MEANING OF CITIZEN OF THE BRITISH DEPENDENT TERRITORIES BY DESCENT" (Hansard, 3 June 1981)

§ Mr. Luce
With the agreement of the House, may we take amendments Nos. 38 and 39 together, as they are closely linked?

§ Mr. Speaker
Yes. It seems to be the will of the House.

§ Mr. Luce
I beg to move amendment No. 38, in page 19, line 25, after '20(1)(b)', insert 'only'.

§ Mr. Luce
These amendments extend and clarify the categories of citizens of the British dependent territories who are to be citizens by descent.
They are essentially aimed at making various improvements to the clause which are needed if it is to work equitably. Amendment No. 38 modifies subsection (1)(c). This provision ensures that people who become citizens of the British dependent territories through a parental or grandparental connection with a dependency are citizens of the British dependent territories by descent. However, it is possible that someone who acquires citizenship of the British dependent territories under clause 20(1)(b) through a parental or grandparental connection with a dependency might acquire citizenship of the British dependent territories on commencement under another provision of clause 20. In particular, it is possible that, say, a citizen of an independent Commonwealth country who has a mother born in a dependency might have been registered as a citizen of the United Kingdom and Colonies in a dependency under section 7 of the British Nationality Act 1948. Such a person would, on commencement, have a claim to citizenship of the British dependent territories both under clause 20(1)(b)—because he was a citizen of the United Kingdom and Colonies with a parent born in 1005 a dependency—and also under clause 20(1)(a)—because he was a citizen of the United Kingdom and Colonies through his registration in a dependency.
Now we believe that someone who has a tie with a dependency through a parent but was also registered there should not be a citizen by descent, so this amendment ensures that people who become citizens of the British dependent territories under clause 20(1)(b) of the Bill are to be citizens by descent only if that is their only route to citizenship of the British dependent territories.
Amendment No. 39 defines three groups of people who we believe should be British citizens by descent. The first two sections of the amendment deal with people who renounce citizenship and then resume; they seek to ensure that such people are no better placed in terms of transmitting citizenship than they were before they renounced.
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The new subsection (1)(e) covers a person who has renounced citizenship of the United Kingdom and Colonies before commencement and is then registered as a citizen of the British dependent territories under clause 19; such a person is to be a citizen of the British dependent territories by descent, if that is the status that he would have gained, on commencement, had he not renounced before then. The next subsection, (1)(f), covers someone who has renounced citizenship of the British dependent territories after commencement and who then resumes that citizenship under the provision of clause 11 as they are applied to citizenship of the British dependent territories in clause 21. If such a person was a citizen by descent when he renounced, he will be a citizen by descent when he resumes.
The final part of amendment No. 39 covers a person who was horn in the United Kingdom after commencement to a parent who is a citizen of the British dependent territories and who would otherwise be stateless. Under paragraph 1 of schedule 2 to the Bill, a child born in these circumstances automatically becomes a citizen of the British dependent territories. Now the parent of such a child must, by definition, be a citizen of the British dependent territories by descent. Otherwise he or she would be able to transmit their citizenship to the child born here and there would be no risk of the child becoming stateless. So it is only appropriate that the child should also be a citizen by descent.
These amendments are all necessary to correct unacceptable anomalies which could affect the working of this clause. I commend them to the House.