Commentary
Partnershipfor Progress and Prosperity / Part 2 (Final)
Extracts from a speech by the ParliamentaryUnder-Secretary of State for the Foreign and Commonwealth Office,Baroness Amos, House of Lords, London, Tuesday 11 July 2001
SECOND READING OF BRITISHOVERSEAS TERRITORIES BILL' CHANGE OF TERMINOLOGY: 'OVERSEAS TERRITORIES'
The Bill at the same time formally changesthe name of the territories to Overseas Territories, and BritishDependent Territories citizens who live there to British OverseasTerritories citizens. It is no longer appropriate to use termssuch as dependent territory or colony, termswhich are outdatedand which fail to reflect the nature of our relationship and partnershipwith the overseas territories.
The Bill alters those terms in the BritishNationality Act 1981 and will add a new definition of BritishOverseas Territory in the Interpretation Act 1978 so that thatterm can be conveniently used in all future legislation.
Residents of the Falkland Islands and Gibraltaralready have or are entitled to British citizenship, and we donot expect all BDTCs in other territories to want to apply fornew passports describing them as British citizens.
I have already said that those who preferto continue with their British Overseas Territories passportswill be free to do so. We expect the 'take-up rates' to vary fromterritory to territory and according tocircumstance.
SPECIFIC PROVISIONS OF THEBILL
Let me explain more fully the effect ofthe Bill and the timeframe we envisage. Most people living inthe overseas territories are currently British Dependent Territoriescitizens. As soon as the Bill has passed through Parliament andreceived Royal Assent, Clauses 1 and 2 which deal with the changesof name to British Overseas Territories and British Overseas Territoriescitizen, will take effect.
At that point all references to the territorieswill be formally changed. I say 'formally' because the description'overseas territories' is already in common usage. Clauses 1 and2 deal only with changes of name and involve no substantivechangeof law.
Clause 3 explains how British Overseas Territories citizens willautomatically become British citizens, with the right of abodein the UK, on commencement of the citizenship provisions of theBill. In other words, they will not have to apply for citizenship,although they will have to apply for a British passport to showdocumentary evidence of their new status and to facilitate travel.
The date of commencement will be decidedby my right honourable friend the Secretary of State for Foreignand Commonwealth Affairs by statutory instrument, once we aresatisfied that the practicalities for implementation of the citizenshipprovisions are in place. We need, for instance, to ensure thatarrangements for passport issue are agreed and that the staffwho will deal with passport and nationality questions are properlytrained.
Clause 4 explains how British citizenshipcan be acquired by people living in the overseas territories aftercommencement of the legislation. There are of course many peopleliving in the overseas territories who are not BDTCs. The provisionsof the new legislation do not apply to them.
To qualify for British citizenship theywould first have to qualify for British Overseas Territories citizenshipby connection with the territory in which they reside under existingnationality law as set out in the British Nationality Act 1981.
If their application is successful theywill thereafter be free to apply for British citizenship. Thereis no automatic entitlement to British citizenship for such people.The granting of British citizenship is at the discretion of theHome Secretary. That is the effect of Clause 4 of the Bill.
Clause 5 further amends the 1981 Act soas to provide for acquisition of British citizenship for futuregenerations having the requisite connection with any of the qualifyingoverseas territories. British citizenship willmean that BritishDependent Territories citizens will have the right of abode inthe United Kingdom and the right of free movement and residence,and with it the opportunity to work in European Union member states.
In short, my Lords, they will have the samerights as you or I. They will be able to visit friends and relationsor travel for business or employment without being subject toimmigration controls. I know that this has long been a bone ofcontention. BDTCs have never seen it as fair that they shouldbe subject to immigration control and have to pass through thenon-EU channel on arrival at UK ports and airports.
Some noble Lords may be wondering whether,after passage of this legislation, they will have the right ofabode in the overseas territories. I regret that the answer isno. The right of abode is non-reciprocal. The territories whichfall within the scope of the Bill are for the most part smallislands.
In consultations on the content of the Billthe governments of the territories concerned made clear that grantingBritish and European citizens the right of abode in their territorieswould risk fundamentally altering the social, cultural and economicfabric of the territories. They are simply too small to cope.
The Bill does not mention reciprocity. Iam therefore taking this opportunity to put on record, which maycome as a surprise and disappointment to some noble Lords, thatthe provisions of the Bill on right of abode, for good reasons,are non-reciprocal.
This legislation is eagerly awaited. Eversince publication of the 1999 White Paper my predecessor, PatriciaScotland, and I have received a steady flow of letters from membersof the public, from the people of the overseas territories. fromthe many friends and organisations that represent their interestsin this country and from Members of both Houses urging the Governmentto deliver on the commitment to grant British citizenship. Manynoble Lords and Members of the other place have put down Questions.
It has not until now been possible to makeparliamentary time available in what has been, as I know nobleLords are aware, a busy legislative programme. But I am delightedthat it has now been possible to do so. I hope that the supportwhich noble Lords have shown in the past will now translate intosupport on the Floor of the House. I commend the Bill to the House.