Currently
there is a Petition before Parliament entitled: “Amnesty for anyone who was a
minor that arrived In Britain between 1948 to 1971”(https://petition.parliament.uk/petitions/216539”) which has 175,000 signatures.
It points out: “Windrush Generation were invited as settlers and as British
subjects. Minors also had the right to stay.” and calls on the government to “stop
all deportations, change the burden of proof and establish an amnesty for
anyone who was a minor.” and insists the Government should also provide
compensation for loss & hurt.”
Parliament will debate this petition on 30 April.
Indeed, petitions to Parliament involving Caribbean
workers have a long history. For instance, on the 4th February 1859
Lord Brougham presented a petition to Parliament on the Immigration Act (Jamaica) “from emancipated labourers,
and others, of Arnatto Bay, in the Island of Jamaica, complaining of a Bill
having been passed, without due consideration and in great haste, seriously
detrimental to their interests.” (https://api.parliament.uk/historic-hansard/lords/1859/feb/04/immigration-act-jamaica-petition; HL Deb vol 152
c106) 106
The Bill related to the immigration of free labour to
the island, and the Petition prayed that it should be disallowed. The
petitioners complained, it said, that the Petition had been passed through the
Legislature with such haste, that they had no opportunity of raising their
voice against its enactment, They further stated that there was no want of
labourers in that country, and that all attempts which had been made to obtain
a further supply of them had proved absolute failures. and they therefore “prayed
that their Lordships would, by an address to the Crown, use their influence to
prevent the Royal Assent being given to the measure.” Royal assent had or had not been given to this Bill.
Just over a hundred years later, some 15 years after
the post–war Immigration Act had been passed, and a year after the Commonwealth
Immigration Bill had been passed into law (https://api.parliament.uk/historic-hansard/acts/commonwealth-immigration-act-1962) he Home Office told MPs in a written answer – under the heading Commonwealth
Immigrants (Deportation)- asking about the total number of deportation orders which had been considered under
the Commonwealth Immigration Act, by stating:
“Up to 20th March [1963], 571 recommendations were received in respect of
Commonwealth citizens and citizens of the Irish Republic. Forty-nine have been
the subject of successful appeals and thus called for no further action; [TheHome
Secretary] had considered 371, and made 198 deportation orders. Among the
balance of 151 awaiting consideration were 26 cases in which appeals were
pending.”
HC Deb 28 March 1963 vol 674 cc172-3W
https://api.parliament.uk/historic-hansard/written-answers/1963/mar/28/commonwealth-immigrants-deportation)
In
light of the revelations in The Guardian
by Amelia Gentleman - married herself to government minister Jo Johnson - over the past few
months, reaching a crescendo in the past week that has demanded attention of
Parliament and ministers at the top of Government, the origins of the 1948
British Nationality Act are very interesting and demand a revisit.(https://api.parliament.uk/historic-hansard/lords/1948/may/11/british-nationality-bill-hl) It followed the Commonwealth Conference on Nationality and Citizenship
in 1947.
The Immigration Bill was introduced in Parliament in the Lords by the
Lord Chancellor, Viscount William
Jowitt, almost exactly 20 years before Conservative MP and former shadow
cabinet member Enoch Powell’s notorious
‘Rivers of Blood’ speech in Birmingham on 20 April 1968 warning of a future
race war between black and white in the
UK.(https://en.wikipedia.org/wiki/Rivers_of_Blood_speech)
Viscount Jowitt opened by warning “I
cannot conceal from you that, although I do not think the Bill is
controversial, it is concerned with a very complicated and difficult subject…I
start with this general principle: I believe that of all the remarkable
contributions which our race has made to the art of government, the conception
of our Empire and Commonwealth is the greatest. …it may fairly be said of our
conception of the British Empire and Commonwealth that its service is perfect
freedom. Now the link, the bond which binds us together, is, of course,
primarily the fact that we are all proud to be subjects of His Majesty the
King. There are other things which bind us: there is the sense of perils shared
together and overcome in the past; there are the hopes for the future. But
those things are not in any sense limited to members of the "family;"
they are things which we share, I hope, with the countries of Western Europe.
But there is something about the family which to my mind depends upon there
being a common status and a common nationality. The problem is how to achieve
that common status.”
He went on
to point out: “you could have a common code: you could have every member State
enacting the same legislation, and so you might say you had a common test of
nationality through the whole of the Commonwealth. That is the principle upon
which the 1914 Act was drafted. That Act extended, or was intended to extend,
throughout His Majesty's territories, and it was contemplated that part of the
Act would be adopted by various member States.”
Here I want
to point out that, this being the new principle, we must provide for
citizenship of the United Kingdom. Our citizenship, of course, equally has
British nationality, and subsection (1) of Clause 1, which I call the key
clause of the Bill, sets out the position: Every person who under this Act is a
citizen of the United Kingdom and Colonies or who under any enactment for the
time being in force in any country mentioned in the next following subsection
is a citizen of that country shall, by virtue of that citizenship, be a British
subject.”
And he then
explained the new development in citizenship being introduced by the Labour Governemnt.
“ First,
your Lordships will see that the citizenship which for the first time we
prescribe is not ‘citizenship of the United Kingdom,’ but citizenship ‘of the United Kingdom and Colonies.’ That is
the species. It may be asked, "Why do you add 'and Colonies'? Why not let
the Colonies have their own species of citizenship? "But then you are
confronted with the difficulty that either you deal with the Colonies as a
group or you deal with each Colony individually. Ultimately, of course, we are
responsible for the peace, order and good government of our Colonial
territories; in a sense, we are trustees for the people of those territories.
In those circumstances, is it right that we should differentiate between our
own people and the people for whom we are trustees? We think it is not right.”
He added:
The […] propositions in regard to children may therefore, I think, be stated
thus: a child born in this country or in the Colonies will be a citizen, except
of course the child of a foreign diplomat. The children of the first generation
born outside this country, whether abroad or in a Commonwealth country, will
have citizenship. Subsequent generations born in foreign countries will also
have citizenship….The child of a citizen will also be a citizen if born in a
Protectorate, Protected State, Mandated Territory, or Trust Territory.”
Responding
Viscount Simon for the Conservatives observed: “Beyond all question, this is a very
difficult and complicated matter, and it is perhaps worth while for a moment to
point out how, historically, it has come about. Originally, the conception of
British nationality was the simplest thing in the world.”
He added: “The
[…]complication—and none of us has the slightest reason to regret it—has come
about much more recently, and is a
result of development in the British Commonwealth of sovereign States, of equal
power and authority with ourselves.”
(HL Deb 11 May 1948 vol 155 cc754-99 )
The debate
was resumed six weeks later, one day before the MV Empire Windrush, a German built ship, brought the first group of
Caribbean families to theUK by invite and encouragement of the British Government. The Bill’s very first clause read: “Every person who
under this Act is a citizen of the United Kingdom and Colonies or who under any
enactment for the time being in force in any country mentioned in the next
following subsection is a citizen of that country shall, by virtue of that
citizenship, be a British subject.” (HL
Deb 21 June 1948 vol 156 cc992-1083; https://api.parliament.uk/historic-hansard/lords/1948/jun/21/british-nationality-bill-hl)
For the
opposition Conservatives Lord Altringham commented: “agreement was arrived at with the
rest of the Commonwealth in regard to the general structure of this Bill. We
understand that there is a clear agreement upon that subject, and we should
hesitate to take any action which implied a difference of opinion on that
subject between this country and the Dominions. So far as I know, there is
none. But in creating a new citizenship of an entirely new geographical and
political entity, known as "the United Kingdom and Colonies," the
Bill does something which is subject purely to the jurisdiction of this United
Kingdom Parliament. It is a matter in which we are responsible, and in which
nobody shares our responsibility. This Parliament, therefore, must look at this
new proposal seriously and soberly.”
He stressed
“I think most of us must feel, that the term ‘citizenship’ is inconsistent with
what constitutes the true basis of loyalty in the Colonial Empire. After all,
the allegiance of the King's subjects within the Colonial Empire is not to any
political system; it is quite simply to the King in person….Hitherto, it has
been our proud boast that all British subjects have equal rights in the United
Kingdom. Whatever you may say at the outset, if you create a distinctive
citizenship it is bound to set up a tendency towards differentiation. This is a
metropolitan country, the greatest in the world, the greatest and most liberal
in all history.”
Viscount Jowitt retorted: “whatever
Party we belong, [we] regard the British Empire and Commonwealth as the
greatest institution which British genius has ever developed. And it would be a
very evil day if any of us were to do anything to attempt to weaken or destroy
it.”
When the debate was resumed a days later (HL Deb 24
June 1948 vol 156 cc1246-64
Viscount
Simon suggested the title of the Bill should omit "for citizenship"
and insert "to constitute a British nationality."
Viscount
Jowitt for the Governemnt rejected the
proposal with a very interesting argument, stressing: “. I regard this as
dealing with a very fundamental question. Speaking for myself—and I think
speaking on behalf of my noble friends—we feel that if we assent to this
Amendment, logical though it may be, we shall be becoming accessories after the
fact in a very unpleasant and unfortunate deed. The proposal is to strike out the words "for
citizenship." I was surprised on the previous occasion to hear the words
"citizenship" and "citizen" spoken of as though they had
some kind of republican flavour. They are very old words. In Bunyan's Pilgrims
Progress I think you repeatedly find the phrase "Citizen of Heaven"—I
do not know whether Heaven is a Republic or a Monarchy…
The word has
always been used in America, where you talk about "an American
citizen," and the word "citizen" is undoubtedly the right word.
We can use it in either sense. But the words "nationality" and
"British nationality" have a wholly different conception. The whole
point of British nationality is that it is something which applies all over His
Majesty's Dominions throughout the whole world, and that was one of the great
forces, apart from the allegiance which we owe to the King, which bound us all
together”.
He went on
to argue “By these arrangements in the Bill there will now be a situation that
if someone comes from the West Indies or Nigeria he is a recognised citizen of this country
immediately, but if someone comes from Australia or Canada it is not so. …It is
clear …that someone coming from Nigeria is a citizen of the United Kingdom and
Colonies directly he sets foot in this country, and he is recognised as such
immediately, but that someone coming from Australia is not recognised in that
way. He is on a lower plane, and much though we esteem and value our friends in
the Colonies, we surely do not want to put them on a different and higher plane
in this matter to our brothers and sisters in the Dominions.”
The
Conservative MP for Abingdon, Sir Ralph Glyn, wryly
observed: “This Debate today has made it even
more difficult than it was on Second Reading for some hon. Members to make up
their minds how to vote. I am impressed by what has been said by some hon.
Members in regard to the curious position that will be created for some members
of British Colonies if they find themselves in other Dominions…What we must
recognise is that all the member States of the British Commonwealth have an
independent position. They have that position, and separate votes. They must be
perfectly free to pass whatever legislation they like. The dilemma I am in is
this. We cannot divest ourselves of our responsibility to all the people in the
British Colonies. They are the responsibility of this House; this House sees to
it that the Minister for the Colonies is responsible to this House, so that
each one of us is responsible for the welfare of all the people in the
Colonies.”
Nine years
later, another immigration bill was introduced into Parliament by The Earl of
home, who later briefly became the Conservative prime minister. (HL Deb 16 December 1957 vol 206 cc1182-97; https://api.parliament.uk/historic-hansard/lords/1957/dec/16/british-nationality-bill-hl), with the aim of updating the
1948 British Nationality Act, would “ serve the needs of the evolving and
expanding Commonwealth, and to make such provision as will enable certain
individuals, who were not able to take advantage of the provisions of the 1948
Act, to become eligible for citizenship of the United Kingdom and Colonies”.
Lord Home
explained that Clause 3 of the Bill’s purpose was “to enlarge the provisions of
the 1948 Act to provide for certain persons who may wish to do so, and who were
previously disqualified, to apply for registration as citizens of the United
Kingdom and Colonies…in 1948, the Commonwealth countries had not defined their
citizenship laws, and it was difficult, if not impossible, to foresee whether
and how everyone would be covered by laws as yet unmade. In the result, the
great majority were satisfactorily covered, but some people found themselves
given the transitional status of British subjects without citizenship. Some of
these were given the opportunity of applying to the Secretary of State to be
registered as citizens of the United Kingdom and Colonies, if they passed
certain tests, before January, 1950, and. through ignorance of the conditions,
or mischance, they missed the opportunity. Clause 3 is therefore framed to try
to cover this limited number of cases of real hardship.”
He opened
stressing:”We are about to discuss one of the greatest issues of our time, an
issue which can tear us apart or unite us. I think it is true to say that,
excluding the extremists, it is possible for men who are seeking the same ends
to have honest differences of opinion about the way in which those ends should
be achieved, and I therefore approach the debate in that spirit.
He added: “What
are the ends? The Government, Parliament, all parties in the country, are fully
committed to the development of a multi-racial society in Britain—a society
which will be diverse in culture and will be equal before the law; a society in
which all communities will have respect for each other; a society in which
there will be unity in purpose and common allegiance. Those are the aims, as I
see it, of the great debate that is now overtaking the nation, as well as
Parliament, on this issue. But this ideal of a multi-racial society, to which
all of us except the extremists are committed, will not happen of its own accord.
It is something that has to be worked for. Our policies must establish the ends
that we will. We have to look to the long term and not Just to the issue or to
the group of people who face us today or whose problems we may be considering
at a particular moment.”
“We must
trust the instinctive sense of fair play of the British people. Our policy, if
it is to endure, must be acceptable to them and to their sense of fair play. I
cannot separate, in this connection, those who come into the country and the
treatment we afford to them after they are here.
This Bill,
however some may regard it, must be considered at the same time, and in
accordance with, the proposal of the Government to introduce a Race Relations
Bill which will establish in this country equality of treatment in the very
sensitive areas of housing and of jobs, which is to be introduced by the
Government during the next six weeks—certainly before Easter.”
Both these
Bills are, in my view and my judgment, essentially parts of a fair and balanced
policy on this matter of race relations. I do not discern much tendency to call
names. As I have said, everyone is concerned about this issue, and it was no
easy decision to introduce a Bill of this sort.
I seek to
approach this debate in a sprit of understanding of the emotions of many hon.
Members who may find difficulty in accepting what the Bill contains. I hope
that they will acknowledge that the others of us, too, are trying to approach
this problem honestly and with a view to the achieving of a multi-racial
society in all its aspects, and I hope they will acknowledge—if I may pick up a
phrase used on the editorial of one of the powerful newspapers this
morning—that it is possible that the origin of this Bill lies neither in panic
nor in prejudice but in a considered judgment of the best way to achieve the
idea of a multi-racial society.”
He then
addressed a key aspect of the Bill: “Perhaps now I can finally come to the
important question of the immigrants who arrive in this country, because I am not
sure that the House is fully aware of what is happening or what is being done.
A number of voluntary bodies are playing a very full part in helping with the
settlement of those arriving, and I thank them for their hard work and the
efforts they are making in this very necessary task. I propose to meet some of
them and ask them to continue their efforts. What they are doing through their
efforts is making special provision for the arrival of citizens whose language
and customs differ entirely from those of the rest of the community.
The
Government have a dual responsibility. The first is to establish the conditions
under which people arrive. The second is the Government's responsibility for
these people during the settling-in period, especially in relation to the needs
of the areas where they wish to go.”
We all
understand, and we have heard and seen, the great strain placed on local
services in the areas where these new immigrants settle. Over two years ago,
the Government announced their intention of giving special financial help
towards expenditure in these areas.
This help is
over and above the grants that are given in respect of services such as
schools. Local authorities in such areas are able to claim the cost of engaging
extra staff where they are needed to undertake exceptional commitments in order
to ease pressures on the social services which arise from the differences in
language and cultural background and to deal with problems of transition and
adjustment.
For example,
the grant is payable—and I want to emphasise this so that the House and those
local authorities who may not be aware of the position understand it—to local
authorities which have to engage interpreters, specially appointed teachers,
ancillary helpers in schools, staff employed in local authority children's 1258 homes, health visitors in respect
of visits to immigrant families in excess of the norm for the community as a
whole, and public health inspectors for visits to multi-occupied houses. I give
this as an illustration of the way in which the Government are making finance
available to the local authorities.
The general
rule under which the Government are operating is that authorities with more
than 2 per cent. immigrants in their area have a prima facie claim for grant.
So far, 57 authorities have submitted claims in respect of expenditure
totalling over£ 3 million. The grant is limited to 50 per cent. of the approved
expenditure and I make it clear that the Government will continue to watch this
situation in a positive manner as it develops in order to assist with the
integration of immigrants into the community.
There is one
further and vital point in relation to our attitude. I have said before that it
is not proper to isolate one aspect of this difficult problem and to treat it
separately from the rest. It is essential to consider this matter in relation
to the rest of the Government's programme and policy—indeed, of Parliament's
policy as a whole. I have emphasised before and do so again that it is
essential that, after our immigrants arrive, they should be treated in every
way as equal before the law, and it is to fulfil this principle that the
Government intend to introduce within the next six weeks, a Bill that will
define racial equality in this country in a number of important issues,
especially in the vital areas of jobs and homes. In this way, by having a fair
and balanced policy, I believe that we shall be able to fulfil the obligations
that all of us feel towards these new citizens who have come among us and to
help to avert the tensions that racial disharmony would result in.
I regret the
need for this Bill. I repudiate emphatically the suggestion that it is
racialist in origin or conception or in the manner in which it is being carried
out. In the light of what I have said, in the light of the full policy the
Government are pursuing, which tries to do justice as between citizens overseas
and citizens in this country and to those citizens overseas when they come
here, I commend the Bill to the House.
Quinton Hogg,( who later became Lord
Hailsham) responding observed: “I suspect it has been the objective of every
hon. Member on either side of the House, to assist in building at home a
homogeneous society of which all of us can be proud, and which will command the
allegiance of everyone dwelling within it. We desire no second-class citizens,
we desire no race discrimination, we desire no dilapidated areas, housing
different communities from the majority”
For the minority
opposition Liberal Party, David Steel (later to be Party Leader and
elevated to the Lords) intervened saying: “I begin by referring to the
discussion which has taken place about the legal situation under the Kenya Independence Act, 1963. As I said earlier, I take issue
with the right hon. Member for Streatham (Mr. Sandys) and with the Home
Secretary on one point which they both made, that the Commonwealth Immigrants Act, 1962, removed the right of free entry
into this country of people of the Asian and African communities in Kenya. This
is just not so. It was the amendment in 1965 to the 1962 Act which did that.
The Commonwealth Immigrants Act, 1962, did not apply to a person born in
the United Kingdom or a person who held a United Kingdom passport and was a
citizen of the United Kingdom and Colonies. Up to the Independence Act of 1963, people in Kenya were
issued with 1286 passports bearing the designation.
"British subject—citizen of the United Kingdom and Colonies".
Labour MP Roland Moyle, who later became a minister,
commented: “ In spite of all the hysteria which has preceded this debate, it
seems that there is a lot more common ground on this issue than one would have
suspected. …today is a very sad day indeed. When one thinks back to the proud
hopes of 10 or 12 years ago, the thought that we could let them all come, the
thought that the British people were mature enough to absorb all the
immigrants, the thought that we could treat everyone on the basis of
equality—all these proud hopes are now dimmed. “
Lord Belstead introducing
the legislation said: “this Bill creates three new citizenships. Those whose
connections are with this country would become British citizens. Those who
possess connections with our remaining colonies or associated states would
become citizens of the British dependent territories, and those who have no
relevant links with either the United Kingdom or a dependent territory would
become British overseas citizens.
.He
explained: “clause 1 of the Bill provides that a child born in this country
after commencement shall be a British citizen at birth if either of his
parents—and it is of course a great feature of this Bill that it deals on an
absolutely even-handed basis with men and women in nationality matters—is a
British citizen or is settled in this country. At present, any child born in
this country is automatically a citizen of the United Kingdom and Colonies
unless his father enjoys certain kinds of diplomatic or consular status. This
means that citizenship is conferred on all who happen to be born here. It is
hardly surprising, I think, that many other countries, including all but one of
our European Community partners, operate a system whereby children born in their
territory are citizens only if one of the parents (and in many cases it is
confined to the father only) is a citizen. So I think there can be nothing
unreasonable in our adopting the same kind of approach. But our approach is
more generous because we would allow the children of "settled"
parents who are not our citizens to benefit.”
The Lord Archbishop of Canterbury (John Habgood) observed in the ensuing
debate: “Along with others who have already spoken, I accept that a new
nationality Bill is needed. In the 30 years since the present British
Nationality Act was passed, we have seen an enormous change in the relationship
between the United Kingdom and the former Commonwealth and Empire. We should
also remember that, during that time, our country has benefited immeasurably,
and continues to benefit, from the presence of people who have settled here
from Africa, Asia and the Caribbean. Our economy has benefited; our cultural
life has been enriched. Even, I should say, our religious perspectives have
been widened.”(HL Deb 22 June
1981 vol 421 cc875-956; https://api.parliament.uk/historic-hansard/lords/1981/jun/22/british-nationality-bill-1
The Government published a White
Paper, "Fairer, Faster and Firmer—A Modern Approach to Immigration and
Asylum", following what Straw asserted was “a wide-ranging examination
undertaken as part of the comprehensive spending review.“
Straw argued
that governments have “few more complex and sensitive responsibilities, yet the
system has been subject to piecemeal and ill -considered changes that have
failed to tackle the real problems. Indeed, the changes have often made the
problems worse. The arrangements for supporting asylum seekers are a shambles:
huge backlogs have been allowed to develop, and additional complexity and
regulation have made the system unwieldy to operate.
“Despite the
dedication and professionalism of immigration staff at all levels, genuine
applicants have suffered, while abusive claimants and racketeers have exploited
delays in the system. It is time for a new approach. The Government are
determined to maintain firm control over immigration, but to do so in a way
that meets our international obligations and our commitment to strengthening
human rights.
Our
immigration policy will continue to support family life by admitting the
spouses and minor dependent children of those already settled in the United
Kingdom. It must also sustain and promote racial equality. It is particularly
important for us to acknowledge the huge contribution that immigrants and their
descendants have made to our society in all walks of life.”
And finally,
the immigration legislation that
underpins the current furore. During the Commons debate on 30 January 2014 ( at
Hansard Column 1045) Jeremy Corbyn,
then merely the MP for Islington North stated: “ In response to an intervention, the
Home Secretary said that at some point a stateless person’s position in the UK
could be regularised, which is an interesting concept. If they became
stateless, they would in the meantime presumably become destitute in this
country, because they would not be eligible for access to any benefits or other
aspects of society. Has she considered that, and are there any people in that
situation at present?”
Theresa May,
the then Home Secretary responsible fo rth e Bill replied:” The answer to the second question is
that there are no people in that situation, because I have not been able to
deprive anybody of their citizenship and therefore potentially make them
stateless. That is the existing situation. If somebody is stateless and either
does not apply for citizenship of another state despite having access or is
denied permission to do so, but stays in the United Kingdom, we would have to
look at the situation and at their immigration status. Crucially, their status
would not attract the privileges of a British citizen—they would not be
entitled to hold a British passport or to have full access to certain
services—so they would therefore be in a different position from the one they
were in when they held British citizenship.
Communities minister,
Lord
Bourne of Aberystwyth, replied: “the United Kingdom has long been a country of inward and
outward migration. Post-war immigration, including via MV “Empire Windrush”,
which was in many ways at the forefront of this migration, means that we are
now a richly diverse society. I will be meeting key figures from community
groups over the coming weeks to decide how best to celebrate this anniversary.
I would also welcome input from the noble Baroness and from noble Lords
throughout the House.”
Baroness
Benjamin reacted
strongly saying: “I thank the noble Lord for that Answer. “No coloureds
welcome” was the sign that the Windrush pioneers faced in 1948 because the
Government did not make it absolutely clear that the Caribbean people were
invited to come to the UK to rescue the NHS, the transport system and factories
after the war. Today, many descendants of those pioneers do not know that part
of their history, as it is not generally taught in schools. As the Prime
Minister wants everyone to feel included in our society, will the Government
create a Windrush Day, recognising the outstanding contribution that the
Windrush generation has made to Britain?
Lord
Bourne commented with
words that may look rather limp and open to
challenge in retrospect: “I think that there have been fundamental
changes in this country and the views of most people. Are we yet there with
everybody? No, of course not; there are still challenges out there. As the
noble Baroness will know, the Prime Minister initiated the race disparity
audit, for example, which most people in the House and the country would
welcome. We are now entering the next phase, in which departments are being
asked to respond to the data and come up with policies and actions as to how we
are going to tackle that. So we are not there yet, but most fair-minded people
would say that there has been significant progress and continues to be so”