HC Deb 03 March 1982 vol 19 cc186-7W
Mr. Heddle

asked the Lord Privy Seal what is the entitlement to benefit of a citizen of a member State of the European Community from Community provisions relating to the free movement of persons and services in the European Community; and what is the position in this respect of United Kingdom citizens who are children of parents born in the Channel Islands.

Mr. Humphrey Atkins

Citizens of all member States of the European Community are entitled to benefits, in terms of freedom of movement of persons and services, and to social security benefits in other member States in accordance with treaty provisions and the relevant Community instruments. Under protocol 3 of the Treaty of Accession a Channel Islander who, or whose parent or grandparent, was born, adopted, registered or naturalised in the United Kingdom has the same entitlement as other citizens of European Community member States. However a Channel Islander with no such qualifying connection with the United Kingdom is not entitled to benefit unless or until he/she has been resident in the United Kingdom for five years.

Mr. Heddle

asked the Lord Privy Seal in what circumstances children of British parents born in the Channel Islands who are entitled to British citizenship of the United Kingdom and Colonies under the British Nationality Act 1948 have no right to employment or establishment in the remainder of the European Community.

Mr. Humphrey Atkins

Under protocol 3 to the Treaty of Accession, Channel Islanders who hold their citizenship of the United Kingdom and Colonies by virtue of the fact that they, a parent or a grandparent were born, adopted, naturalised or registered in the islands—and not in the United Kingdom—do not benefit from Community provisions relating to the free movement of persons and services.