REGISTRATION BY VIRTUE OF MARRIAGE (Hansard, 3 June 1981)

§ Mr. Luce

I beg to move amendment No. 36, in page 16, line 6, at end insert— '(3) On an application for her registration as a citizen of the British Dependent Territories made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and
(b) that man either—

(i) became a citizen of the British Dependent Territories at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or
(ii) would have became a citizen of the British Dependent Territories at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation. '.

This amendment is the equivalent, for citizenship of the British dependent territories of an earlier amendment to clause 7(2).

1004 It provides the Secretary of State with a discretionary power to register as citizens of the British dependent territories the wives of those who have renounced their citizenship. As currently drafted, clause 18 makes no provision for such women: the entitlement in clause 18(1) is of no benefit to them since that requires that the husband should both have become a citizen of the British dependent territories at commencement and not have renounced his citizenship between commencement and the date of application; nor is the discretionary power in clause 18(2) of any help here, since, although that does not exclude cases of renunciation, it applies only to women whose marriages have been dissolved.

As my hon. Friend explained briefly, shortly before 9 pm, the number of cases in which it would be appropriate to register the wife of a man who had renounced citizenship are likely to be small. However, there may be deserving cases, and it has, therefore, been decided that a discretionary power should be made available to deal with them. It seems only reasonable that such a power should be provided not only in the case of British citizenship but also in the case of citizenship of the British dependent territories.