The Prime Minister forwards to me the draft Aliens and Naturalization Bill (Imperial)⁽¹⁾ as amended by the Inter-departmental Committee after discussion by the Colonial Conference, and asks me to consider it and propose any alterations thought to be desirable.

The central feature of the Bill is to make naturalization an Imperial instead of a sectional matter. The qualification for naturalization is to be residence in His Majesty's Dominions and the effect of naturalization to confer to all intents and purposes the status of a natural-born British subject-without limitation to any part of the King's Dominions.

It is proposed that certificates of Imperial naturalization may be granted-(a) by the Secretary of State; (b) in a British possession by the law of which the conditions of naturalization are not less stringent than those required under Imperial law, by the Governor (meaning in Australia the Governor-General); (c) as regards any other British possession, by the Secretary of State on the recommendation of the Governor.

At the same time, it is not proposed to interfere with the existing power of a British possession to grant local privileges of naturalization within the possession.

With regard to the provisions of the draft Bill on this subject, I desire to make the following observations and suggestions:

The principle of Imperial as opposed to local naturalization appears to me to be entirely sound. It is anomalous that a person naturalized in one part of the Empire should apparently have the legal status of an alien when elsewhere. The exception due to the retention by the legislature of a British possession of the power to grant local privileges of naturalization within the possession appears to be unavoidable at present.

As regards the grant of Imperial naturalization in a British possession, there are two sets of provisions-(a) for possessions as to which the Order in Council under clause 26 of the Bill is in force, and (b) for possessions as to which no such Order in Council is in force.

1. The Order in Council can only be given where under the law of the possession the conditions to be fulfilled by aliens with respect to naturalization are substantially the same as under Imperial law. In such a possession the Governor may give to a person naturalized in that possession a certificate of Imperial naturalization. This appears unnecessarily complicated. I cannot see any adequate reason for requiring, as a condition precedent to the Order in Council, that the requirements of the local law should be not less stringent than those of the Imperial law. I can understand that the Imperial Parliament may not wish the Governor of a British possession to grant a certificate of Imperial naturalization to any person who has not in fact complied with the conditions of the Imperial Act; but that can be effected by a provision that the Governor should not grant such a certificate except to persons who had so complied.

Moreover, the Bill requires a person who desires a certificate of Imperial naturalization to take out first a certificate of local naturalization-which will of course be useless to him as soon as he has obtained a wider certificate. The double application appears to be cumbrous, and likely to cause confusion.

2. The only effect of the provision as to possessions where no Order in Council is in force appears to be that the application which might have been made to the Secretary of State direct under clause 7 may be made through the Governor of the possession.

I would suggest, in lieu of the provisions of clause 26, a provision to this effect: that the Governor of any British possession may, if thereto authorised by the law of the possession, grant a certificate of Imperial naturalization to any person who has in fact fulfilled the conditions required by Imperial law. This would dispense with the Order in Council; dispense with the necessity for identity of conditions required by law for local and Imperial naturalization; and dispense with the necessity of double application-first for local and then for the Imperial certificate.

If the Imperial Government wish to retain control of the policy of issuing Imperial certificates, it might be provided that the discretion of the Governor should be exercised subject to Royal instructions. Naturalization in a colony would thus be subject-(1) to the limitations and safeguards imposed by Imperial law and policy; (2) to the limitations and safeguards imposed by the local law and policy.

As regards the effect of Imperial naturalization, I would point out that the Constitution and laws of the Commonwealth and also of the several States at present make certain distinctions between the rights of natural-born and naturalized subjects-mostly in the direction of requiring that the status of a naturalized subject should have been in existence for a certain number of years before he becomes qualified to hold high executive offices, to be elected as a Member of Parliament, to receive an old-age pension, etc. For example, sections 16 and 34 of the Constitution of the

Commonwealth require a member of the Federal Parliament to be a subject of the Queen either natural-born or for at least five years naturalized. Section 16 of the Invalid and Old-age Pensions Act 1908 of the Commonwealth disqualifies aliens and naturalized subjects who have not been naturalized for three years. Similar distinctions exist in the Constitutions and laws of most, if not all, of the States.

Whilst admitting the force of the contention that, if foreign nations are to be asked to recognize change of nationality due to naturalization, Great Britain should be prepared to grant to naturalized persons full rights of citizenship, it appears to me reasonable to require that the national status should have existed for a certain period before the naturalized person is qualified for certain high offices and for certain other privileges of citizenship; and I would suggest for consideration whether some provision might not be inserted similar to the proviso in section 8 of the Commonwealth Naturalization Act 1903, which is as follows:

Provided that where by any provision of the Constitution or of any Act or State Constitution or Act a distinction is made between the rights powers or privileges of natural-born British subjects and those of persons naturalized in the Commonwealth or in a State, the rights powers and privileges conferred by this section shall for the purposes of that provision be only those (if any) to which persons so naturalized are therein expressed to be entitled.

If the terms of that proviso are thought to be too wide, I would at least suggest a proviso which would save the right of any part of the King's Dominions to postpone the grant of full privileges of citizenship for a certain time.

I would also make the following minor suggestions:

Clause 26, sub-clause (4): In place of the words 'subordinate Governors' I would suggest some such phrase as 'local Governors'. The Governors of the Australian States are not in any sense 'subordinate' to the Governor-General.

Clause 28, sub-clause (2): It does not appear clear whether this clause applies when the foreign ship is not only in British territorial waters but is actually in a harbour of any part of the British Dominions.

[Vol. 7, p. 238]

(1) See the British Nationality and Status of Aliens Act 1914(Imp.).