§ 28. Miss Wrightasked the Secretary of State for the Home Department whether, under the Nationality Bill, it is intended that different criteria will apply, or different proceedings be required, to determine the eligibility for citizenship of children (a) living with their natural parents, (b) living with adoptive parents, (c) living with foster parents and (d) where parental rights have been assumed by a local authority.
§ Mr. RaisonWhether the children concerned were British citizens would depend on whether they were born to parents either of whom was a British citizen or was settled in the United Kingdom; or whether they had as new-born infants been found abandoned in the United Kingdom; or whether they had been adopted by a British citizen by order made by a court in the United Kingdom. Whom the child is living with would not be relevant, nor would the assumption of parental rights by a local authority.
§ Miss Wrightasked the Secretary of State for the Home Department (1) if he will make a statement clarifying the status of children in the care of local authorities in the United Kingdom under the provisions of the British Nationality Bill with respect to eligibility for British citizenship;
(2) whether there is to be any difference in the criteria or procedures used to determine the eligibility for citizenship of children, where local authorities have assumed parental rights (a) whose natural parentage cannot be determined, (b) whose natural parentage, if determined, does not establish an automatic right of citizenship under the British Nationality Bill and (c) who are taken into care before and after the Bill becomes law and is brought into effect; and what, differences will be;
(3) whether a local authority which has assumed parental rights and duties in respect of a child taken into care could automatically transmit citizenship to that child should the British Nationality Bill receive Royal Assent.
12W
Persons sentenced to life imprisonment released from prison on licence during the years 1971–80* Year of release Completed years for which detained 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16–19 20 or more Total 1971 1 1 4 5 5 3 2 4 1 26 1972 1 2 1 6 7 4 3 2 1 1 28 1973 1 1 1 1 4 8 8 4 5 3 1 2 39 1974 1 1 1 4 3 6 14 7 3 4 1 1 2 48 1975 1 4 4 10 10 3 6 2 1 2 1 44 1976 1 4 2 8 14 18 13 11 2 3 2 2 7 87 1977 2 3 1 3 12 13 7 6 4 10 4 2 2 3 1 73 1978 1 3 17 10 11 12 9 11 3 1 3 81 1979 3 5 7 19 8 14 7 7 1 2 3 76 1980 1 2 2 1 8 9 9 5 2 4 1 5 3 52 Totals 1 3 6 4 13 22 58 92 97 84 53 49 20 16 20 14 2 554 * The figures include persons detained during Her Majesty's pleasure under section 53(1) of the Children and Young Persons Act 1933 or for life under section 53(2), but not persons who had been previously released on licence and subsequently recalled to prison.
§ Mr. RaisonThe Bill provides that a child born here after commencement shall be a British citizen if either of his parents is a British citizen or is settled in the United Kingdom; a new-born infant found abandoned is to be deemed, unless the contrary is shown, to have been born in this country to a parent who is a British citizen or is settled; and an adopted child is to become a British citizen if adopted under a court order made in this country and if the adopter—or one of the adopters where the adoption is a joint one—is a British citizen at the date of the adoption.
No specific provision is made for acquisition of citizenship where parental responsibilities are taken over by persons or bodies other than the natural parents except in the case of adoptions by court order in this country. Normally a local authority responsible for the child's care should have the details necessary to establish citizenship but where it does not application may be made for the registration of the child under the Secretary of State's discretionary power to register any minor. Each case would be judged on its merits but obviously a major aspect would be whether the child's future lay in the United Kingdom.