CLAUSE 24.—(Certificate in case of doubt.) (Hansard, 13 July 1948)

§ Mr. Emrys Roberts

I beg to move, in page 12, line 33, after "exists," to insert: whether on a question of fact or of law. Under Clause 24, the Secretary of State may, in such cases as he thinks fit on the application of any person, with respect to whose citizenship of the United Kingdom and Colonies a doubt exists, certify that that person is a British subject of the United Kingdom and Colonies; I believe that the view has been taken in the past that the certificate should be issued only where the doubt is one of fact. An intricate question of law may, 1148 however, be involved, and it might then be difficult to say whether the appropriate Nationality Act covers the point, and in order to give the Secretary of State the widest possible powers, I have moved this Amendment.

§ Mr. Ede

There is nothing in the Clause itself which would limit the powers of the Secretary of State in issuing a certificate, but in the past, as the hon. Member has just said, it has been the general, although not the invariable, custom of the Home Office not to deal with questions where the doubt is one of law. But there have been exceptional cases where it has been considered right to resolve a doubt in law by the issue of a doubt certificate. I think it is desirable that the Secretary of State should have that power which has been used only sparingly in the past and which, I imagine, will be used only sparingly in the future. If there is any doubt, however, I think that doubt should be cleared up, and I accordingly recommend the Committee to accept the Amendment.