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Sir Nicholas Lyell: The Home Office knows all about that.
Mr. Straw: That is true. However, we end up being judicially reviewed more regularly than some other Departments because of the nature of our business. It is right that we should be reviewed more regularly, as we are daily dealing with crucial issues of the liberty of the subject. I personally have no difficulty about the fact that the quasi-judicial decisions that I have to make--like the decisions that the former Attorney-General had to make--have to be made with very clear application of the law and judicial review.
Judicial review and many other remedies have been developed, and the Government believe that the courts will be imaginative in developing other remedies if they are needed. If--as I do not think will happen--there turns out to be some gap in the remedies, the safeguard is that it will be possible for litigants to go to Strasbourg, where article 13 will arise.
I do not want to go into too much detail about the Turkish case, except to say that it involved the most extraordinary allegations of failure against the Turkish
police, failure on a scale that no one could conceive would apply in this country. The case involved the killing of civilian by a Turkish police officer and the almost total and wilful failure of the Turkish authorities to investigate. It is impossible to conceive of such a circumstance arising in this country. We considered the matter carefully but do not believe that we lose anything by the omission of article 13. Indeed, we think that there could be problems if we included it.
Mr. Edward Leigh (Gainsborough):
I apologise to the Home Secretary for intervening at the last gasp, but I do so on a narrow point that the Plymouth Brethren have asked me to put to him. The Plymouth Brethren occasionally have to exclude members, and they want a reassurance that, under clause 6, they will not be considered "a public authority". The Home Secretary kindly gave that reassurance in a letter to me on 25 June, but the Brethren would be grateful if he could confirm it on the Floor of the House.
Mr. Straw:
Yes, I can. I am smiling because I have very good relations with the Exclusive Brethren in my constituency
Mr. Bob Russell (Colchester):
That is the old brethren.
Mr. Straw:
The old Labour Member for Colchester (Mr. Russell) said that from a sedentary position.
In the debate on 20 May this year, I stated:
We have had a very interesting debate. I am grateful to all hon. Members who have contributed, and I look forward to the Bill receiving its Third Reading.
Question put and agreed to.
Bill read the Third time, and passed, with amendments.
Motion made, and Question proposed, That this House do now adjourn.--[Mr. Betts.]
Mr. Bob Russell (Colchester):
The people--
Mr. Deputy Speaker (Mr. Michael J. Martin):
Order. An hon. Member is addressing the House. Other hon. Members should leave the Chamber quietly.
Mr. Russell:
The people of the island of St. Helena are not asking for anything new; they simply want restored to them the status which they enjoyed until it was shamefully removed by the previous Government under the British Nationality Act 1981. With citizens of other British dependent territories, they had the door slammed in their faces. They had their full British citizenship taken away, and found that they were no longer welcome as full members of the British family. Loyalty to the Crown and to Britain counted for nothing. There were rejected in a cynical move which embraced them and others from a handful of small British communities in various parts of the world in order to justify the introduction of legislation to stop people from Hong Kong coming to Britain.
St. Helenians have always and only been British. They have British nationality but not full citizenship, which makes them second-class citizens. The islanders seek full British citizenship status, a restoration of their ancient rights granted by the British Crown. I look to the present Government to put right the wrong of a previous Government and end the years of rejection and dejection experienced by the Saints, as residents of St. Helena are generally known.
The British dependent territories have a combined population of around 160,000, but tonight I shall confine my comments to the plight of those who reside on St. Helena. The island's entire population of some 5,500 could be accommodated in Colchester United's football stadium, with room to spare.
Not all the 13 populated territories seek what St. Helena is asking. I understand that some are content with their current status. I hope that tonight the Minister will give a commitment that, sooner rather than later, and certainly in time for the new millennium, the Saints will be able to rejoice in the restoration of their previous status of full British citizenship.
The door is currently locked. Recent speculation that perhaps the present Government are to open it is welcome, but is it true? It is not enough simply to say that the key has been found. The door needs to be unlocked and swung wide for the Saints to be invited back to where they rightly belong, to the status they had until 17 years ago--not so much marching in, but rather as members being welcomed back into the British family home whenever they are this way.
Is it seriously suggested, regardless of the previous Government's motives, that the restoration of full British citizenship to 5,500 residents of the island of St. Helena will somehow create difficulties for Britain? It is an insult and nonsense even to contemplate a single practical difficulty or justification to maintain the outrage that has existed since 1981.
I hope that the Minister will find her previous duty as Prisons Minister to be of help in considering releasing the Saints from the sentence of exile imposed on them by the Thatcher Government. She will, of course, be aware that Napoleon's exile is St. Helena's most historic claim to fame: while Napoleon would dearly have loved to leave the island for good, the vast majority of today's island residents do not wish permanently to leave their home in the south Atlantic, but seek simply the right to regain their status as full British citizens so that they can freely travel to Britain and return.
The St. Helena Government representative in London, Mrs. Catherine Hopkins, told the Foreign Affairs Committee on 18 November last year:
To continue with the maritime theme, by one of those happy coincidences, today is Trafalgar day. Admiral Nelson was renowned for turning his blind eye. For 17 years, the British Government have been guilty of a double Nelson--closing their eyes and ears to the people of St. Helena. The time has come for Britain to stop wrestling with its conscience, and I look to the present Government to give St. Helena a fair break.
Napoleon would no doubt be amused that today a citizen of France has easier access to Britain than do residents of the British dependent territory of St. Helena. St. Helena is not the only island in the south Atlantic with British roots. Indeed, had it been invaded by Argentina as the Falkland Islands were in 1982, presumably it too would have had the British Nationality Act 1981 amended to release its residents from their current second-class status. They would also have benefited from massive sums of British Government aid, as the Falkland islanders have for almost two decades. St. Helena's only ship, the RMS St. Helena, was called in to support Britain in the Falklands conflict, with Saints volunteering to be part of the crew.
Britain has a moral duty to the island of St. Helena. In fairness, aid is given, but the amount is nothing like that given to the Falklands, which has a population less than half that of St. Helena--but then, St. Helena does not have oil.
I first took a deep interest in St. Helena--a small island with an area of just 47 square miles, 4,400 miles from Britain and situated midway between Africa and South America--when a constituent wrote to me. His grandfather was born on the island. Perhaps a more fitting reason for the strong links being established between Colchester and the island is that the patron saint of Colchester is St. Helena--same spelling, but different pronunciation. One of the town's secondary schools,
which I and my family attended, is called St. Helena, as is the town's hospice. There is a statue of St. Helena on top of the town hall tower--the highest building on the skyline. St. Helena is a saint from Roman times, and Britain's first Roman capital was Colchester.
In June this year, a delegation of legislative councillors from St. Helena was welcomed to Colchester by the mayor. The official visit included a tour of St. Helena school and local craft workshops, which the Saints see as the type of business activity they need to help the island's economy. From January last year until July this year, a Colchester-based company, International Management Consultants Ltd., assisted the Government of St. Helena with its accounting systems and related matters. The current bishop of St. Helena has a sister who lives in a north Essex village not far from Colchester. I am aware of contacts between individual residents of Colchester and islanders. There are high hopes of establishing links between the island and St. Helena school.
The island of St. Helena was discovered by the Portuguese on 21 May 1502--St. Helena day. The English followed in 1588, but not until 1658 was it colonised, becoming a Crown colony in 1834. Britain settled St. Helena with British people, and brought in other ethnic groups who were integrated into the British community. The local population has no nationality other than British. Rights to full British citizenship were confirmed by royal charter in 1673. Islanders enjoyed those rights for more than three centuries, but the British Nationality Act 1981 removed them, making the islanders second-class citizens, and virtual prisoners on their own island.
"the regulation of divine worship"--
and I mean regulation--
"the administration of the sacrament, admission to Church membership or to the priesthood"--
obviously, the term "admission" covers non-admission and exclusion--
"are, in our judgment, all private matters."--[Official Report, 20 May 1998; Vol. 312, c. 1015.]
It could not conceivably be asserted that, when it comes to questions of discipline, the Plymouth Brethren or the Exclusive Brethren are standing in the place of the state. I am therefore happy to give the hon. Gentleman the reassurance that he seeks.
9.12 pm
"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. They would like access, they would like the ability to move freely."
She added:
"The idea that 5,500 St. Helenians are going to uproot themselves and come to Britain, where they would be very easily absorbed into the community is just ludicrous. There is no way it would happen."
The vessel RMS St. Helena is currently moored at Cardiff, and tomorrow evening it makes its somewhat infrequent sailing from the UK to the island. It would be nice if the captain could take a message of hope with him from tonight's debate.
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