TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 109

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BE DEALT WITH IN THE CONTEXT OF ANY ARRANGEMENTS BETWEEN THE

COMMUNITY AND THE WHOLE OF CYPRUS.)

4. ARTICLE 227(4) WAS PART OF THE ORIGINAL TREATY OF ROME. THERE WAS NO QUESTION OF SPECIAL NEGOTIATIONS TO INCLUDE GIBRALTAR

IN THE EUROPEAN COMMUNITY, BUT ARTICLE 227(4) MEANT THAT THERE COULD BE EQUALLY NO QUESTION OF EXCLUSION OF GIBRALTAR FROM THE EUROPEAN COMMUNITY IF THEY WISHED TO JOIN, AS THEY DID. IT FOLLOWS THAT THE PEOPLE OF GIBRALTAR WILL BE THE ONLY ONES WHO

WILL BENEFIT FROM THIS CLAUSE.

5. THE GOVERNMENT OPPOSED THE NEW CLAUSE IN THE HOUSE OF LORDS,

AS THEY HAD A SIMILAR AMENDMENT IN THE HOUSE OF COMMONS, ON THE

GROUNDS THAT THEY DID NOT AGREE THAT THE RELATIONSHIP WITH THE

EUROPEAN COMMUNITIES SHOULD HAVE AN EFFECT IN OUR NATIONALITY LAW. NEVERTHELESS STRONG SUPPORT FROM THE EUROPEAN LOBBY IN THE HOUSE

OF LORDS AS WELL AS FROM OTHERS CAUSED THE AMENDMENT TO BE PASSED. (THERE WERE SEVERAL OTHER AMENDMENTS IN THE LORDS WHICH WERE

STRONGLY ARGUED ON SIMILAR GROUNDS THAT THERE SHOULD BE SPECIAL

PROVISIONS BENEFITTING PEOPLE WORKING IN THE INSTITUTIONS OF THE

EUROPEAN COMMUNITY AND THE CHILDREN BORN IN THE EUROPEAN COMMUNITY

OF BRITISH CITIZEN PARENTS BEYOND THE FIRST GENERATION WHICH

ATTRACTED SIGNIFICANT SUPPORT.)

0. THE NEW CLAUSE DOES NOT AFFECT GIBRALTAR'S INCLUSION IN

SCHEDULE 6 OF THE NEW NATIONALITY BILL AS ONE OF THE TERRITORIES

TO BE INCLUDED IN CBOT AND ALL GIBRALTARIANS WILL ON COMMENCEMENT

OF THE NEW ACT BECOME CBDT.

FOR YOUR OWN INFORMATION:

7. THE GOVERNMENT ARE CONSIDERING THE IMPLICATIONS OF THE LORDS'

VOTE CAREFULLY. WHETHER PARLIAMENT WILL BE PREPARED TO REVERSE

THIS AMENDMENT EITHER AT THE REPORT STAGE IN THE LORDS OR SUBSE-

QUENTLY IN THE HOUSE OF COMMONS IS A QUESTION WHICH WILL REQUIRE

CAREFUL STUDY OF THE POLITICAL AND PARLIAMENTARY FACTORS INVOLVED INCLUDING THE INTERESTS OF THE DEPENDENT TERRITORIES. A DECISION

MAY WELL NOT BE TAKEN UNTIL SHORTLY BEFORE THE END OF THE PARLIAMENTARY RECESS IN OCTOBER.

I SHOULD BE GRATEFUL IF YOU WOULD USE PARAGRAPHS 1-6 OF THIS

GUIDANCE AS BACKGROUND IN EXPLAINING THE POSITION IN THE TERRITORY

3.

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