CLAUSE 19.—(Deprivation.) (Hansard, 13 July 1948)

§ Major Legge-Bourke (Isle of Ely)
I should like to ask the Home Secretary one question on this Clause: how does it affect the Russian wives at the moment? I think I am right in saying that at present those Russian wives are British subjects. Under Subsection (4): The Secretary of State may by order deprive any person naturalised in the United Kingdom and Colonies of his citizenship of the United Kingdom and Colonies if he is satisfied that that person has been ordinarily resident in foreign countries for a continuous period of seven years. I want to be quite clear whether the fact that those wives are at the moment in Russia and prevented from coming here renders this Clause non-applicable to them. If it does not, we should know from the Home Secretary whether or not, in the event of those wives not being got back to their husbands in this country before seven years have elapsed, he proposes to exercise this provision so that it does affect them. I should be grateful if he could clarify the matter.

§ Mr. Ede
In the first place, I should like to thank the hon. and gallant Member for assuming that I shall be here for another seven years. It is a faith I hold myself; but I have sometimes observed doubts with regard to it on the other side of the Committee. I do not think that this Clause applies to the Russian wives at all. In any event, it would be governed by Subsection (5). I shall have to be satisfied that it is not conducive to the public good that the person should continue to be a British subject. The provision is not aimed at that kind of case at all. It is aimed at the case of a person who has, in one way or another, gained British nationality, become a British subject, and then resides abroad and there is reason to suspect that not only has all his interest in this country ceased, but he may even be using the fact that he is a British subject to the detriment of this country in the country where he is residing or in countries with which he can get into contact from that country. It is not aimed at dealing with wives who have become separated from their husbands for one reason or another, and I should not regard any Secretary of State as being able to deal with the problem of Russian wives under this Clause by way of depriving those wives of British nationality while they desire to retain it.

§ Major Legge-Bourke
There is one other aspect with which the right hon. Gentleman has not dealt. Under Subsection (3, c) it is possible that, if within five years of becoming naturalised, a person has been sentenced in any country to a term of imprisonment of not less than twelve months, the Home Secretary can apply this Clause.

§ The Attorney-General
The hon. and gallant Member will appreciate that a woman who marries a British subject becomes a British subject by operation of law and not by naturalisation. This Clause has no application to such a case.

§ Mr. Foster
I should like to ask a question about this Clause. In Subsection (1) the Home Secretary can deprive of United Kingdom citizenship somebody who has become a United Kingdom citizen by registration under Clause it (6). If that citizenship is removed, will a person who is potentially a citizen of another Commonwealth country under 1145 Clause 12, remain a British subject? I will put it another way. Under Clause 12 somebody is potentially a citizen of another part of the Commonwealth. Until he becomes a citizen of that part, he is a British subject without the citizenship standing of a British subject. As I understand it he can under Clause 11 (6), apply to the Home Secretary for registration and under Clause 19 he can have it cancelled. Does he remain a British subject?