British Overseas Territories Bill [H.L.] (Hansard, 30 October 2001)

§ The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Amos)
My Lords, I beg to move that this Bill do now pass.

§ Baroness Rawlings
My Lords, I begin by repeating our continued support for the principles underlying the Bill.
The conferral of British citizenship on British Overseas Territories citizens is most welcome. However, it has become more and more evident during the passage of the Bill that it is based on—and I hate to use the word—"spin". By this, I mean that the rhetoric surrounding the Bill promises great things, while in reality the legislation makes few significant changes.
That is due largely to the language of citizenship. An individual living in a democracy has both rights and responsibilities. The idea was well rehearsed both at Second Reading and in Committee. It is the essence of citizenship. Yet the granting of British citizenship to British Overseas Territories citizens will be, a matter for individuals, wherever they live". Citizenship involves a complex system of rights and duties. The notion that this concerns only the individual is surely the origin of much of the confusion that has surrounded certain aspects of the Bill.
The second problem that we have encountered is the definition of "residence". The noble Baroness, Lady Amos, has been careful to point out that many of the benefits and responsibilities associated with British citizenship will be applicable only to those British Overseas Territories citizens who exercise their right to live and work in the United Kingdom. Am I correct in thinking that British citizenship is to be perceived as a right? Duties and benefits come only with taking the decision to reside in the United Kingdom.
The crucial point is that only residents of the United Kingdom are entitled to the full benefits of British citizenship, while those who choose to stay in their territory of origin will remain largely unaffected. On this subject, perhaps we may clarify the procedure whereby a citizen claims the right of abode in the 1300 United Kingdom. If a British Overseas Territories citizen acquires a full British passport, am I correct in thinking that he or she is often then free to live and work in the United Kingdom without any further screening procedure on the part of the Home Office?
Much has been made of the opportunities for education and training arising from the Bill for British Overseas Territories citizens. Making our excellent educational resources available to citizens from the overseas territories is most important. My noble friend Lady Young spoke at length and with notable passion on this subject. However, the Bill will do little in that regard. Again I quote the noble Baroness, Lady Amos: Entitlement to the domestic rate for education fees and to other benefits is based on residency qualifications not nationality … I think that it would be wrong to give the same rights and benefits automatically to a British citizen from an overseas territory as are enjoyed by persons who are resident in the United Kingdom".—[Official Report, 24/7/01: col. 1884.] We are presented with that all-important distinction between British citizens from the overseas territories and British citizens resident in the United Kingdom. I hope that that distinction does not come to jeopardise the possible wealth of opportunity open to British Overseas Territories citizens.
However, that is not enough to give these citizens a status comparable with that of their counterparts who are resident in the United Kingdom. Gibraltar is of particular concern here, as my noble friend Lady Hooper will mention. British citizens reside in Gibraltar yet that territory has no representation in the European Parliament. I realise that that is beyond the scope of the Bill in question but I think that it is relevant.
Finally, I say once again that we fully support the Bill. We feel, however, that some areas still require clarification, particularly with regard to the procedures whereby newly created British citizens claim their rights. Does the noble Baroness, Lady Amos, agree that nowhere in the Bill are the territories concerned referred to other than in the context of their change of name? Does this suggest that everything else about these territories remains the same? We hope that any areas of doubt will be cleared up during the passage of the Bill through the other place.

§ Lord Carter
My Lords, I remind the House that the Companion states that the Motion that the Bill do now pass is usually moved formally and is not normally debated.

§ Lord Redesdale
My Lords, the Bill has not only been welcomed by these Benches but also by citizens of what will be the British Overseas Territories. We have only two areas of complaint. The first concerns the term "British Overseas Territories citizens" and the second relates to what is happening to the Chagos islanders who won a court case to prove that some years ago they were illegally removed. Will that affect government policy? Those issues will be raised in another place. Those points aside, we welcome the Bill.

§ Baroness Hooper
My Lords, I also welcome the Bill and wish it a speedy passage in another place. The overseas territories are tiny territories. A Bill responding to their express wishes, as this Bill does, is necessarily reassuring. I make a further point on the need for reassurance. Recently there has been a great deal of press comment about the Government's discussion with Spain over the future of Gibraltar. That makes the people of Gibraltar understandably nervous. The preamble to their constitution gives them the right to self-determination and successive governments have always stood by that. Will the Government reaffirm their commitment to that right to self-determination? All the overseas territories would like to see that right enshrined in their constitutions for the avoidance of any doubt. I recognise that this matter is outside the scope of the Bill. I also recognise that I may well be out of order in making these points. However, a government's work is never done. I mention this matter now to put down a marker for future action. I support the Bill.

§ Lord Waddington
My Lords, I believe that I shall be excused for saying just a few words. I congratulate the Government. This is a good Bill which will be warmly welcomed. I do not entirely agree with my noble friend when she says that it will not have any effect on people who remain in their own territories; it will have two important effects. First, I believe that it will reinforce their loyalty to Britain and, secondly, it will assure them of a warm welcome at our ports of entry. That is very important indeed.