The following notes on the British Overseas Territories Bill currently before the House of Lords in the United Kingdom have been issued by the Foreign and Commonwealth Office. They are intended as guidance for Members of Parliament and for the general public.

THE OVERSEAS TERRITORIES BILL

DETAIL

In March, 1999 the Government published a White Paper "Partnership for Progress and Prosperity" which laid the foundations for a new relationship with Britain's fourteen remaining overseas territories (Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, St Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus and the Turks and Caicos Islands). The White Paper was the culmination of a wide-ranging review of our relationship with the overseas territories. It set out an agenda for a new relationship, built on the fundamental principles of self-determination, the acceptance of responsibilities on both sides, and the greatest possible control for the people of the overseas territories over their own lives. It explained what each side expected of the partnership in areas such as good governance, constitutional reform, sustainable social and economic development, financial regulation and protection of the environment.

A cornerstone of the approach set out in the White Paper was the proposal to grant British citizenship to British Dependent Territories citizens (BDTC) in qualifying territories, to give proper recognition of their British connection and to lift the limitations, in terms of freedom of movement and immigration control, which BDTC status carries with it. The British Overseas Territories Bill is intended to fulfil that commitment.

SCOPE

THE CITIZENSHIP PROVISIONS OF THE BILL EXTEND TO ALL BRITISH DEPENDENT TERRITORIES CITIZENS (BDTCS) EXCEPT THOSE WHOSE STATUS DERIVES SOLELY FROM A CONNECTION WITH THE SOVEREIGN BASE AREAS ON CYPRUS, WHICH ARE EXCLUDED BY VIRTUE OF THEIR SPECIAL STATUS AS MILITARY BASES. RESIDENTS OF THE FALKLAND ISLANDS AND GIBRALTAR ALREADY HAVE OR ARE ENTITLED TO BRITISH CITIZENSHIP. WE DO NOT EXPECT IN THE FIRST INSTANCE ALL BDTCS IN THE OTHER TERRITORIES TO WANT TO APPLY FOR NEW PASSPORTS DESCRIBING THEM AS BRITISH CITIZENS. THE "TAKE-UP RATE" WILL VARY FROM TERRITORY TO TERRITORY AND ACCORDING TO CIRCUMSTANCE.

IT IS AS YET IMPOSSIBLE TO TELL HOW MANY PEOPLE WILL BENEFIT FROM THE BILL, ALTHOUGH ESTIMATES SUGGEST THAT AROUND 200,000 PEOPLE COULD BECOME BRITISH CITIZENS AT COMMENCEMENT. BEYOND THOSE WHO ALREADY HOLD BDTC PASSPORTS WILL BE OTHERS WHO WILL COME FORWARD AFTER COMMENCEMENT ON THE BASIS OF THE NATURALISATION OR REGISTRATION CRITERIA IN THE 1981 BRITISH NATIONALITY ACT. THERE IS IN ANY CASE NO COMPULSION ABOUT RETAINING BRITISH CITIZENSHIP. ALL THOSE WHO ARE GIVEN BRITISH CITIZENSHIP BY THE NEW ACT WILL RETAIN THEIR BDTC/BOTC STATUS. WE BELIEVE THAT MOST PEOPLE WILL WANT BRITISH CITIZENSHIP, BUT BRITISH OVERSEAS TERRITORIES CITIZENS, AS THE BILL PROPOSES BDTCS BE KNOWN IN FUTURE, WILL HAVE THE OPTION TO RENOUNCE BRITISH CITIZENSHIP, AND TO RETAIN THEIR CURRENT STATUS, SHOULD THEY SO WISH.

CONTENT

Most people living in the Overseas Territories are currently British Dependent Territories citizens. But terms such as dependent territory or colony are outdated and no longer appropriate. Clauses 1 and 2 of the Bill alter those terms in the British Nationality Act 1981 and will add a new definition of British overseas territory in the Interpretation Act 1978 so that that term can be conveniently used in all future legislation. As soon as the Bill has passed through Parliament and received Royal Assent clauses 1 and 2, which deal with the changes of name to British overseas territories and British overseas territories citizen, will take effect.

Clause 3 provides that British overseas territories citizens will automatically (last word underlined) become British citizens, with the right of abode in the UK, on commencement (last word underlined) of the citizenship provisions of the Bill. In other words, they will not have to apply for citizenship, although they will have to apply for a British passport to show documentary evidence of their new status, and to facilitate travel. The date of commencement has yet to be decided (see Timing).

Clause 4 provides for the acquisition of British citizenship by people living in the overseas territories after commencement of the legislation. There are of course many people living in the overseas territories who are not BDTCs. The provisions of clause 3 of the Bill do not apply to them. To qualify for British citizenship they would first have to apply for naturalisation or registration as British overseas territories citizens by connection with the territory in which they reside under existing nationality law as set out in the British Nationality Act 1981. If their applications are successful they will thereafter be free to apply for British citizenship. Except where British overseas territories citizenship is derived from a connection with Gibraltar (in which case the existing arrangements under the 1981 Act will continue to apply), there is no automatic entitlement to British citizenship for such people. The granting of British citizenship is at the discretion of the Home Secretary.

Clause 5 introduces Schedule 1 which further amends the 1981 Act so as to provide for acquisition of British citizenship for future generations having the requisite connections with any of the qualifying overseas territories (i.e. all except the Sovereign Base Areas).

British citizenship will mean that BOTCs who acquire it will have the right of abode in the United Kingdom and the right of free movement and residence, and with it the opportunity to work in European Union Member States. They will be able to visit friends and relations or travel for business or employment without being subject to immigration controls.

The right of abode is non-reciprocal. The territories which fall within the scope of the Bill are for the most part small islands. In consultations on the content of the Bill the governments of the territories concerned made clear that granting British and European citizens the right of abode in their territories would risk fundamentally altering the social, cultural and economic fabric of the territories. The Bill does not specifically mention reciprocity, but Baroness Amos gave an assurance during Second Reading (reported in Hansard) that the right of abode is non-reciprocal.

TIMING

The Bill was given First and Second Readings in the House of Lords on 21 June and 10 July respectively, and passed Committee Stage unamended (last word underlined) on 24 July, the day before the Lords rose for the summer recess. It is expected to be given a Third Reading in early October. Parliamentary managers will decide the timing of introduction to the House of Commons, but, if passed, the Bill is likely to receive Royal Assent by the end of the year or early next year, at which point the changes of nomenclature will automatically take effect. The citizenship provisions of the Bill will take effect on a date to be specified by the Secretary of State by statutory instrument, once satisfactory arrangements for processing passport and nationality applications including staff training are in place (in practice this is expected to be in early 2002).

Further information

Copies of the Bill and Explanatory Notes have been sent to all Overseas Territories. The texts are available from the House of Lords web site www.parliament.uk/pa/ld200102/ldbills/004/2002004.htm.

The Second Reading and Committee Stage debates on 10 & 24 July respectively are available from www.parliament.the-stationery-office.co.uk/pa/ld199900/ldhansrd/pdvn/ Tuesday/index.htm