hand and for those who

belong to the dependent territories on the other. The important question is whether such an exception can be justified.

17.

It is

Of course, it may be said, an exception has already been made for

Gibraltar. That is not entirely so. People born, registered or naturalised in Gibraltar, as well as their immediate descendants if born

outside Gibraltar, will be British Dependent Territories citizens. true that, under section 5.of the Act, they may subsequently be registered as British citizens but this is not the same thing as conferring citizenship automatically at birth or at commencement of the 1981 Act. Also, section 5 gives special treatment not to Gibraltarians specifically but only inasmuch as they fall to be treated as United Kingdom nationals for European Community purposes. Indeed, were the relationship of Gibraltar to the European Community ever to change, section 5 might cease

to benefit Gibraltarians. Gibraltarians as such are not mentioned.

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