§ 16. Sir J. D. REESasked the Secretary of State for the Home Department whether the reservations, subject to which a German subject renounces his nationality on becoming a naturalised British subject, relate to his duty in time of war to the country of his original allegiance?
§ Mr. McKENNASection 25 of the German Nationality Law of 1913 provides that 931 a German loses his nationality on acquiring a foreign one, unless he is domiciled or permanently resident in Germany. In neither of such cases would he be granted naturalisation in the United Kingdom. There is further provision in the German law that he may retain his German nationality if he has obtained written permission to do so from his home State before acquiring a foreign nationality. No such case has come to my knowledge.
§ Sir J. D. REESMay I ask the right hon. Gentleman whether or not it is the case that a German subject can renounce his allegiance to Germany subject to reservation regarding his duty to Germany in case of her being in a state of war?
§ Mr. McKENNAI am not quite sure what the hon. Gentleman means by renouncing allegiance—whether he means the personal action of the Germans who applies for citizenship here or the relationship that hereafter exists between the German citizen and Germany. So far as the relationship between the German citizen and Germany goes, I have explained fully what is the law. As regards the personal action of the German who applies for citizenship here, no declaration of intention is taken from him at the time as he is bound to conform to the law, and I very much doubt whether any declaration of intention in the case of a person who intended to be a disloyal citizen would be of very much value.
§ Sir J. D. REESMay I ask whether, as a fact, the English law recognises any reservation in the renunciation by a German of his nationality on becoming naturalised?
§ Mr. McKENNANo, Sir, it recognises no reservation in the personal application of the individual, but it has no means of recognising or refusing to recognise the foreign law. For instance, a Russian who applies for naturalisation cannot, by Russian law, divest himself of his Russian nationality. Any German who applies for naturalisation does in almost every case divest himself of German nationality, but not in the case I have named in my answer to the question.
§ Sir J. D. REESBut in time of war?
§ Mr. McKENNANo, Sir, there is no special exemption under German law for duties in time of war. I have stated fully to the hon. Gentleman what the German law is on the subject.
§ Mr. SWIFT MacNEILLMay I ask the right hon. Gentleman, as there is some difficulty about this matter, is not the law clear that the question of the divesting of nationality or otherwise depends upon the Government and the country of which the naturalised alien is originally a subject?
§ Mr. McKENNAYes, that is what I was endeavouring to make clear to the House both yesterday and to-day.
§ Sir J. D. REESMay I ask the right hon. Gentleman—
§ Mr. DEPUTY-SPEAKER (Mr. Whitley)We must not debate the matter.