RIGHT TO REGISTRATION REPLACING RIGHT TO RESUME CITIZENSHIP OF UNITED KINGDOM AND COLONIES

HC Deb 27 October 1981 vol 10 cc767-8

Lords amendment: No. 23, in page 11, line 11, at end insert— (1A) On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—

1. has an appropriate qualifying connection with the United Kingdom; or
2. if a woman, has been married to a person who has, or would if living have, such a connection."

Mr. Raison

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

Mr. Deputy Speaker

With this we may take Lords amendments Nos. 24, 47 and 48.

Mr. Raison

Amendments Nos. 23 and 24 add to clause 9 a discretionary provision enabling a person who renounced citizenship of the United Kingdom and Colonies for whatever reason to resume British citizenship at discretion, provided that he has an appropriate qualifying connection with the United Kingdom.

As drafted, clause 9—like the current provision in section 1(1) of the British Nationality Act 1964 which it replaces—confers an entitlement to British citizenship only on those with the relevant qualifying connections with the United Kingdom who renounced citizenship of the United Kingdom and Colonies in order to acquire another Commonwealth citizenship. However, it was put to us both in this House and in another place that there could be people who renounced for other reasons than that they had to acquire another Commonwealth citizenship and who might wish to resume British citizenship. The Government accept that such cases deserve sympathetic consideration. We have therefore added to clause 9 the discretionary power to deal with cases of people who have an appropriate qualifying connection but do not meet the criteria for the entitlement.

I should point out that the permanent provisions for resumption by people who renounced British citizenship—to be found in clause 12—already contain, at subsection (3), a discretionary power of this kind. All we are really doing therefore is bringing the two provisions into line.

We are also asking the House to agree with the Lords amendments Nos. 47 and 48, which are the equivalent for the British dependent territories of those to which I have already spoken.

Question put and agreed to.

Lords amendment No. 24 agreed to.