§ Mr. LuceI beg to move amendment No. 40, in page 20, line 10, at end insert—
'(2) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British Overseas citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the Secretary of State is satisfied —New clauses 1 and 2, which we debated yesterday, provided for the continuation of the effect of consular registration in the cases of those children born within five years of commencement whose connections are with the United Kingdom or the dependent territories. The amendment provides for those who, if they had been born and had their births registered before commencement, would, at commencement, have become British overseas citizens. British overseas citizenship is to be, in general, a non-transmissible status. But it seemed to the Government right that those who now have the avenue open to them of securing citizenship for their children through registration of the birth at a consulate should not be deprived of the opportunity of continuing to do so for a transitional period simply because the result of that registration would be that the child became a British overseas citizen.
- (a) that the requirement referred to in subsection (1)(a) of section (Right to registration as British citizen by virtue of father's citizenship etc.) are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purpose of this paragraph read as if—
- (i) any reference to becoming a British citizen were a reference to becoming a citizen of any of the following descriptions, namely a British citizen, a citizen of the British Dependent Territories and a British Overseas citizen; and
- (ii) the reference to remaining a British citizen throughout any period were a reference to being throughout that period a citizen of at least one of those descriptions (though not necessarily the same one) throughout that period; and
- (b) that if that person had been born before commencement and had become a citizen of the United Kingdom. and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a British Overseas citizen by virtue of section 23.'.
The amendment therefore adds a new subsection to clause 24, which provides for the very rare cases—I stress that point—of registration of minor children as British overseas citizens. The subsection provides for an entitlement to registration as British overseas citizens for persons born in foreign countries within five years of commencement if certain conditions are met. Application must be made within 12 months of the birth.
The requirements that have to be met by the child's father are as follows: he must have been a citizen of the United Kingdom and Colonies by descent before commencement who became at commencement a British citizen, a citizen of the British dependent territories, or a British overseas citizen, or would have done so but for his death. Having acquired one of those citizenships at commencement he must have retained it until the date of the application, unless in the meantime he has acquired 1007 one of the other two citizenships instead. He must, immediately before commencement, have been married to the child's mother and resident in a foreign country.
These requirements that have to be met by the father reproduce the broad effect of the current arrangements for consular registration. It is only available in the male line, the child must be legitimate, and it is only available in foreign countries. The result is to continue to make registration available to all those who at commencement could reasonably expect that their children would be able to acquire citizenship by consular registration.
Subsection (2)(b) sets out the criterion on which the child would be registered as a British overseas citizen. It is that, had he become a citizen of the United Kingdom and Colonies on consular registration before commencement, he would have become a British overseas citizen at commencement. He would have become a British overseas citizen and not a British citizen or a citizen of the British dependent territories, because he would have lacked a parental or grandparental connection with the United Kingdom or a dependency.
With that explanation, I commend the amendment to the House.
§ Amendment agreed to.