Skip to main content

Human Rights

Volume 708: debated on Thursday 5 March 2009

Questions

Asked by

To ask Her Majesty's Government how they reconcile the fact that British nationals who are not British citizens do not have a right to enter the United Kingdom with the right of nationals to enter their country of nationality, set out in Article 3 of protocol four to the European Convention on Human Rights. [HL1300]

Only persons with the right of abode in the UK under Section 2 of the Immigration Act 1971, being British citizens and certain Commonwealth citizens, are free to enter and remain in the UK without being subject to immigration control.

British nationals without the right of abode do not enjoy a right as set out in the Protocol four of the European Convention on Human Rights. This is because the UK has signed but not ratified Article 3 of Protocol 4 to the European Convention on Human Rights. The protocol was signed in 1963 but not subsequently ratified because of the potential conflict with our domestic law in relation to the issue of British passports and the acquisition of a right of abode by categories of British nationals who do not currently have that right.

British nationals continue to be admitted freely to the United Kingdom on production of a United Kingdom passport issued in the United Kingdom and Islands or the Republic of Ireland prior to 1 January 1973, unless their passport has been endorsed to show that they are subject to immigration control. British nationals may also naturalise or register as a British citizen under the British Nationality Act 1981 and therefore acquire the right of abode in the UK under the Immigration Act 1971.

Asked by

To ask Her Majesty's Government whether they can refuse to pay the compensation awarded by the European Court of Human Rights to Mr Abu Qatada and others; and, if so, whether they will. [HL1617]

Her Majesty's Government are obliged under the European Convention on Human Rights Article 41 (just satisfaction) to pay compensation awarded by the European Court of Human Rights. Failure to pay the full amount of any such compensation, without good reason, would be a breach of our obligations under the convention.