JUL
اثار
Standing Committee F
31 MARCH 1981
ministerial statement. We would then be able to decide whether we wanted to push those amendments.
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that many of the amendments are, if not probing amendments, first-sight ideas of things we might want to change or to prove, Pui cxanipio, svine al' thun nen istandad muralu ta and infarmatian unul if
the Minister gave the information in his speech or in further discussions in the Second Reading debate, we would be able to dispense with them altogether. If we moved them in the course of the Second Reading debate it would get messed up. Because of the shortness of time and because there is so much new material, I prefer that we have the Second Reading debate and then move the amendments in the groupings which, having seen them this morning, I was happy to accept. Indeed, I have prepared notes based on those groupings. It would be diffiwult if the procedure was changed.
The Chairman: I understand the hon Gentleman's point of view. The Minister is now making his mini- sterial speech on Second Reading in opening. I am simply trying to be helpful to the Committee so that we do not have to go over the ground again. However, if it is the Committee's wish, we will proceed as outlined.
Mr. Jim Marshall (Leicester, South): I do not wish to be maliclpful. I have a great deal of sympathy with with my hon Friend the Member for Lambeth, Central (Mr. Tilley).
Can I raise a different point of order? New clause 9 mentions two new forms of citizenship, namely those, of the British dependent territories and those of British overseas citizens. The Committee has not yet had an opportunity to discuss those definitions because they fall in two later parts of the Bill. I am sure you will appreciate, Miss Boothroyd, that it will be extremely difficult for us to discuss the merits or lack of merits of new clause 2 without stfurthig to thuão two now ento- gories of citizenship. I would like a guarantee from the Chair that that will not ore-empt any discussion on those two new forms of citizenship later.
This new clause begs many questions. It states that people who are created British overseas citizens will be able to register as British citizens if they have been esident in this country, but it makes no provisions for the children of British overseas citizens who are born in this country. The new clause makes it clear that the British overseas citizen who is in this country must be free of any immigration control in the twelve months prior to his registration. The British overseas citizen will not be legally settled in this country if he falls within immigration control.
If that is the case, the Bill makes no provision for citizenship for children who are born in this country to that category of people. They will not be eligible for citizenship of the country from which their parents came. They will not be eligible for British citizenship because the parents are not legally settled in this country. They will not be eligible for British overenje citizenship, except at the discretion of the Home Secre- tary, since British overseas citizens are not able to transmit their citizenship.
I suggest that the new clause leaves a big loophole and will create statelessness. Before the Minister gives is ministerial statement he should also make a state- ment to close this loophole, which could put the United
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Kingdom in contravention of the provisions relating to statelessness.
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The Chairman: Many of the points that the hon Scarisman has made ars not poins vï orda for the Chair. Obvirnely the (hair uavoli nost unnt bis pra amni or curtail discussion. I believe that an undertaking has already been given on the point made by the hon Gentleman.
Mr. Raison: Before the Division in the House I was talking about the way in which the discretionary power embodied in new clause 9 would be used. It is not pussibie to give an estimate of the numbers which might be involved, Fach cuse would have to be looked at on its merits. The Home Secretary would have to convidar, in the einzunetuneen of anoh upplivation, whether there were special circumstances justifying the exercise of the discretion in that case. Obviously the cases in which he would so decide would not he numerous. There is no question of this being part of the, regular emoluments of Crown servants in the dupen- dencies. But we think that it is right that the new clause should indicate that Crown service in the dependencies could in some circumstances be recognised in this way as benefiting the United Kingdom itself.
I should just say a word about the people who are covered by the discretion in subsection (4). As sub- section (5) indicates, it is not only Crown servants who are involved. The subsection also applies to people in paid or unpaid service as a member of any body established by law in a dependent territory, members of which are appointed by or on behalf of the Crown. This brings in people who may not be Crown servants but are playing a crucial part in the government of a dependent territory.
I should like to say that in almost all cuses people who would qualify for registration under clause 7 would also qualify under new clause 9. That is why we do not wish clause 7 any more to stand part of the Bill. I accept that cases can be cited where someone would qualify under clause 7 but not under the new clause. These are the cases where someone settled before commencement might subsequently complete five years' ordinary residence but not meet the requirements of the new clause, which is based not on ordinary residence but on actual presence in this country for five yours, subject to specified periods of absence.
"Ordinary" residence might entail more than 450 days' absence in five years or more than 90 days in the last year. Those cuses will be ture tind so do not seem to the Government to justify two clauses covering the same ground running side by side. But I now undertake that transitional cases which do not meet the new clause's residence requirements but which would have qualified under olunca 7's ordinary residence criteria will he dealt with under the discretionary provisions of new clause 9. The relevant provision of that clause is subsection (V), which permits the Secretary of State to accept. in the special circumstances of a particular case, that the residence requirement is met if the period of absence is more than 450 days in live years er more than 90 days in the last year of the five.
For these reasons, I hope that the Committee will agree that it would now be sensible to drop clause 7 and to accept new clause 9 in its place.
No comments yet.
Private notes are available after approval.