ROYAL AIR FORCE (MR. PETER DERA) (Hansard, 21 October 1968)

§ Mr. William Hamilton (Fife, West)

Not for the first time in this House or in the other place this debate calls attention to the nationality rules for entry into the Armed Forces, in this case for entry to the Royal Air Force.

The rules apply to all those who seek to join the Armed Forces, except those who seek to enlist as other ranks in the Army. An applicant must satisfy the Service that he or she has always been a British citizen, and that both parents have been British, Commonwealth or Irish Republican citizens all their lives. In exceptional circumstances the Minister concerned may exercise his discretion, notwithstanding the fact that an applicant does not meet those conditions. The rules have applied also for many years to civil servants who are employed in certain Government Departments.

I am grateful to my hon. Friend the Minister for supplying me with copies of all the Parliamentary references in the last few years to the nationality rules. It is clear from those references that the reasons for the existence of the rules are: first, the need to safeguard national security; second, the need to offer all Servicemen unrestricted career opportunities; and, third, the need to protect 1049 relatives from pressures that might be exercised on them, especially if they live behind the Iron Curtain. That is briefly the background; I think I have it right, but my hon. Friend will correct me if I am wrong.

I now come to the particular case with which I am concerned. Peter Dera is an 18-year-old toolmaker apprentice in Glenrothes, in Fife. A great part of his spare time is spent in the local Air Training Corps, in which he holds the rank of sergeant. He is mad keen to join the Royal Air Force. In fact, he applied before he was 17, and was politely thanked for his enthusiasm and asked to apply when he was of age. He eventually had an interview in Edinburgh on 30th November, 1967. Not until 23rd August, 1968, did he receive notification of rejection. That was nine months for the Department to say, "No."

This was an inexcusable delay in the Department and my anger was not allayed when my hon. Friend wrote to say that, unfortunately, the papers had been mislaid. I had written to the Minister of Defence on 261h August and my hon. Friend the Under-Secretary of State for the Royal Air Force replied on 6th September. He also said something of which I was not aware, that Mr. Dera …was warned in November, 1967, that his prospects of entry were poor. I was handed all the correspondence by Mr. Dera, senior, and there is no reference in any of it to the fact that his prospects of entry were poor, unless it is that the implied warning was the nationality rules, a copy of which he was given when he applied. It certainly was not spelled out in any letter which the man received.

In his letter of 6th September, my hon. Friend explained the history and purposes of the nationality rules and pointed out that difficulties can arise when the recruit has a foreign born naturalised parent, for relatives, particularly behind the Iron Curtain, might be subject to pressure. Peter Dera's father was Polish born, although he has been in the United Kingdom for nearly 25 years, 15 of them as a naturalised 1050 Briton. I went to see them and found them good, solid, respectable British citizens. It is true that the parents of Mr. Dera senior are still in Poland, but He has not been in touch with them for many years, and they are, anyway, now in their seventies. He also has a brother and sister in Poland, but in that case, also, there has been no correspondence for several years. It is Mr. Dera senior's opinion that it is extremely unlikely that pressures would be brought to bear on these relatives if his son joined the Air Force.

That letter of 6th September made me extremely angry and I wrote to my hon. Friend again while my blood was boiling. I can see the need to safeguard national security, but it gets to the point of absurdity when anyone can become Prime Minister even if his father were a Russian and his mother a Hottentot—he can become a Minister, but not "A/c Plonk". In any event, the recent threats to national security have come in the main from those of British birth with British parents and often with a public school education. Can my hon. Friend cite a single case in the years since the war in which pressure has been exerted on relatives in Poland or elsewhere and has been responsible for either a defection or a military betrayal?

When I was investigating this case, another case was brought to my attention which underlines the absurdity of the rules. I have been requested not to mention names lest the boy be victimised, but he, too, was the son of a Polish father. He tried to join the R.A.F., but came up against the same barrier of the nationality rule. My information is that he got over that barrier by the simple device of changing his name, by deed poll, for a few shillings, to his mother's maiden name. He went back to the same recruiting office and was accepted into the Force without any trouble. No nationality questions have been raised with the boy since that date.

Another case which was quoted in a daily newspaper of 29th September was of a young man who held a private flying licence, having won an R.A.F. flying scholarship. Although short-listed for the R.A.F. College at Cranwell, he has been rejected because his father was born Polish.

1051 How much longer is this kind of thing to go on? We have heard many tributes to the part which the Poles played in our war effort in the war years. I wonder whether these boys could bring an action within the terms of the Race Relations Act. The first part of that Measure makes it clear that if there is discrimination on the ground of colour, race or ethnic or national origin in seeking employment, an action may lie. It is not as if recruits were queueing up to join the Forces. On the contrary, there is a shortfall which must be worrying defence Ministers.

This, I think, is the first occasion—probably a unique occasion in the House—for me on which I have been campaigning actively to get someone into the forces. Very often it is the other way round. I do so because I feel very strongly that Peter Dera has been unfairly dealt with and that the Minister has not used his discretionary powers in the liberal way which I had expected.

I have been in communication with the boy's parents in the last few days. Depending on the Minister's reply tonight they have asked me to refer the case to the Parliamentary Commissioner, and that I will do in due course.

§ The Under-Secretary of State for Defence for the Royal Air Force (Mr. Merlyn Rees)

As my hon. Friend the Member for Fife, West (Mr. William Hamilton) clearly outlined, we are debating the case of Peter Dera the British-born son of a Polish father. It has not been found possible to allow Peter to join the Royal Air Force.

I cannot deal with individual cases without reference to the general policy framework, but behind the important issues of principle is a very personal story. I am always very conscious of that. I shall, therefore, try to deal with the whole problem as fully as I can, although hon. Members will understand, I hope, that there are some areas in which security considerations exist and in which I cannot be as explicit as I might otherwise wish to be.

The entry rules for the Armed Services, like those of the Civil Service, have for many years laid down certain conditions regarding an applicant's nationality and that of his parents. Some 1052 such rules are clearly necessary in the interests of security. The actual extent of the rules and the manner in which they are published has varied from time to time in the light of the experience gained in their application and the changing context in which they operate. The rules apply to every foreign nationality, and not simply, as happens to be the case with Peter Dera, to applicants with a parent of Polish origin, although there are some special difficulties when one of the parents happens to have come from behind the Iron Curtain.

The rules currently governing all forms of entry to the Royal Air Force—the Service for which I am responsible—were adopted in 1965 and are modelled on those made by the Civil Service Commissioners under the Civil Service Order in Council as they apply to civilian employees of, for example, the Ministry of Defence.

The same rules apply to the Royal Navy and the Army, though it is possible to join the Army in the non-commissioned ranks without being subject to the rules. This is because the Army can offer a full career in those ranks without access to classified information.

In brief, a candidate for entry into the R.A.F. must satisfy the Service authorities that both he and his parents were born in a Commonwealth country or the Irish Republic and have been British subjects, or citizens of the Irish Republic, since birth. In adopting these rules, we were careful to consider not only the requirements of the Services, but also the best interests of the individual who is looking for a career in the Services.

It is clear that if a man is to have a full career in the R.A.F. he will almost certainly at some time or other need to have access to highly classified information. Because of this, he will need to be subject to security inquiries. When recruits go to recruiting centres they are made aware of the implications of positive vetting. As we know, people of foreign birth or parentage who still have relatives living behind the Iron Curtain are at risk of having pressures brought to bear on them through these relations. I am not saying that this will happen, but we simply cannot, in the light of all our knowledge, ignore the possibility that it might.

1053 My hon. Friend made play with what he knew of those who had been found guilty of espionage and with the schools which they had attended. I listened to what he said, but I cannot make available any information which we have concerning the matter under discussion. I can only add that we are speaking of something that can happen. For this reason, people subject to the pressure I have described cannot normally be given access to highly classified information. As a result, there are only limited areas in the R.A.F. where they can be employed, and it is not possible to offer them the prospect of a full and satisfactory career. This is not just a question of someone dealing with classified information. People serving on a R.A.F. station doing what one might call the most menial of jobs, will be mixing with others who have access to classified information.

Thus, the rules are clear and the reasons for adopting them reflect a proper concern for the future career prospects of the candidate and, at the same time, a proper concern for the security of the State. The rules are published in our literature and when a young man goes to a recruiting centre he is provided with the information relating to the nationality rules. In addition, the rules are explained to potential entrants at our recruiting offices, where possible nationality cases are identified. Every candidate must make a statement about his nationality and that of his parents.

This brings me to the remarks of my hon. Friend about a boy who changed his name. He would have had to give information about his parents on the form which he would have been required to complete. In fact, his change of name would not have made the slightest difference. It is not enough to change one's name to get into the Services. My hon. Friend properly did not reveal the identity of the boy, but I suspect, hem what I know about the matter, that this young man was made aware of the nationality rules, went away and later, after deciding to change his name, filled in the form. I suspect that a waiver to the nationality rules would have been exercised in any case, so that in this case the young man wasted a few shillings on changing his name.

1054 If, when potential entrants go to recruiting centres, anything relevant to the nationality rules is shown up, they are asked to make a more detailed statement. Birth certificates, passports and naturalisation papers, if they have them, are examined at that stage and appropriate inquiries are then made. These steps are necessary because, as I have explained, there is provision for the rules to be waived, on the authority of the Secretary of State, where exceptional circumstances exist.

My hon. Friend mentioned another case. I should make it clear that one can investigate a case of whether a young man or woman is to be subject to the nationality rules only when that person has actually applied to join the R.A.F. or other Service. One cannot make a guess some years before on what might happen; it is only when the actual application is made that one can look into the circumstances.

It is possible to cater for the kind of situation which arises when the failure to satisfy the rules is a purely technical one, for example, where a child of British parents is born abroad, perhaps to a Service family during a spell of overseas duty. This is relatively clear cut, but under the nationality rules. In addition, the dispensing power enables us—in the case of the Royal Air Force, enables me—to look at less clear-cut cases, particularly of the kind where the possibility exists of pressures of the kind I have referred to earlier. I repeat that these cases are looked at individually and in detail, and wherever a careful, but none the less sympathetic examination of all the factors leads to the conclusion that exceptional circumstances do exist, the waiver is exercised.

There is nothing rigid in our attitude to the operation of these rules. Still less do we wish to discriminate blindly against children whose parents are of Polish origin, recognising, as we must, that many of these parents have in their time fought bravely in or alongside our own forces. I served on R.A.F. stations with Polish squadrons during the war. I personally served in Italy, and know the bravery of Polish airmen at Casino. I recently met members of the Polish Air Force Association—brave men who fought for this country, and for their own country as well, in the last war.

1055 In fact, nearly half of the cases which the Royal Air Force has had during the last year where the nationality rules had to be invoked because one parent was born in Poland, as in Peter Dera's family, it has been found possible to waive the rules. When we have waived the rules and accepted an application, it means that we are satisfied that we can provide the applicant with a full and useful career in the Service, limited solely by his ability.

Even when we have to decide, often with some reluctance, that there are no exceptional circumstances, or that a potential risk to security exists which is not acceptable, I must emphasise that this decision must not in any way be taken as casting any reflection on the individual character of the applicant or, indeed, of his parents. This is the case now of Mr. and Mrs. Dera. My hon. Friend has spoken to me about the parents, and I accept fully what he says. It is not the case that anyone has said that this young man has committed any security crime. It is simply that he fits into the nationality rules. I know that it is difficult, and something which, if I were in the same position, I might feel strongly in exactly the same way, but there is no individual reflection on these good people.

How, then, do all these general considerations affect the case of Peter Dera? Peter was born in Britain and has a British mother. His father was born in Poland, and there are close relatives still living in that country. Therefore, Peter was ineligible to join the R.A.F. unless exceptional circumstances were judged to exist which would justify the exercise of the Secretary of State's power of waiver.

There has never been any doubt about Peter's keenness to join the Service. He has been, for example, a member of the Air Cadets for some years. We do not apply the nationality rules to membership of the Air Training Corps. The A.T.C. is not a recruiting body for the R.A.F. It has a much wider rôle in training youth in leadership and citizenship.

We naturally hope that a large number of boys will be attracted to the Service through their experiences in the A.T.C. but, as I have said, we do not insist on applying the nationality rules to its mem- 1056 bers. We do, however, take care to warn boys who join the Corps that entry will not guarantee their subsequent eligibility for the Royal Air Force. Much the same considerations apply to the award of flying scholarships or special flying awards, and I am sure that our policy in these matters is the right one. These rules can only be properly applied to those who wish to make the Service their career, and who actually apply. One cannot make a hypothetical estimate of whether a young man or woman can join.

As I have said, Peter Dera was a keen A.T.C. member, and he applied to join the Royal Air Force as a craft apprentice in January, 1966. In the event, Peter did not do sufficiently well in the selection tests to qualify for an apprenticeship, and it proved unnecessary to resolve the question of whether the nationality rules should be waived. He was not up to standard.

This setback did nothing to deter him, however, and in October, 1967, he again applied, this time for adult entry where standards are different. The nationality question had now to be resolved. Peter Dera was clearly ineligible under the rules unless an exception could be made and a special waiver granted on behalf of the Secretary of State. He was told by the officer in Edinburgh who was dealing with this application, that the rules were there, they were strictly applied, and his chances of entry into the R.A.F. were poor; but his papers were sent to the Ministry of Defence for the individual consideration which every case merits and gets.

Peter Dera's papers were most unfortunately delayed through being mislaid during a reorganisation in the section concerned with this work. I have already written to my hon. Friend about this. It was inexcusable and unfortunate that if anything were to go wrong, it should go wrong in this case.

Of course, there turned out to be factors pointing in different directions. This is of the very nature of nationality rule cases. Where, for example, a parent comes from an Iron Curtain country, the extent of the present connection between the family in England and relatives on the other side—and thus the extent of the danger of potential pressure—can cover the whole spectrum from overwhelming to non-existent. This may 1057 have to be set against some previous parental service to the Crown, but again the importance of this can vary from very great to negligible.

It is against this sort of background that I must set the applicant with his personal merits and otherwise and the extent of the Royal Air Force's need for his services. Ultimately, I must decide out of all this whether the circumstances are sufficiently exceptional to justify ale use of the power of waiver. After duly weighing up all these factors in Peter Dera's case, it was decided that it could not be regarded as meriting exceptional treatment. I have reviewed this case again, but, conscious as I am of the great disappointment it must be to this young man and to his parents, and reluctant as I am to discourage any keen young recruit, I can see no reason to alter that decision.

As I have said—I hope that hon. Members will accept this—I am always acutely conscious of the effect on the individual of decisions like the one I have had to make in Peter Dera's case, but I must emphasise the other side of the coin. There will always exist, in these difficult and borderline cases a degree of conflict between the needs of the State and a desire to do justice to the individual.

My hon. Friend also referred to race relations. I remind him of what my right hon. Friend the Home Secretary 1058 said on the Second Reading of the Race Relations Bill: The Crown will retain discretion in the case of those engaged on secret work particularly those concerned with defence. The Crown will also retain discretion to apply nationality rules to employment in the Civil Service, the Armed Forces, and the Diplomatice Service. This is provided for in subsection (6) of Clause 25. The United Nations Handbook on Civil Service Law and Practices points out that most countries have rules of this sort. In essence, they provide that established recruits to the public service must be British citizens. They are not discriminatory in the racial sense." —[OFFICIAL REPORT, 23rd April, 1968; Vol. 763, c. 61.] I remind the House of the statement of the conference of Privy Councillors on security in 1956, which said that the practice in such situations of tilting the balance in favour of offering greater protection to the security of the State is the right one. This is as true today as it was then. My hon. Friend, again true to his concern, states that he will put this matter to the Parliamentary Commissioner. There is nothing I can do about that. It is not for me to decide whether it should go to him. I can assure my hon. Friend that I have given this matter a great deal of consideration. I am not conscious of maladministration in the light of the nationality rules. I regret that I cannot change my decision in this case, as much as I personally would like to do so.