§ LORD BROCKWAYMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government what pressure has been brought on foreign Governments and airlines not to accept British citizens holding British passports travelling to Britain from East Africa.]
§ THE MINISTER OF STATE, HOME OFFICE (LORD WINDLESHAM)My Lords, all possible steps are taken, in co-operation with airlines and foreign Governments, to prevent United Kingdom passport holders who are subject to immigration control from coming to this country for settlement without the proper documents.
§ LORD BROCKWAYMy Lords, is this not an extraordinary extension of Government authority over British citizens and British passport holders, in that not only are they not allowed into this country but pressures are now exerted on airlines and foreign countries not to receive them? Is that not an amazing development of British authority over British citizens and passport holders?
§ LORD WINDLESHAMMy Lords, admission for settlement to this country of the United Kingdom passport holders in East Africa who were brought under control in the Commonwealth Immigrants Act 1968 is regulated by a system of special vouchers, and only those with vouchers and their dependants are entitled to come for permanent settlement. Discussions have been held with airline representatives in London and in East 798 Africa, and letters have been sent by the Home Office to the airlines and to sea carriers pointing out the trouble and distress caused to passengers without documents entitling them to settlement who are brought to this country and then refused admission.
§ LORD BROCKWAYMy Lords, is the noble Lord aware that I have in my hand a copy of a letter from one of the leading airlines protesting against the action of the British Government in this sphere, reporting that they had been called to the Home Office and pressure exerted, and that they have protested, arguing that the company was not legally in a position to enforce these instructions and urging strongly that these measures concerned rather the relations between Governments? Is it not quite a new extension of British authority over airlines and other Governments in the case of British citizens?
§ LORD WINDLESHAMMy Lords, I would refer the noble Lord to the powers contained in paragraph 3 of Schedule 1 to the Commonwealth Immigrants Act 1962.
§ LORD GLADWYNMy Lords, would not the Government admit that in treating these unfortunate people as they do they are regarding them, in a way, as second-class subjects?
§ LORD WINDLESHAMMy Lords, I do not want to be drawn into a general debate on the subject of Commonwealth immigration, but this was the effect of the Commonwealth Immigrants Act 1968, to place United Kingdom passport holders in the special position in which they now are. We would not accept that they are second-class citizens, but the right of entry is limited by that Statute.
§ LORD GLADWYNMy Lords, it is not at all. There are no such people as British citizens; they are British subjects.
§ LORD WINDLESHAMMy Lords, they are British subjects and holders of United Kingdom passports.
§ LORD BYERSMy Lords, should not this matter be looked at again? I believe that this is embarking on a very slippery slope indeed, and that it requires much more consideration.
§ LORD SHEPHERDMy Lords, while recognising this to be a difficult subject, and one which confronted the previous Government, too, may I ask whether the noble Lord can give any indication of when the Government's Statement on Commonwealth immigration is likely to be made? Clearly the sooner the contents of that Statement are known, the better position we shall be in to consider the difficult situation in which the airlines and the authorities now find themselves.
§ LORD WINDLESHAMYes, my Lords; the general issues of immigration control are now under review by the Government. Legislation is promised in this Session, but it would not be right to try to forecast now what will be the content of that legislation.
VISCOUNT ST. DAVIDSMy Lords, can the noble Lord tell us why the passports of these particular gentlemen are stamped with the letter "D"? Does the letter "D" stand for anything? Does it possibly stand for "dud"?
§ LORD WINDLESHAMMy Lords, I cannot answer that point without notice.
§ LORD SHEPHERDMy Lords, I did not ask the noble Lord what would be the content of the Government's proposals. I asked when we can expect a Statement to be made.
§ LORD WINDLESHAMMy Lords, the answer is as I gave it. I cannot anticipate either the content or the timing of the Statement.
§ LORD BROCKWAYMy Lords, I am sorry to press this matter, but may I come back to my original Question and ask the noble Lord if it is not worth the consideration of those who are interested in constitutional issues whether Her Majesty's Government, while having the right to limit people coming to this country, should also have the right to press airlines and foreign Governments not to admit those British subjects? A big constitutional issue is at stake here.
§ LORD WINDLESHAMMy Lords, the powers are contained in the 1962 Commonwealth Immigrants Act. The general arguments which have been advanced by the noble Lord are well known to my right honourable friend. He has received 800 representations, as the noble Lord knows, and so have I, from a large number of representative organisations on this point. I think he can be quite sure that we are aware of these considerations and are taking them into account in framing a general policy towards the control of immigration from the Commonwealth.
§ LORD ALPORTMy Lords, is my noble friend aware that the administration of this Act, by the British representatives in East Africa, and particularly in Kenya, has been carried out with great good sense and with a great relevance to the exact conditions in which the British subjects holding British passports in East Africa are subjected to at the present moment? Is he also aware that the simplification which the noble Lord opposite tends to make of the problem is, in fact, not relevant to the exact position of these people in East Africa at the present time?
§ LORD WINDLESHAMMy Lords, I am glad to hear that from the noble Lord. His own first-hand recent experience is very relevant here. The members of the British High Commission's staff have an extremely difficult task, and I should like to say, from these Benches, that we regard the way in which it is being carried out as fair and admirable, as my noble friend has so described it.