TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 53

17. 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 descendents if born outside Gibraltar will become

British Dependent Territories citizens. It is 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 Gib- raltarians specifically but only in as much as they fall to be treated as United Kingdom nationals for European Community pur-

Indeed were the relationship of Gibraltar to the European Community over to change section 5 might cease to bene

fit Gibraltarians, Gibraltarians as such are not mentioned.

poses.

[original paras 18-21 deleted by Home Office]

22. Section 5 therefore provides little precedent for specifically mentioning one dependent territory and singling out its inhabitants for exceptional treatment. My point is illustrated by the fact that the Bill which your Lordships are debating today is not based in any way on section 5.

23. My Lords, I turn now to the basic point, which seems to me to be this. In October last year, your Lordships voted, by the narrowest possible majority, it is true, to reject an amendment which would have had precisely the same effect as the noble Lord's Bill. Indeed, the nobl Lord's Bill is very closely based on that amendment

Circumstances on the Falkland Islands have changed considerably since then, but nothing has occurred to lessen anything-happened since then which has foepened the force of the reasons which the Government then advanced against the amendment? This needs to be considered with great care because there are implications which go wider than the Falkland Islands themselves.