HC Deb 11 March 1976 vol 907 cc602-3
5. Sir J. Langford-Holt

asked the Secretary of State for the Home Department, as Her Majesty's Government have recently withdrawn passports from British citizens, whether he will now make a statement clarifying the right of British citizens resident in the United Kingdom to enter and leave the United Kingdom at will provided only that he or she can identify himself or herself.

Mr. Roy Jenkins

In accordance with Section 1(1) of the Immigration Act 1971, a person who has the right of abode in the United Kingdom may enter and leave the country without let or hindrance except such as may be required to enable that right to be established or which may be lawfully imposed on any person.

Sir J. Langford-Holt

I thank the Home Secretary for the Answer and for its clarity. Am I right in assuming that he accepts that the passport carries with it certain privileges but that it does not carry with it the right to enter or leave the United Kingdom, which is the privilege of every resident citizen of the United Kingdom?

Mr. Jenkins

I accept that. Removal of the passport is a matter for my right hon. Friend the Foreign Secretary, but I do not think that it is doubted that he has that right, because people who are returned to the country at public expense normally have their passports removed. The mere absence of a passport does not remove one's right to leave the country. It may make it more difficult to do so, but the right remains.

Mr. Beith

Since the Foreign Secretary considers it right to withdraw passports and to return them on the basis of an undertaking about what British citizens might do when they go abroad again, will the Home Secretary make clear that in the carrying out of their duties his staff will make clear to those who do not have passports for that reason that they will not be subjected to similar restraints and that these people will have their rights made clear to them?

Mr. Jenkins

Their rights are as I have set out. It is certainly the case that one has the right of entry without a passport provided one can establish one's identity. A British citizen in the full sense can leave the country without a passport provided he can get a carrier to take him. I was, for some reason not associated with the action of a Foreign Secretary, compelled to leave the country and re-enter it without a passport. It is more difficult to do so than with, but it is not impossible.

Mr. Arthur Lewis

I thank my right hon. Friend for his reply. The matter was not dealt with so fully yesterday by the Foreign Secretary. Will my right hon. Friend go further? Like him, I have both entered and left the country without a passport. There have been instances, however, when people have turned back home to get their passports mistakenly believing that they must have them. Is it not the case that, provided travellers can produce irrefutable evidence to satisfy the Customs officer, he is usually most helpful and kind and will permit them to enter or leave?

Mr. Jenkins

I thought that was broadly the case, and if anything the word "irrefutable" is a bit strong.

Sir Frederic Bennett

The Home Secretary twice mentioned people leaving the country without a passport. May I take it that he also includes, upon proof of identity, entry into the United Kingdom?

Mr. Jenkins

I understand that to be the case.

Mr. Marten

When we have to carry Europassports, will it be the Commission or the Council of Ministers which has the right to withdraw them?

Mr. Jenkins

I do not think that we shall have to have Europassports. I think that they will be complementary to other passports.