BRITISH NATIONALITY AND STATUS OF ALIENS BILL. [H.L.] (Hansard, 2 February 1943)

THE LORD CHANCELLOR (VISCOUNT SIMSON)
My Lords, I move that this Report be now received.

LORD BALFOUR OF BURLEIGH
My Lords, on the question of this Report being received, I want to refer for a moment to a question which was the subject of some difference of opinion between the noble and learned Viscount who sits on the Woolsack and myself on the day last week when we had this Bill before us. I think it is desirable that the facts should be before your Lordships. On that occasion I moved an Amendment to the effect that if a British-born woman who had married an alien so desired she could have her British nationality restored to her. I told your Lordships that in the Dominion of New Zealand legislation to that effect, or something like it, had been passed. Since last week I have had the good fortune to secure a copy of the actual legislation which was passed in New Zealand, and I want to 832 tell your Lordships what the facts are. A section of the New Zealand Act—which is a Nationality Act—after the first subsection, which embodies the British 1933 legislation on this subject, goes on in this way. There is a separate subsection which says: This section shall apply to every woman who at the time of her marriage to an alien, whether before or after the passing of this Act, was a British subject and who, by reason of her marriage, has acquired the nationality of her husband. That is the class of woman of which I was speaking.

THE LORD CHANCELLOR
Would my noble friend kindly read the last words again? I am not sure that I caught them correctly.

LORD BALFOUR OF BURLEIGH
The words were: "who, by reason of her marriage, has acquired the nationality of her husband." The next subsection is to the effect that any woman to whom this section applies may make a declaration in the prescribed form and manner that she desires to retain, while in New Zealand, the rights of a British subject, and thereupon she shall, within New Zealand, be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, duties and liabilities, to which a natural-born British subject is entitled or subject. That does not mention nationality. It gives the woman all the rights and privileges of British citizenship. I think that possibly the noble and learned Viscount who sits on the Woolsack will feel that he was understating it a little when he said that it was only provided that a British woman who was married to an alien could exercise certain civil rights in the Dominions. I think that the expression "exercising certain civil rights" hardly covers the ground so fully as the clause which I have read. Clearly it will be out of order to discuss the merits of this subject at this stage. Consequently having given your Lordships what I believe to be the correct facts, I give notice that I shall move an Amendment in the New Zealand form on the Third Reading.

THE LORD CHANCELLOR
My Lords, I am sure we must all admire the pertinacity of my noble friend. What he has really been saying is that the statement I made on the Second Reading of the Bill was correct, and that the im- 833 pression under which I am sure he then laboured was not correct. What he said on the Second Reading, in answer to my assertion that so far as possible we keep the subject of British nationality the same throughout the Empire, was that that was all nonsense, for in New Zealand a British woman who married an alien retained her British nationality. What he now says he said is that that there is legislation in New Zealand whereby a woman who marries an alien preserves her British nationality or "something like it." I understand him to say that he said that or "something like it," I do not recall the something like it.
Now my statement was entirely correct, and perhaps the simplest way of proving it is to put before the House two simple extracts. I have here the Report of the Imperial Conference of 1937 to which I alluded during the discussion on the Second Reading of the Bill. This is an Official Report, and it was agreed to by all the members of the Conference. I will read a single paragraph which appears on page:28 The Australian and New Zealand Delegations in opening the discussion called attention to the further legislation recently passed in the Commonwealth of Australia and New Zealand which does not affect the common status of British subjects, but under which a woman who prior her marriage was a British subject but ceased to be a British subject by reason of her marriage to an alien may retain within the Commonwealth of Australia or New Zealand respectively the political and other rights and liabilities of a British subject.' That is exactly what I said, and I called attention to the fact that it is not true and not correct to say that the New Zealand legislation would preserve for a British woman who married an alien the position of a British subject. The report of the Imperial Conference says in terms that that is not the effect of the legislation.
The other quotation which I wish to give your Lordships is from a speech made by the New Zealand Minister of Internal Affairs in the House of Representatives in New Zealand at the time when the measure which has been referred to was proposed. I suppose his view of what he was doing may still perhaps be treated as some guide. He said that these proposals did not confer upon such women the status of British subjects, but merely conferred certain rights which meant that during residence in New Zealand they could exercise their civil rights there as though they were British subjects. 834 I think my noble friend Lord Balfour of Burleigh thought that my phrase about exercising civil rights was rather economic of the facts, but it happens to be the exact phrase used by the Minister. As I have already informed my noble friend by letter, the distinction is perfectly obvious. The effect of the New Zealand legislation is to allow, for example, such a woman as this to vote in a New Zealand election. She was a British subject by birth, and she has married an alien, but nevertheless she is allowed to vote there. But there are many purposes for which she would not be in benefit from this legislation at all. If, for example, she needed the assistance of diplomatic representation to protect her property against some other country she would have no right to ask the British Foreign Office or the British Ambassador to undertake her case because she is not a British subject; she is an alien. Or, to give another example, if she found herself in a position where, unhappily, she was charged with treason, and if the question there was whether she was a British subject, the answer would he that she was not a British subject. That is precisely what I explained to the House on Second Reading. I think that the matter is now entirely plain, and I. hope that your Lordships will be prepared to receive the Report of the Committee.