HC Deb 24 November 1955 vol 546 cc1794-5
Mr. Turton

I beg to move, in page 2, line 17, at the end to add and any such Order in Council shall be disregarded for the purposes of paragraph (a) of the proviso to section four of the British Nationality Act, 1948 (which relates to the citizenship of the children of certain persons possessing immunity from suit and legal process). This is a purely drafting Amendment. Section 4 of the British Nationality Act, 1948, provides that every person born within the United Kingdom and Colonies after the commencement of the Act-1st January, 1949—with the exception of persons falling within two categories, shall be a citizen of the United Kingdom and Colonies by birth. One of the exceptions is the child born of a father who at the time of the child's birth possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to His Majesty, and is not a citizen of the United Kingdom and Colonies". The object of this Amendment is to ensure that this provision is not affected by the withdrawal of personal immunities from the father, whose immunities in his official capacity the Bill preserves.

It would appear that if certain personal immunities were withdrawn, although the official immunities were retained, it might be argued that in those circumstances a child became a British national, whereas the children of the other diplomats would remain of their own nationality. As that could be desired neither by this country nor by the foreign diplomat, we have put down this Amendment to correct that error.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

Bill reported, with an Amendment; as amended, considered; read the Third time and passed.