HL Deb 13 April 1983 vol 441 cc182-4

2.42 p.m.

Lord Paget of Northampton

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they have considered, in the light of the Lancaster House Agreement, the Government of Zimbabwe's proposal to abolish dual nationality and to remove British passports from those of her citizens who are entitled to them, and whether they will inform the Government of Zimbabwe that British citizenship, in all its various forms, cannot be taken away from any individual anywhere other than by Her Majesty's Government in accordance with due process of law, and that any British passports confiscated by another state will be replaced automatically on application to the nearest British Consulate.

The Parliamentary Under-Secretary of State, Home Office (Lord Elton)

My Lords, Her Majesty's Government are aware of the legislation now awaiting presidential assent in Harare. This does constitute an amendment to the constitution agreed at Lancaster House but it was passed by both Houses in accordance with the provisions of the Lancaster House agreement for amendments to the constitution. I can, however, confirm that the right to British citizenship, once properly acquired, cannot be removed from any individual without his expressed consent. This is fully understood by the Government of Zimbabwe.

Lord Paget of Northampton

My Lords, may I put two questions? First, may I thank the noble Lord for the assurance in the second part of his reply, which I think will give great relief in Rhodesia. Secondly, as to the general conduct in Zimbabwe about which we have been hearing, may I remind the noble Lord—

Noble Lords

No.

Lord Paget of Northampton

May I ask the noble Lord whether he is aware of a quotation made by the noble and learned Lord, Lord Simon, recalling the words of a celebrated conductor who was addressing the second flautist. The quotation was to this effect: "Once, twice, your damned nonsense I up with put, but sometimes always, by God never!"

Lord Elton

My Lords, I do not think that I can follow either the musical or the syntactical idiosyncracies of what the noble Lord seeks to remind me of, but I am glad that he is reassured by the answer I gave him.

Lord Paget of Northampton

My Lords, it means simply that we have had about enough of Zimbabwe.

Lord Brockway

My Lords, may I ask the Minister, while I am opposed to both, are not these provisions somewhat similar to those in the British Nationality Act?

Lord Elton

My Lords, no. But they are similar to those in the constitutions of many other countries, including some in the Commonwealth.

The Earl of Lauderdale

My Lords, may we take it from my noble friend's reply that the last part of the noble Lord's Question about the automatic replacement of passports by British consulates will happen?

Lord Elton

My Lords, under the provisions of the British Nationality Act 1981 a person who has renounced British citizenship is entitled to re-acquire that citizenship by registration if he is aged 18 or more and is of sound mind, and provided that the renunciation was necessary to enable him to retain or acquire some other citizenship or nationality. This provision may be taken advantage of only once. I suspect that I have perhaps taken the noble Lord's question further than he intended. If he is concerned only with the re-acquisition of a passport, as opposed to nationality, I can say that while it is true that in certain exceptional circumstances—for example, where a British national has voluntarily surrendered his passport as a condition of bail—it may be appropriate to withhold replacement of a passport held by the authorities of another country, I can nevertheless assure him that, as a general rule, any British passport impounded by those authorities would be replaced, on application, by a British consular official, subject to the applicant's satisfactorily establishing his identity and his claim to citizenship.