HC Deb 08 May 1950 vol 475 cc27-9
51. Mr. Teeling

asked the Secretary of State for Foreign Affairs what United Kingdom officials have the right abroad to withdraw a British passport from a British subject and on what authority; who is enabled by his regulations to claim a British passport and who can be refused if a British subject by birth or by Act of Parliament; and what instructions on this question are given to the relevant British officials abroad.

Mr. Ernest Davies

As the answer is lengthy, I will, with permission, circulate it in the OFFICIAL REPORT.

Mr. Teeling

Is the Minister aware that the Lord Chancellor, in another place, in a Debate on Sir Oswald Mosley's passport, said it was the right of a British subject? Can he say whether, in the answer he is circulating, he is stating that it is the right of a British subject or not?

Mr. Davies

I must ask the hon. Gentle-to study the lengthy reply in HANSARD. It is a very technical and legal matter. If he wishes for further information he can approach my Department.

Following is the reply:

Outside the United Kingdom passports are issued by His Majesty's diplomatic representatives, consuls-general and consuls, and, in countries of the Commonwealth, by the High Commissioners of the United Kingdom. Under the General Instructions for His Majesty's Foreign Service, issued under the authority of the Secretary of State for Foreign Affairs, a United Kingdom passport must be impounded whenever there is good reason to believe that the holder is in wrongful possession of the passport. Foreign service officers may also be instructed from time to time to impound any specific passport which may come into their hands and which in the judgment of the Secretary of State it is desirable to impound. The authority in both cases is the Royal Prerogative exercised through the Secretary of State for Foreign Affairs.

Any person who is a British subject, citizen of the United Kingdom and Colonies, or a British subject without citizenship, or a British protected person may apply for a United Kingdom passport, but as no one has a legal right to a passport, this facility may be withheld at the discretion of the Secretary of State for Foreign Affairs. Foreign service officers, are, however, instructed that, provided the applicant establishes citizenship of the United Kingdom and Colonies, very strong grounds would be required to justify the refusal of a passport; and in no case should a person whose claim to such citizenship is not in doubt definitely be refused a passport, or alternative form of United Kingdom travel document, without previous reference to the Foreign Office, who will decide whether the application should in the circumstances be refused.

It follows that passports are not withheld from British subjects abroad except on the most substantial grounds and in no circumstances may a British subject, citizen of the United Kingdom and Colonies, be denied a travel document to enable him to return to the United Kingdom.

Where a travel document is required for a direct journey to the United Kingdom or other part of His Majesty's Dominions and the foreign service officer is of the opinion that the case is not one in which a regular passport should be issued or is not fully satisfied by the evidence of nationality produced, he may, under his standing instructions, issue a special form of travel document known as an Emergency Certificate.