HC Deb 15 May 1972 vol 837 cc29-30
37. Sir D. Walker-Smith

asked the Secretary of State for Foreign and Commonwealth Affairs whether he is aware of the difficulty and inconvenience caused in relation to passports by the British Nationality Act, 1948, to British subjects born overseas in former British dominions at a time when their fathers were serving in the British forces; and if he will initiate legislation to ease their position.

Mr. Kershaw

All British subjects applying for passports must produce evidence of their citizenship and it is not usually difficult to obtain satisfactory documents. I am always willing to examine any specific examples of difficulty that may be put to me.

Legislation on nationality matters is for my right hon. Friend the Home Secretary.

Sir D. Walker-Smith

My hon. Friend is aware of the difficulties of the specific case of my constituent which I referred to him and which he considered with his characteristic courtesy and helpfulness. Would it not be possible to suggest to my right hon. Friend the Home Secretary that the British Nationality Act could helpfully be amended simply by incorporating a provision giving British citizenship to people born in territories then comprised within the United Kingdom and colonies whose fathers were in the service of the Crown?

Mr. Kershaw

My right hon. and learned Friend will bear in mind that since 1st January, 1949, a child born overseas to a British Serviceman or other Crown servant who is himself a United Kingdom citizen automatically becomes a United Kingdom citizen. All that we are saying is that the father should prove who he is, because not all servants of the Crown hold United Kingdom citizenship.

Mr. Richard

Is the Under-Secretary aware that the Immigration Act of last year and, indeed, the very offensive concept of patriality which was introduced into the law by that Act causes much more difficulty and offence to British subjects trying to get into the United Kingdom than does the problem raised by the right hon. and learned Member for Hertfordshire, East (Sir D. Walker-Smith)? Is the hon. Gentleman further aware that in many countries, particularly in Africa and Asia, the Immigration Act and the concept of patriality which his Government introduced are regarded with very deep misgivings indeed?

Mr. Kershaw

As the hon. and learned Gentleman must know, the problem of patriality is a quite different question from that raised by my right hon. and learned Friend and is, I am thankful to say, a matter for my right hon. Friend the Home Secretary.