HC Deb 13 July 1948 vol 453 cc1151-2

(1) Any citizen of Eire who immediately before the commencement of this Act was also a British subject shall not by reason of anything contained in section one of this Act be deemed to have ceased to be a British subject if at any time he gives notice in writing to the Secretary of State claiming to remain a British subject on all or any of the following grounds that is to say,—

  1. (a) that he is or has been in Crown service under His Majesty's government in the United Kingdom;
  2. (b) that he is the holder of a British passport issued by His Majesty's government in the United Kingdom or the government of any colony, protectorate, United Kingdom 1152 mandated territory or United Kingdom trust territory;
  3. (c) that he has associations by way of descent, residence or otherwise with the United Kingdom or with any colony or protectorate or any such territory as aforesaid.

(2) A claim under the foregoing subsection may be made on behalf of a child who has not attained the age of sixteen years by any person who satisfies the Secretary of State that he is a parent or guardian of the child.

(3) If by any enactment for the time being in force in any country mentioned in subsection (3) of section one of this Act provision corresponding to the foregoing provisions of this section is made for enabling citizens of Eire to claim to remain British subjects, any person who by virtue of that enactment is a British subject shall be deemed also to be a British subject by virtue of this section.—[Mr. Ede.]

Brought up, and read the First time.

Mr. Ede

I beg to move, "That the Clause be read a Second time."

We had a discussion on this Clause on an earlier Amendment, when I think all the points raised in it were covered, and a Division took place. The Clause continues certain citizens of Eire as British subjects.

Mr. Foster

I think that there was one point which was not made. I do not think that anyone drew attention to the fact that an Eire citizen who applied to be a British subject would not be a British subject by virtue of citizenship, but would be in an anomalous class like British subjects without citizenship, because Eire citizenship would not be citizenship of the British Empire.

The Attorney-General

The hon. Member is quite right; for this transitional class of case that would be the position. The hon. Member will appreciate that if it were otherwise, if the person were given citizenship of the United Kingdom or Colonies, he would be able to transmit the British status, and it was intended to avoid that possibility.

Clause read a Second time, and added to the Bill.