THE SCOPE OF THE REVIEW
Introduction
11. As we record in paragraph
1, the Review addresses generic issues relevant to all Dependent
Territories and specific issues relating to individual Dependent
Territories. Thus, in principle, all Dependent Territories fall
within the scope of the Review. Mr Westmacott[14]
commented that the Foreign Secretary was looking at "custom-built"
solutions for each territory.[15]
However, there are a number of qualifications to the scope of
the Review, with the result that its practical focus appears to
be the Caribbean Dependent Territories.[16]
12. In its initial memorandum
to us, the Foreign and Commonwealth Office commented that:[17]
"The review will
cover policy towards all the remaining territories, although the
Foreign Secretary recognises that particular circumstances apply
in the cases of Gibraltar and the Falkland Islands. Policy towards
these two territories will therefore continue to be handled separately."
Likewise, the Review appears
to be of limited relevance to the uninhabited Dependent Territories:
Baroness Symons confirmed that the main thrust of the Review
was directed at the permanently inhabited Dependent Territories.[18]
Mr Westmacott told us:[19]
"If there are
particular circumstances or conditions relating to Diego Garcia
or uninhabited territories like South Georgia and the South Sandwich
Islands or the British Antarctic Territory and matters need to
be changed, clearly that can be looked at in the context of the
review."
but added:
"I think I am
right in saying that there are no major issues which have arisen
thus far in the context of either the British Antarctic Territory
or Diego Garcia within the review."[20]
13. There are special issues
which relate to the Falkland Islands and Gibraltar and many of
the areas of the Review are not relevant to territories without
an indigenous resident population. We nonetheless expect to see
the conclusions of the Review applied across the board where this
would be appropriate. We also recognise that particular circumstances
of Gibraltar and the Falkland Islands need to be addressed irrespective
of this Review. We intend to take further evidence on Gibraltar
in due course.
14. The Foreign and Commonwealth
Office has sought the views of both the Governors and, through
the Governors, the local elected politicians in the Dependent
Territories on the issues covered by the Review.[21]
We have also sought views direct from elected representatives
in Dependent Territories and we are glad that many of them responded
to this invitation.[22]
A number of issues were raised ranging from major issues, such
as citizenship, constitutional status and nomenclature to specific
local issues such as those drawn to our attention by the Pitcairn
Islanders, who also expressed a wish to see representatives from
the United Kingdom visit the island. Inevitably, the various
Dependent Territories have placed emphasis on different aspects
of their relationship with the United Kingdom. These reflect
particular local circumstances. Difficulties in considering the
issues raised by the Review are highlighted in the case of Montserrat.[23]
15. Baroness Symons identified[24]
three main areas covered by the Review, on which there had been
specific consultation with the Dependent Territories. These are:
We also propose to deal, amongst
others, with three substantial issues that have emerged:
Access to
the United Kingdom
Introduction
16. The Government is considering
the question of citizenship in relation to the Dependent Territories.[25]
The total number of inhabitants in the Dependent Territories
is now about 186,000,[26]
of whom the Foreign and Commonwealth Office estimates about 112,000
hold British Dependent Territories citizenship. Indeed, the Dependent
Territories Association noted by way of example that only about
19,000 of the Cayman Islands' resident population of 33,600 is
Caymanian.[27]
17. The Foreign and Commonwealth
Office has told us[28]
that there is "great interest in full UK citizenship in those
territories which do not have it, or where it is not at present
an option, but only on the basis of non-reciprocity." The
Dependent Territories Association considers that the general award
of full British citizenship would be "popular".[29]
However, not all Dependent Territories are seeking this concession;
the British Virgin Islands and the Cayman Islands,[30]
for instance, specifically do not do so.
Citizenship
and rights of abode
18. Citizens of the Dependent
Territories have, since the coming into force of the British Nationality
Act 1981, had the status of British Dependent Territories Citizens,
which carries no right of entry to or abode in the United Kingdom.
Visas are not required for visits to the United Kingdom of up
to six months, but are required for longer visits, whether for
work or study. British citizenship, on the other hand, would
confer a right of abode in the United Kingdom and rights in the
European Union consequent upon that status.
19. The arguments in favour
of British citizenship advanced to us to date appear to turn less
on questions of principle than on the removal of practical difficulties
presently encountered. These include:
- student tuition
fees, which are currently charged at the "overseas student"
rate;[31]
- the necessity of
obtaining leave to enter the United Kingdom at ports of entry,
which involves queuing with all other non-United Kingdom and non-European
Union citizens;[32]
- the visa-free access
arrangements between the United Kingdom and third parties, which
do not necessarily apply to British Dependent Territories citizens;[33]
- the fact that British
Dependent Territories citizens do not have the right to work in
the United Kingdom, in order, for example, to gain work experience
after a period of study.
20. Indeed, even some of
those who advocate the granting of British citizenship have made
clear that they expected the inherent right of abode in the United
Kingdom to be little exercised. Mrs Hopkins, the St Helena Government
Representative in London, told us:[34]
"From St Helena's point
of view I doubt very much whether very many Saints would want
to come to take up permanent residence in the United Kingdom.
We regard St Helena as home and the young people of the island
have made it quite clear that they wish to see the island develop
rather than coming to England to develop their skills here. They
would like access, they would like the ability to move freely."
The Leader of the Opposition
in the Turks and Caicos Islands commented "Few TCI citizens
will avail themselves of the opportunity to take up residence
in Britain as a result of....citizenship."[35]
21. Baroness Symons told
us that the granting of British citizenship to citizens of the
Dependent Territories would need to be considered interdepartmentally.[36]
We consider that this matter raises a number of important questions,
which include:
- whether it would
be right, in principle, to consider citizenship for British Dependent
Territory citizens so soon after the return of Hong Kong to China,
the then Government having declined to extend British citizenship
to virtually all the Hong Kong citizens who held BTDC status;
- whether citizenship
should be granted across the board, or considered on a territory-by-territory
basis;
- whether there should
be reciprocity;
- whether the granting
of United Kingdom citizenship or right of abode, particularly
to citizens of the more isolated or economically depressed Dependent
Territories, would lead to a risk of depopulation and in particular
the loss of younger, more highly skilled and economically active
members of the population, creating a downward spiral of economic
decline.
22. On the question of principle,
Baroness Symons considered that the citizenship issue was still
sensitive because of Hong Kong, despite the handover.[37]
Fiona Mactaggart MP considered that Hong Kong was in a separate
position, as the vast majority of its citizens had always been
considered by the authorities in Beijing to be Chinese citizens.[38]
Lord Waddington considered that it would have been impracticable
to grant free entry into the United Kingdom to 3.5 million citizens
of Hong Kong when the government of the latter was about to cease
to be a British responsibility, but did not see this as an impediment
to doing "what is right and what we clearly can as a matter
of practicality do to ease the lot of the comparatively few people
living in territories for which we do have a responsibility."[39]
23. As to whether the question
of British citizenship should be addressed across the board or
on a territory-by-territory basis, Baroness Symons was reluctant
to be drawn. She stated that this was a matter for the Secretary
of State to consider in the context of the Review.[40]
She recognised that there would be resentment if different territories
were treated differently.[41]
24. Most of the Dependent
Territories supporting the idea of British citizenship for their
citizens were opposed to reciprocity, arguing that the fragility
of their societies would make it difficult to absorb substantial
numbers of incomers. As the Legislative Councillors of the Falkland
Islands put it, "There would be little point....for the right
to citizenship being traded for the loss of identity."[42]
Lord Waddington pointed out that reciprocity had never been an
element in relations between the United Kingdom and Bermuda.[43]
Baroness Symons was of the view that reciprocity needed to be
considered in the wider context.[44]
25. Baroness Symons agreed
that questions of depopulation would need to be considered,[45]
but was not of the opinion that the grant of citizenship would
result in a huge outflow from the Dependent Territories to the
United Kingdom.[46]
She conceded that "I believe that the pressures in some
islands will be quite strong where there are great economic difficulties",
but made clear that this would not be a factor in deciding whether
a particular Dependent Territory gained the right to citizenship.[47]
Fiona Mactaggart MP[48]
and others[49]
maintained that those in the better-off Dependent Territories
(such as Bermuda and the Cayman Islands, which between them account
for some 100,000 of the 160,000 inhabitants of the Dependent Territories)
were much less likely to want to uproot themselves. Mr Russell,
of the Dependent Territories' Association, commented "We
are not going to get a flood of people from dependencies if they
are granted British citizenship."[50]
26. However, we note the
concerns which have been expressed about the lack of opportunities
for young people in some Dependent Territories[51]
and the consequent risk of damage to the social fabric should
significant emigration on economic grounds occur. The strengthening
of local economies - in the less prosperous Dependent Territories
at least - may be relevant to consideration of the question of
citizenship.
27. The extension of
British citizenship to all citizens of Dependent Territories would
undoubtedly raise very substantial questions, and we do not propose
to make recommendations at this interim stage. We understand
the Review is to address the issues involved, and we shall look
carefully at its conclusions on these matters.
Practical
alternatives
28. As we note in paragraph
19 above, it is practical benefits which would accrue from British
citizenship, rather than the question of principle, which appear
to lie behind pressure for it to be granted. We believe that
many of these practical problems can be addressed independently
of the question of citizenship, and indeed believe that they should
be.
29. One question which appears
to cause considerable resentment is the treatment at United Kingdom
points of entry (principally airports). Lord Waddington, a former
Governor of Bermuda, commented that the vast majority of white
Bermudians of Anglo-Saxon descent have British citizenship but
the vast majority of black Bermudians do not.[52]
He added:
".... At Gatwick
the whites go through the British and EU Channel. The black Bermudians,
even Premiers and Cabinet Ministers, are lumped in with the foreigners
and queue to obtain leave to enter. It is scarcely surprising
that this causes immense resentment and black Bermudians simply
cannot understand why as a matter of common courtesy those for
whom Britain has a responsibility [belonging as they do in a British
Dependent Territory] are not treated as favourably as foreigners
for whom Britain has no responsibility."
Baroness Symons accepted that
apparently discriminatory treatment of Dependent Territories citizens
"gives rise to understandable feelings of resentment".[53]
She considered that these could be addressed without granting
full citizenship and that the Review would address such points.[54]
30. It is clear that many
Dependent Territories would welcome greater opportunities for
education and training in the United Kingdom, and greater opportunities
to gain work experience. In this context, we were pleased to
note the Government's recent increase in the number of work permits
to be made available to residents of St Helena and Tristan da
Cunha.[55]
This, as Baroness Symons made clear, "in no way undercuts
the position about citizenship as part of this review".[56]
Lord Waddington and others,[57]
for example, drew attention to the problems caused in Bermuda
by the inability of Bermudians - particularly black Bermudians
- to get work experience in a wider environment.
31. Several Dependent Territories
mentioned difficulties occasioned by the need to obtain visas
to visit other Member States of the European Union.[58]
We recommend that this issue, together with the question of
the visa regime for Dependent Territory citizens visiting the
United Kingdom, be included in the Government's Review.
32. We welcome the undertaking
given by Baroness Symons that the Review will address practical
difficulties relating to access to the United Kingdom.[59]
We urge the Government also to address the other difficulties
which we have highlighted, particularly in relation to education
and training and opportunities to gain work experience. These
matters are vital to the continuing economic health of some Dependent
Territories, for which the United Kingdom has an ongoing responsibility.
14 Director, Americas, Foreign and Commonwealth Office. Back
15 Q171. Back
16 Q173. Back
17 Ev. p. 26. See also Q169-171, 173 and 175. Back
18 Q172-173. See also Q179. Back
19 Q173-174. Back
20 See also Q107, 178 and Appendix 18, p. 80. Back
21 Q106, 120-123 and Ev. p.27. Back
22 Appendix 4, p. 50 (Bermuda Government), Appendix 5, p. 51 (Bermuda Progressive Labour Party), Appendix 6, p. 56 (Pitcairn Island), Appendix 7, p. 56 (British Virgin Islands Government), Appendix 8, p. 59 (Gibraltar Government), Appendix 9, p. 60 (Gibraltar Progressive Labour Party), Appendix 10, p. 65 (Leader of the Opposition, Turks and Caicos Islands), Appendix 11, p. 68 (Cayman Islands Government), Appendix 12, p. 69 (Falkland Islands Legislative Councillors) and Appendix 14, p. 73 (Chief Minister, Montserrat). St Helena representatives also gave oral evidence - see Ev. pp. 17-21, Q65-104 and Appendix 2, p. 44. Back
23 See also paragraphs 51 and 60. The International Development Committee reported on Montserrat in November 1997 in its First Report of Session 1997-98 (HC 267). Back
24 Q106. Back
25 See Q162. Back
26 Ev. p. 40. Back
27 Ev. p. 9. Back
28 Ev. p. 27. Back
29 Ev. p.9. See also Appendix 1, p. 44 and Appendix 13, p. 72. Back
30 Appendix 7, p. 57 and Appendix 11, p. 68. Back
31 See, for example, Q76-77, Appendix 4, p. 50, Appendix 7, p. 58. Back
32 See, for example, Appendix 3, p. 49, and Appendix 11, p. 68. Back
33 See, for example, Appendix 4, p. 50, Appendix 5, p. 53, Appendix 7, p. 58 and Appendix 11, p. 68. Back
34 Q60. See also Q66. Back
35 Appendix 10, p. 65. Back
36 Q156. Back
37 Q160-161, 163. Back
38 Appendix 13, p. 72. Back
39 Appendix 3, p. 49. Back
40 Q156. The House was, however, informed in December 1997 that the Government was considering "sympathetically" the question of British citizenship for Saint Helenians. See HC Deb, 10 December 1997, Vol. 302, Col. 999. Back
41 Q164. Back
42 Appendix 12, p. 69. Back
43 Appendix 3, p. 49. Back
44 Q146. Back
45 Q144. Back
46 Q141-142, 155. Back
47 Q141, 155. Back
48 Appendix 13, p. 72. Back
49 Q23. See also Q62. Back
50 Q59. Back
51 Q67. See also Appendix 6, p. 56. Back
52 Appendix 3, p. 49. Back
53 Q165. Back
54 Q166-168. Back
55 On 4 December 1997 the Goverment announced special arrangements establishing an annual quota for 30 St Helenians and 5 Tristan da Cunhans to seek employment in the United Kingdom. Back
56 Q140. Back
57 Appendix 3, p. 49 and Appendix 5, p. 53. Back
58 See, for example, Ev. p. 9, Appendix 4, p. 50, Appendix 5, p. 53, Appendix 7, p. 58 and Appendix 11, p. 68. Citizens of European Union countries enjoy visa-free entry to all Dependencies (Ev. p. 9). Back
59 Q165-168. Back
|
