July/August 2001

BRITSH O.T.s BILL PRESENTED

On Tuesday 10th July, Baroness Amos of the FCO presented the second reading of the British Overseas Territories Bill to the House of Lords

My Lords, I beg to move that this Bill be now read a second time. I am delighted that one of my first tasks as Minister for the Overseas Territories is to introduce to this House the British Overseas Territories Bill. The Bill seeks to fulfil a commitment to grant British citizenship, and with it the right of abode in the United Kingdom, to British Dependent Territories citizens in qualifying overseas territories.

Many of your Lordships will be familiar with Britain's overseas territories. There are 14 of them. They are Anguilla, Bermuda, the 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. They include some of the most prosperous and some of the most remote islands in the world. They range from the highly developed business, financial and tourist centres of some of the Caribbean territories and Bermuda to the pristine wilderness of Antarctica. They have many differences. But they have one thing in common: their link with Britain.

WHITE PAPER: PARTNERSHIP FOR PROGRESS AND PROSPERITY

In March 1999 the British Government published a White Paper entitled Partnership for Progress and Prosperity: Britain and the Overseas Territories. The White Paper was the culmination of a wide-ranging review of our relationship with the overseas territories. It laid the foundations 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 set out an agenda explaining what each side expected of the partnership in terms of support for good governance, sustainable social and economic development and protection of the environment.

Over the past two years, in close consultation with the territories, we have moved that agenda forward. The nature of our relationship has evolved in line with the principles in the White Paper, and we have made progress across a broad range of issues, including constitutional reform, human rights, the environment and financial regulation. An annual meeting of the Overseas Territories Consultative Council provides a forum in which Chief Ministers can to get to know their British ministerial counterparts and discuss with them, and with each other, common problems. The next meeting will be in September. Our relationship with the territories has changed, and continues to change.

BRITISH CITIZENSHIP FOR CITIZENS OF DEPENDENT TERRITORIES

A cornerstone of the new approach set out in the White Paper was the proposal to grant British citizenship to British Dependent Territories citizens in qualifying territories, to give proper recognition of their British connection and to lift the limitations which BDTC status carries with it. The Bill is a fulfilment of that commitment. The proposed citizenship provisions in the Bill apply to all territories except the sovereign base areas of Cyprus which are excluded by virtue of their special status as military bases.

We estimate that around 200,000 people could become British citizens on commencement of the Act. The number is an estimate because it is as yet impossible to tell exactly how many people will benefit. Nationality is a complicated area and beyond those who already hold British Dependent Territories passports will be others who will come forward after commencement on the basis of the naturalisation or registration criteria in the British Nationality Act 1981.

But I should make clear that there is no compulsion about acquiring British citizenship. We believe that most people will want it, but British Overseas Territories citizens, as the Bill proposes they be known in future, will have the option to renounce British citizenship, and to retain their current status, should they so wish.

CHANGE OF TERMINOLOGY: ‘OVERSEAS TERRITORIES’

The Bill at the same time formally changes the name of the territories to Overseas Territories, and British Dependent Territories citizens who live there to British Overseas Territories citizens. It is no longer appropriate to use terms such as dependent territory or colony, terms which are outdated and which fail to reflect the nature of our relationship and partnership with the overseas territories. The Bill alters 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.

Residents of the Falkland Islands and Gibraltar already have or are entitled to British citizenship, and we do not expect all BDTCs in other territories to want to apply for new passports describing them as British citizens. I have already said that those who prefer to continue with their British Overseas Territories passports will be free to do so. We expect the ‘take-up rates’ to vary from territory to territory and according to circumstance.

SPECIFIC PROVISIONS OF THE BILL

Let me explain more fully the effect of the Bill and the timeframe we envisage. Most people living in the overseas territories are currently British Dependent Territories citizens. 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. At that point all references to the territories will be formally changed. I say ‘formally’ because the description ‘overseas territories’ is already in common usage. Clauses 1 and 2 deal only with changes of name and involve no substantive change of law.

Clause 3 explains how British Overseas Territories citizens will automatically become British citizens, with the right of abode in the UK, on commencement 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 will be decided by my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs by statutory instrument, once we are satisfied that the practicalities for implementation of the citizenship provisions are in place. We need, for instance, to ensure that arrangements for passport issue are agreed and that the staff who will deal with passport and nationality questions are properly trained.

Clause 4 explains how British citizenship can be acquired 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 the new legislation do not apply to them. To qualify for British citizenship they would first have to qualify for British Overseas Territories citizenship by connection with the territory in which they reside under existing nationality law as set out in the British Nationality Act 1981. If their application is successful they will thereafter be free to apply for British citizenship. There is no automatic entitlement to British citizenship for such people. The granting of British citizenship is at the discretion of the Home Secretary. That is the effect of Clause 4 of the Bill.

Clause 5 further amends the 1981 Act so as to provide for acquisition of British citizenship for future generations having the requisite connection with any of the qualifying overseas territories. British citizenship will mean that British Dependent Territories citizens 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. In short, my Lords, they will have the same rights as you or I. They will be able to visit friends and relations or travel for business or employment without being subject to immigration controls. I know that this has long been a bone of contention. BDTCs have never seen it as fair that they should be subject to immigration control and have to pass through the non-EU channel on arrival at UK ports and airports.


QUESTIONS & ANSWERS REGARDING BRITISH CITIZENSHIP

Question 1

When will the new citizenship rules take effect?

The change of name from British Dependent Territories Citizen to British Overseas Territory Citizen will happen on the day that the new law receives Royal Assent. The law will give UK Ministers the power to specify the date (or dates) on which the other citizenship provisions will come into force. The delay will only be as long as necessary to ensure that all the practical arrangements - for example, for issuing passports - are in place.

Question 2

Who will get British Citizenship automatically?

All those who are British Dependent Territories Citizens at the time the new law comes into force, except for those whose British Dependent Territories Citizenship derives solely from a connection with the Sovereign Base Areas of Cyprus. Afterwards they will be able to transmit their British Cizenship to their children automatically, in the same way as they can transmit their BDTC at present.

Question 3

Will I have to apply?

No - not if you are a BDTC already. The only people who will need to apply are those who aquire BDTC (to be renamed BOTC) by naturalization or registrartion after the new law comes into force.

Question 4

Will BDTC status be abolished once British Citizenship becomes available?

No, BDTC is being renamed BOTC, but the two statuses will be similar.

Question 5

Will I loose my British Dependent Territories Citizenship (BDTC)?

No, it will be possible for people in the territories to hold BOTC and British Citizenship concurrently. For those who do not wish to take up British Citizenship, they can let it lie dormant. If at a later stage they wish to show that they have British Citizenship (for instance by obtaining a BC passport) they will be able to do so. It is anticipated that the majority of people will hold one passport, indicating both citizenships.

Question 6

How will BDTCs go about getting a British Citizen's Passport?

The information abvout passport application and issuing procedures will be published at a later date as details are still being finalised.

Question 7

Will my children get British Citizenship?

Yes - if they are BDTCs now.
In addition, any future children born to British Citizen parents will automatically be British Citizens if they are born in an Overseas Territory or the U.K. If born outside an O.T. or U.K. they will be British Citizens if they have a parent who is a British Citizen otherwise than by descent. There are also going to be provisions whereby non British Citizen children can acquire the status by registration.

Question 8

Is an illigitimate child entitled to British Citizenship?

If the child is a BDTC when the new law comes into force, he or she will then automatically aquire British Citizenship. However, the status of the illegitimate child born after the new law comes into force will depend on the status of the mother (as currently happens with BDTC).

If the mother is not a British Citizen she will not be able to transmit the status to a child born outside the O.T.s or the U.K. If the father of an illegitimate child is a British Citizen, and there is evidence of paternity - for example, the father's name appears on the child's birth certificate - it may be possible to register the child as a British Citizen.

Question 9

Does a child adopted in a territory get British Citizenship?

If the child is BDTC when the new law comes into force, he or she will then automatically acquire British Citizenship.

A child adopted afterwards, who is not already a British Citizen will automatically acquire British Citizenship at the time of adoption if at least one of the adopters is a British Citizen and the adoption order is made by a court in the U.K. or in any of the qualifying O.T.s.

Question 10.

If I were a BDTC living in a different O.T. to the one in which I was born will I be entitled to British Citizenship?

Yes, provided that your BDTC does not derive solely from the Sovereign Base Areas in Cyprus, the new law will apply to you wherever you are living.

MORE QUESTIONS ANSWERED IN THE NEXT EDITION.


NATIONAL HURRICANE ADVISORY BOARD MEETS

In early July, the National Hurricane Advisory Board met at the Emergency Department in St. Johns to review the preparations for the 2001 hurricane season.

The meeting was chaired by H.E. the Governor, Mr Tony Longrigg and featured reports from a wide cross section of agencies on their hurricane readiness. These included Government Departments, MONLEC, Cable & Wireless, Montserat Water Authority, Radio Montserrat, the Port & Heliport, The Police & Defence Forces, The Montserrat Red Cross and the Hospital.

It was reported at the meeting that a Resident's Guide to the Hurricane Season has been printed and is currently being circulated. The official list of hurricane shelters for 2001 was presented to the meeting and is shown below. Everyone on island is asked to determine where their closest Hurricane Shelter is located in the event of an emergency.

OFFICIAL HURRICANE SHELTERS FOR 2001

The official hurricane shelters (from north to south) are:

Judy Piece Methodist Church
Look-Out School
St John's Anglican Church
St John's Church of God of Prophecy
St John's Emmanuel Apostolic Church
Davy Hill Pilgrim Holiness Church
SDA Mongo Hill Shelter
Cavalla Hill Methodist Church Education Centre
Cavalla Hill Methodist Church Emergency Shelter
Brades Primary School
Brades Pentecostal Church
St Peter's Anglican Church
St Peter's Old School
Rocklands Hideaway
Salem Campus MSS
Salem Primary School
Salem Catholic Church (basement)
Salem Adventist Church (downstairs)

The local church bells will sound when hurricane shelters are open and ready to receive people.

Hurricane shelters are for short stay only (48 hours), please walk with non-perishable food & water to last for this period.

No pets are allowed in shelters.

There is no smoking or drinking in shelters.

Please follow all shelter rules and the instructions of officials.

For further information on shelters please contact your District Committee Chairman, these are:-

SALEM: Kenrick Harewood (491 5423)
St. PETER'S: John Jeffers (491 5959)
CUDJOE HEAD: Charles Ryan (491 2828)
ST. JOHN'S: Hyacinth Bramble (491 2412)
LOOK-OUT: Kenneth Lee (491 3947)

or contact the Emergency Department at 491 7166.


RFA GOLD ROVER VISITS


The Royal Fleet Auxiliary (RFA) Gold Rover paid a courtesy call to Montserrat during the weekend commencing Friday 13 July.

The vessel, commanded by Captain Ian Johnson supports the West Indies Guard Ship in the region and together they form the North Atlantic Patrol Task Force.

RFA Gold Rover has visited Montserrat several times before and on this occasion Captain Johnson met with H.E. the Governor, Mr Tony Longrigg, representatives of the Government of Montserrat and with Emergency Department officials.

The crew were given shore leave during their visit and took part in a football match and in a fun run over the weekend.


HEAVY RAIN LEADS TO MUDFLOWS & DOME COLLAPSE



Heavy overnight rain on Saturday 28 July extending into the following day caused a major collapse of the dome on Sunday 29 July.

The Belham Valley area saw flooding and mudflows
and major ashing covering most of the island commenced mid Sunday afternoon. In the early evening Montserrat Volcano Observatory (MVO) staff saw their instruments indicating major pyroclastic flows from the dome. It was later confirmed that the flows were, for the most part, down the Tar River Valley.

Hundreds of inhabitants drove over to Jack Boy Hill in the east to watch the flows from the safety of the vantage spot there. They witnessed what was described as a "spectacular light show" as pyroclastic flows going down Tar River reached the sea at the delta of the valley. The flows were accompanied by thunder and lightning with loud roaring sounds coming from the dome.

Iles Bay Hill, Old Towne, Olveston, Salem and its environs, Woodlands and St Peters saw major ash falls with clasps of pumice falling on roofs, quickly turning in to mud with all the heavy rain. In addition, there were reports of ashfalls in several neighbouring islands.

On Monday morning, clean up crews were hard at work cleaning up the worst effected areas but everyone was being warned to wear their dust masks during the clean up and in general for the next few days as there are large amounts of suspended ash in the atmosphere.

Meantime the MVO isssued the following release:

ERUPTION OF THE SOUFRIÈRE HILLS VOLCANO, MONTSERRAT: 29 JULY 2001

On 29 July, Montserrat experienced an eruption of the Soufrière Hills volcano. This consisted of a partial collapse of the lava dome that has been actively growing in the summit region of the volcano during recent years. The collapse generated pyroclastic flows which travelled down the eastern flank of the volcano and entered the sea. At the same time a column of ash was carried to the northwest away from the island on the prevailing wind, reaching the Virgin Islands and Puerto Rico, where light ash falls were experienced. The sequence of events that occurred is as follows:

Montserrat experienced stormy weather with heavy rainfall throughout the day of 29th July. From about 15.00 Hrs onwards there were a series of mudflows down the Belham River, which peaked in size between 16.00 and 17.00 Hrs. These consisted of floods of muddy water. At about the same time, ash began to fall with the rain in the northwest of the island.

Shortly after 17.00 Hrs observers at Jackboy Hill reported pyroclastic flows passing down the Tar River Valley on the eastern flank of the volcano. Observers at Vue Pointe on the western side of the island reported a continuous dense plume of ash travelling westwards on the prevailing wind.

Pyroclastic flow activity in the Tar River Valley increased gradually over the next few hours, and by about 18.30 Hrs flows had reached the sea. There was a peak in pyroclastic flow activity and related seismic activity at 19.49 Hrs, which was followed shortly after 20.00 Hrs by substantial falls of ash over the residential areas of Salem and Olveston in the north-west of the island. This was accompanied for a short period by sporadic falls of small "stones". Pyroclastic flows continued for several more hours down the eastern flanks of the volcano, with a second peak in activity occurring shortly after 22.00 Hrs, when a large flow entered the sea and extended out from the shore for half a kilometre or more. Shortly after this, there was a second report of small "stones" falling in the Salem area. From this time onwards activity generally declined, and by about midnight seismic activity and pyroclastic flow activity had returned to a low level. Intense thunder and lightning were associated with the eruption, due to static electricity generated by the clouds of ash.

An observation flight at mid-day on 30th July indicated that activity had been confined almost entirely to the eastern flank of the lava dome, where a large scar-like feature had been cut as a result of the sustained collapse of the night before. Intense steaming was seen where the flows had entered the sea, and numerous charred and burnt tree trunks were seen floating in the sea.

The Soufrière Hills volcano is situated in an exclusion zone in the south of the island, away from the population which lives in the north. A maritime exclusion zone exists around the southern part of the island and extends two miles beyond the coastline.


 


ECS BRITISH TOUR HUGE SUCCESS


 


The Emerald Community Singer's (ECS) July tour of the British Isles, funded by a grant from the Cultural Relations Department of the Foreign & Commonwealth Office with support from the Government of Montserrat, was a huge success.

The 21 member strong group toured the length and breadth of England performing at a wide variety of venues
and in addition paid a one day visit to the Isle of Man.

The tour was in three main parts, week 1 saw performances in the south of England, week 2 in the London area and week 3 in the north and midlands. The group stayed at the University of Brighton, the University of Kent at Canterbury and at Lancaster University. In all they drove some 2500 miles during the tour.

During the first week they performed two concerts in Sussex, sang at a church service in Hove and made four school appearances to children in the Brighton area. During this week they appeared on BBC TV primetime news and also on BBC radio.

In the second week they appeared at the Canterbury Street Theatre Festival, at the prestigious Royal Commonwealth Society in London, at the Haringey IrishCentre in North London where they had a mainly Montserratian audience, plus they appeared in schools and had an audience with the Lord Mayor of Haringey who hosted a reception for them. They finished the second week by appearing in the Jubilee Room at the Houses of Parliament at a reception hosted by MP Dianne Abbott.
The third week saw a hectic round of concerts in Leicester, Birmingham & Preston for the Montserrat communities based there, in Grange-over-Sands, Heysham and the appearance in the Isle of Man as guests of the IOM Arts Council.

Altogether in the three weeks of the tour they made 19 appearances to full houses and chearing audiences. The tour was to celebrate the 30th anniversary of the group.


 

NEW FOOTBALL FACILITY ANNOUNCED

On 26, July 2001 The Montserrat Football Association unveiled their plans for a new football development facility in Blakes, and later had a ground breaking ceremony on site.

On island for the occasion were Mr Austin (Jack) Warner the FIFA Vice President, Mr Harold Taylor, General Secretary CFU, Mr Keith Lookloy, FIFA Development Officer, Mr. Vijay Siew, Project Consultant, Mr Gregory DeGannes, Manager of Antigua Commercial Bank - the bankers for the project, and Miss Pat Modest, personal assistant to Mr Warner. Earlier in the day, the delegation paid a courtesy call on H.E. the Governor, Mr Tony Longrigg at Lancaster House.

 

The project , whose first phase is estimated to cost in excess of US$800,000 is being funded from FIFA's Goal Project, the Montserrat Football Association (MFA) and the Government of Montserrat. Work on the first phase is expected to be completed by the end of this year. This includes purchase of the land, construction of playing field, access roads, water and the erection of a secure perimeter fence.

At an unveiling ceremony held at Tropical Mansions Suites Hotel, Mr Vincent Cassell, the president of the MFA, said that "Today sees the start of a dream come true". In reply, Mr Warner said that the new facility will be state of the art and a positive plus for Montserrat's future development.

The contractors for the new facility are Wall Construction in association with K.T. Engineering Consultants.