§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they are aware of any states party or states signatory to the European Convention on Nationality that takes advantage or intends to take advantage of the option in Article 7 of the convention to provide in its internal law for the deprivation of nationality by reason of conduct seriously prejudicial to the vital interests of the state concerned; and, if so, whether they will publish details. [HL5212]
§ Lord FilkinSeven states have ratified the convention. Of these, Moldova has adopted Article 7,1d—the provision relating to seriously prejudicial conduct.
Sixteen states have signed but not yet ratified. We do not know what provision these states have made, except that Denmark, Germany, Italy and Russia have not taken advantage of Article 7,1d. France, on the other hand, already has these powers.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What are the reasons for the continuing failure since 6 November 1997 to sign the European Convention on Nationality on behalf of the United Kingdom. [HL5213]
173WA
§ Lord FilkinClose examination of the convention led the Government to conclude that, because of the discrepancies between current British nationality law and the convention, it would not be possible to sign and ratify the convention without amending the law. The Nationality, Immigration and Asylum Bill provided the first legislative opportunity to bring forward the necessary amendments.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that Article 5 of the European Convention on Nationality which guarantees non-discrimination between the nationals of a state party, whether they are nationals by birth or have acquired its nationality subsequently, would permit a state party to equalise upwards as well as downwards. [HL5214]
§ Lord FilkinYes. We think it would so permit.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they intend to sign and ratify the European Convention on Nationality; and, if so, (a) whether they will consult Parliament before doing so; and (b) whether they will publish an explanatory memorandum describing their reasons for wishing to ratify the convention and the consequences of ratification for United Kingdom law and practice. [HL5215]
§ Lord FilkinIf the Nationality, Immigration and Asylum Bill is enacted in its present form, we shall, once its provisions are brought into force, he in a position to sign and ratify the convention and would hope to do so. We would expect to sign the convention and lay it before Parliament with an explanatory memorandum.