HC Deb 27 October 1981 vol 10 cc782-3

Lords amendment: No. 27, in page 14, line 9, at end insert— (bb) he is a British citizen by virtue of registration under section 3(1) and either—

  1. his father or mother was a British citizen at the time of birth; or
  2. his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or"

Mr. Raison

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Speaker

With this we may discuss Lords amendment No. 49.

Mr. Raison

Under the Government's further proposals on descent, there could be children in the second generation born overseas who are born to British citizens by descent, neither of whom has the statutory connections with this country to give the child an entitlement to registration as a British citizen. In some cases, however, there could be good reason why they should be registered under the Secretary of State's discretion to register any minor child. And this could also happen with the third or even subsequent generations born overseas. Before registering children born overseas in the second and subsequent generations, regard would naturally be had to the strength of the child's likely connections with this country. It is important in this connection that in exercising this discretion the Secretary of State will take into account the special problems facing British business families on long-term service overseas.

It is important that this discretion should be fairly widely available. But registration at discretion under the Bill as drafted would give citizenship otherwise than by descent. This is because the use of the discretion has been envisaged as applying in general only to children whose future lies in this country. That has, however, now changed and this amendment ensures that where children are registered because of their descent from parents who are British citizens, they are registered as citizens by descent themselves.

In the case of children born after commencement, their parents will, of course, themselves be British citizens by descent. It would be illogical in this context to give the children a right to transmit which their parents do not have. It is of course also possible that some children will be registered who have been born before commencement to people who are citizens otherwise than by descent. There would be the children of United Kingdom born mothers who do not now inherit their mother's citizenship at birth, but whom it has been the practice to register since February 1979 unless there is a well-founded objection from the father. These children also should be citizens by descent, since had they had a father born here they would have been citizens by descent at birth, and it seems illogical that discretion being exercised in their favour should result in a more favourable status as far as passing on citizenship to the next generation.

The amendment is therefore necessary to ensure a logical citizenship scheme, as well as to make it easier to take a generous attitude to registration of children born in the second and subsequent generations overseas.

Amendment No. 49 is equivalent, for citizenship of the British dependent territories, to an earlier amendment agreed by this House to the scheme of British citizenship. It would mean that a child registered under the Home Secretary's power to register minors in clause 16(1) would be a citizen of the British dependent territories by descent, if his parents were themselves such citizens, or would have been so but for their death.

Question put and agreed to.

Lords amendment: No. 28, in page 14, line 25, leave out "(i) or (ii)"

Mr. Raison

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment is of a technical nature. It is intended to put right a minor omission in the construction of clause 13(1)(d).

Question put and agreed to.

Lords amendment disagreed to: No. 29, in page 14, line 25, at end insert— ( ) he is a British citizen by virtue of registration under section A; or"—[Mr. Whitelaw.]

Amendment made to the Bill in lieu thereof: In page 14, line 9, at end insert— (bbb) he is a British citizen by virtue of registration under section B; or'.—[Mr. Whitelaw.]

Lords amendment: No. 30, in page 14, line 34, after "descent"" insert by virtue of subsection (1)(b) or (c)

Mr. Raison

I beg to move, That this House doth agree with the Lords in the said amendment.

This is a technical drafting amendment which is designed to clarify the scope of the proviso to clause 13(1) in clause 13(2).

Question put and agreed to.

Lords amendments Nos. 31 and 32 agreed to.

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