§ Mr. Foulkesasked the Secretary of State for the Home Department if he will make a statement on the ratification of article 25—the right of individual petition—of the European Convention on Human Rights in respect of the Channel Islands and the Isle of Man; and if any reservations have been sought by the Island authorities.
§ Mr. MayhewAcceptance of article 25 of the European Convention on Human Rights has been renewed on behalf of the Channel Islands, without reservations, for the five-year period to 13 January 1986. The ratification made in respect of the Isle of Man expired in 1976, and has not been renewed.
§ Mr. Foulkesasked the Secretary of State for the Home Department if the reservations secured and notified by the United Kingdom Government for residents of the United Kingdom to the European Convention on Human Rights because of the Education Acts shall also apply to residents of the Channel Islands and the Isle of Man where the Education Acts do not apply.
§ Mr. MayhewA similar reservation to that notified by the United Kingdom has been notified by the Isle of Man. No reservation has been requested by the Channel Islands.
§ Mr. Foulkesasked the Secretary of State for the Home Department what provisions have been made in accordance with article 1 of the Convention on Human Rights whereby the United Kindgom Government as high contracting party, undertake to ensure that the terms of the convention and decisions of the Commission of Human Rights shall be enforced and thus enjoyed by residents of the Channel Islands and the Isle of Man.
§ Mr. MayhewThe convention applies to the Channel Islands and the Isle of Man by virtue of a declaration dated 23 October 1953 and made by the United Kingdom Government under article 63(1) of the convention. No further action is called for to ensure under article 1 that residents of these Islands enjoy the rights and freedoms defined in articles 2 to 18 of the convention.
§ Mr. Foulkesasked the Secretary of State for the Home Department, in the light of the judgment of the European Court of Human Rights, what progress has been made in discussions with the authorities of the Isle of Man about the elimination of the corporal punishment.
§ Mr. MayhewThe decision reached by the European Court of Human Rights in 1978 was communicated to the252W Isle of man authorities, which were informed that the United Kingdom Government took the view that judicial corporal punishment in the Isle of Man must now be held to be in breach of the European Convention. The Chief Justice of the Isle of man brought the judgment to the atention of all persons on the island who could pass a sentence of birching.
The Committe of Ministers of the Council of Europe, which is responsible for supervising the exceution of judgments of the court, was duly informed of the action taken and adopted a resolution declaring that, having taken note of the information supplied by the United Kingdom Government, it has exercised its functions under the covention.
There have been no further discussions with the island authorities since then. On an appeal from a sentence of corporal punishment imposed by the Douglas magistrates in August 1981, however, the Isle of Man Court of Appeal quashed the sentence on various grounds, including the decision of the European Court of Human Rights.
§ Mr. Foulkesasked the Secretary of State for the Home Department (1) what discussions have taken place between Her Majesty's Government and the authorities in the Channel Islands and Isle of Man on citizenship and passport rights;
(2) if he will make a statement on the rules governing the citizenship status of citizens of the Channel Islands and Isle of Man compared to that of (a) those born in the United Kingdom and (b) those born in British territories other than the islands;
(3) if he will make a statement on the future status of those persons formerly entitled to have the endorsement "Citizen of the United Kingdom, Islands and Colonies" entered upon their passports; and whether such an endorsement will be used in future.
§ Mr. RaisonUnder the British Nationality Act 1948, persons born in the Channel Islands or the Isle of Man have the same status, that of citizen of the United Kingdom and colonies, as(a) persons born in the United Kingdom and (b) persons born in a colony or associated state.
Under section 33(2) of that Act, a citizen of the United Kingdom and colonies who derives that status from his connection with the Channel Islands or the Isle of Man may also, if he wishes, be known as "a citizen of the United Kingdom, Islands and Colonies."
The British Nationality Act 1981 will come into force on 1 January 1983, provided the necessary preparatory work has been completed. Under the Act, citizens of the United Kingdom and colonies closely connected with the Channel Islands and the Isle of Man will, like persons closely connected with the United Kingdom, become British citizens. Persons connected with a colony or an associated State will become British dependent territories citizens. The 1981 Act contains no provision enabling persons connected with the Channel Islands and the Isle of Man to describe themselves as other than British citizens.
The authorities of the Channel Islands and the Isle of Man were consulted about the provisions of the British Nationality Act 1981, and will continue to be consulted about their implementation.
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