TNAG-2203-FCO40-3158-Hong-Kong-nationality-package-legislation-to-restrict-the-ri-1990 — Page 14

CONFIDENTIAL

SICRETARY

OF STATE

requirement. It will then be possible to maintain the traditional character of the quinquennial Armed Forces Bill as the basis for a non-partisan review of the Services' disciplinary system, only used for that purpose, and dealt with on that basis by an ad hoc Select Committee. To use the Bill for other purposes could itself prove controversial and so give rise to handling difficulties which we would not have with a measure of the conventional sort. It could

in particular involve a much fuller and more extensive examination of proposals for amending the British Nationality Act 1981 than would be the case if they were included in your Bill and so considered by Standing Committee since the Select Committee will be in a position to take evidence and question witnesses. Moreover, as well as the questionable advisability from a procedural viewpoint of using primary legislation to amend the Immigration Rules, it could provide an unwelcome opportunity for other changes to those Rules which Parliament would not have if the normal method

of amending them was followed.

5. I hope therefore that for these various reasons you and other OD colleagues will be able to agree that the Bill to deal with Hong Kong assurances would be a more appropriate vehicle than the Armed Forces Bill for the amendments needed to deal with the Gurkha requirements.

6. I am copying this minute to the Prime Minister, other members of OD and Tim Renton, and to Sir Robin Butler.

Ministry of Defence 22nd January 1990

CONFIDENTIAL

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