HL Deb 16 November 1983 vol 444 cc1283-5

2.58 p.m.

Lord Geddes

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 what action they have taken in relation to the British Nationality Act 1981 with respect to (a) the refusal by the Canadian Government to grant entry, even as a visitor, to a British overseas citizen and (b) the insertion by the Hong Kong Government, at the request of Her Majesty's Government, of the words "Holder is subject to control under the Immigration Act of 1971" under "observations" on page 5 of a British Dependent Territories' Citizen's Hong Kong Government Passport.

The Parliamentary Under-Secretary of State for the Armed Forces (Lord Trefgarne)

My Lords, may I apologise in advance for the length of this Answer.

A Canadian Order in Council of 15th April precludes the issue of a visitors' visa to any person whose passport or other travel document does not give the holder the right to enter the country on whose authority the document was issued, although the passport is accepted for settlement. We expressed our concern to the Canadian Government and I am happy to say that they have now agreed to admit British overseas citizens as visitors where the visa officer is satisfied that the purpose of the visit is legitimate and that the visitor will be re-admitted to his country of normal residence at its conclusion. We have been assured that amended instructions will be given to Canadian visa officers.

On the second part of the Question, we have agreed that the endorsement "Holder is subject to control under the Immigration Act 1971" need no longer be inserted on page 5 of passports issued to British dependent territories' citizens. This of course includes those issued by the Governor of Hong Kong.

Lord Geddes

My Lords, given that my Question was effectively double-barrelled, may I thank my noble friend the Minister most sincerely for those replies. With regard to the second part, and conscious of the next Question on the Order Paper, may I ask whether my noble friend is aware that my Question was perforce tabled three and a half months ago—that is, before the situation was satisfactorily resolved as regards Hong Kong? Will my noble friend confirm that the endorsement that "the holder has the right of abode in" the relevant British dependent territory is now inserted in all British Dependent Territories' citizens' passports? Will he further confirm that no situation even remotely similar to that referred to in part (b) of my original Question still exists or will recur for any British Dependent Territories' citizen?

With regard to the first part, and assuming that the prime use of a passport is to facilitate travel, would my noble friend comment on the validity and usefulness of passports that do not have returnability on them?

Lord Trefgarne

My Lords, let me answer the last of my noble friend's supplementaries first. The answer is, no: a British overseas citizen's passport provides (as do other British passports) clear evidence of the holder's identity and national status. It is a valid travel document and no problems such as those referred to in the Question have to our knowledge arisen anywhere else. On the other point that my noble friend raised, I can confirm that all new British dependent territory passports, as issued, will include the revised wording, and existing passports will of course be amended as they come due for renewal; but anyone who holds one of these passports and wants it changed right away can have that done.

Lord Mishcon

My Lords, does the noble Lord the Minister remember the warnings, given by my noble friends and myself at the time of the passing of the British Nationality Act, that we were indeed creating divisions and misunderstandings in our Commonwealth? Does he remember the remark of the noble Lord, Lord Boyd-Carpenter, that we were slapping Gibraltar in the face, and that the slap remained until this House carried an amendment? Is he prepared to reconsider at some time the disadvantages of that Act?

Lord Trefgarne

My Lords, I remember only too well the proceedings on the British Nationality Act to which the noble Lord refers and indeed the interventions of my noble friend Lord Boyd-Carpenter on the question of Gibraltar. As the noble Lord rightly says, an amendment was carried in your Lordships' House in that connection. But the matters referred to in the Question, as it happens, do not, strictly speaking, arise out of that Act.

Lord Jenkins of Putney

My Lords, has the noble Lord seen the notes issued by the Action Group on Immigration and Nationality dated November 1983 on the workings of the Act in relation to passports? If he has not done so, will he read them and consider the possibility of amending the Act to remove some of the difficulties and injustices which are currently arising?

Lord Trefgarne

My Lords, I cannot claim to have seen the document to which the noble Lord refers, but if he will send me a copy, I shall be happy to look at it.

Lord Paget of Northampton

My Lords, is not the truth of the matter that we are all racists now and that every Government is equally determined to control racial immigration?

Lord Trefgarne

My Lords, that is a view for which I fancy the noble Lord will not find much support in your Lordships' House.