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Abstract
The 1971 Immigration Act constitutes the most important piece of legislation for the regulation of immigration to Britain. Many assume that the Act was simply a further extension of the restrictive measures established over the post-war period to end non-white immigration. Based on original archival material, I argue that the Act was established in reaction to the dilemma the government faced as a result of joining the European Economic Community and the free movement of workers against Commonwealth migrants. The Act represents the final dismantling of universal Commonwealth citizenship and, in this sense, a definitive acceptance of the end of the Empire.
Notes
1. Freeman, “Commentary,” 297.
2. HM Government, The Coalition, 21.
3. Paul, Whitewashing Britain; Hampshire, Citizenship and Belonging.
4. Hansen, Citizenship and Immigration.
5. Hampshire, Citizenship and Belonging; Hansen, Citizenship and Immigration; Hansen, “The Kenyan Asian”.
6. Collected between 2009 and 2012 from the National Archives, Kew London.
7. For example, guest worker programmes in Germany; Layton-Henry, Politics of Immigration, 12.
8. Hansen, Citizenship, 4.
9. See Paul Whitewashing; Spencer British Immigration; Hampshire Citizenship and Belonging; Messina Race and Party; Layton-Henry, Politics of Immigration.
10. Small and Solomos, “Race and Paradigms,” 237.
11. May, “Commonwealth,” 83.
12. Hampshire, Citizenship and Belonging.
13. Ibid., 9.
14. Carter et al., “Racialization,” 142.
15. Parliamentary Debates (commons) (532), col. 827, 5 November 1954.
16. Dean, “Coping with Colonial,” 317.
17. Approximately 2000 black UK and Colonies arrived each year between 1948 and 1953, in contrast to estimates of 30,000–50,000 Irish immigrants per year and by 1950 almost 74,000 European workers, Carter et al., “Racialization,” 147.
18. Layton-Henry, Politics, 28.
19. Political and Economic Planning, ‘Population Policy in Great Britain’, 1948.
20. Spencer, British Immigration Policy, 31.
21. Ibid., 8.
22. Carter et al., “Racialization,” 147.
23. Layton-Henry, Politics of Immigration, 13.
24. TNA CAB 128/35, CC (61) 29, 30 May 1961.
25. Hampshire, Citizenship and Belonging, 29.
26. Layton-Henry, Politics of Immigration, 12.
27. TNA, HO 344/42, Letter to Minister of State, 9 November 1961; TNA, HO 344/42, Letter to Sir Charles Cunningham on issue of overcrowding, 9November 1961.
28. TNA HO 344/193, ‘Commonwealth Immigration-1967’, Press Notice, undated.
29. TNA, CAB 128/43, CC 68 (13), 15 February 1968.
30. TNA, CAB 128/43, CC (68) 14, 22 February 1968.
31. Ibid.
32. Hansen, “Kenyan Asians,” 821.
33. Saggar, Race and Representation.
34. Geddes, The Politics of Migration.
35. Hansen, Citizenship, 190.
36. Craig, British Manifestos, 127.
37. Layton-Henry, Politics, 84.
38. Studlar, “Policy voting,” 46.
39. TNA CAB 129/154, cp (70) 126, 31 December 1970.
40. Ibid.
41. Home Office, Immigration Act 1971, 2.
42. Hansen, Citizenship, 195; With the exception of the special voucher scheme, whereby those who are not partial may be admitted for settlement if they retrieve a special voucher issued by a British Government representative overseas. This mainly applied to those CUKC’s affected by the Africanisation policies; Those Commonwealth citizens who had resided in the UK for five years could apply for registration.
43. Cohen, “Shaping,” 365.
44. Hampshire, Citizenship, 39.
45. Paul, Whitewashing, 181.
46. Spencer, British Immigration, 143.
47. TNA: HO 344/63, ‘Summary of Commonwealth Immigration- New Commonwealth (excluding UK passport holders’, undated.
48. Parliamentary Debates (Commons) (813), cols. 120-4, 8 March 1971.
49. TNA: HO 344/97, Citizenship, Immigration and Integration: Opposition Green Paper, Labour Party, 1972.
50. Layton-Henry, Politics, 89.
51. TNA: FCO 50/484, Letter to the Prime Minister (Heath) from Brockway (president of Liberation), 14th December 1972.
52. Prisons Reform Trust, A Law Unto Themselves: Home Office Powers of Detention, (London: The Trust, 1984) 1.
53. TNA: T227/3216, ‘Official Committee on Immigration and Community Relations. Proposed Immigration Legislation: ICO (70)5, 6 & 8. Brief for meeting 8th December. Letter to Miss Forsyth from J.D Skinner, 4 December 1970.
54. TNA: T 353/68, ‘Ministerial group on Commonwealth immigration control, general paper 1973, Letter to the Treasury from Sir Alec Douglas-Home, 6 March 1973.
55. Spencer, British Immigration Policy, 144.
56. Leach, “Britain, Commonwealth,” 173.
57. Ibid.
58. Ibid., 174.
59. Ibid., 179.
60. Maitland, “Overview,” 6.
61. The Times, 8 July 1957, 8.
62. May, “Britain’s turn,” 31.
63. Ibid., 32.
64. Report of the European Economic Association Committee, 25 May 1960, TNA: CAB 134/1820.
65. Chares De Gaulles, press statement, January 1963.
66. Maitland, “Overview”.
67. May, “Britain’s turn,” 32.
68. TNA: CAB 164/460, J.A Robinson, ‘Free Movement of European Workers and Commonwealth Migrants’, Memorandum, 30 December 1969.
69. TNA CAB 129/129//16, ‘Britain ad the EEC: likely reactions of Commonwealth countries’, 27 April 1967.
70. TNA: CAB 164/460, Hansard, column 1536-8, 18 December 1969.
71. Ibid.
72. TNA: PRO CAB 164/460, Revised Draft brief on ‘EEC: free movement of Labour and Immigration’, 26 January 1970.
73. TNA PRO CAB 128/42/20; Conclusions of a meeting of the Cabinet held at 10 Downing Street, 13 April 1967.
74. TNA PRO CAB 129/129/8; Europe: further implications for mobility of labour and immigration policy, 1967 p. 78.
75. TNA PRO CAB 128/42/20; Conclusions of a meeting of the Cabinet held at 10 Downing Street, 13 April 1967.
76. TNA PRO CAB 128/42; Conclusion of a meeting of the Cabinet held at 10 Downing Street, 27 April 1967. (My italics).
77. Ibid., (my italics).
78. Hampshire, Citizenship, 12.
79. The Roundtable, “Britain, Commonwealth, Europe,” 48.
80. The acceptance that the UK’s citizenship was inconsistent with other EEC members, and that this inconsistency prevented the UK from definitively basing their immigration laws on citizenship were wholly realised later, see TNA CAB 129/195/12, ‘British Nationality Law: Discussion of Possible Changes’, Green Paper by the Secretary of State for the Home Department, April 1977.
81. TNA CAB 129/128/48; Implications of entry into Europe for mobility of labour and immigration policy, 11 April 1967.
82. TNA CAB 129/129/8; Europe: further implications for mobility of labour and immigration policy, 1967.
83. TNA: CAB 164/460, Study Group on Mobility of Labour and Social Policy, Note on the Implication of Entry into Europe for Mobility of Labour, Migration and Employment, undated.
84. Ibid.
85. TNA CAB 128/42; Conclusions of a meeting of the Cabinet held at 10 Downing Street, 27 April 1967.
86. TNA: CAB 164/460, ‘EEC: Immigration’, Note by Home Office, no date.
87. TNA: CAB 164/460, Mr. Luard quoting PM, ‘EEC’, Minutes from Hansard Commons, 16th February 1970.
88. TNA: CAB 164/460, Study Group on Mobility of Labour and Social Policy, Note on the Implication of Entry into Europe for Mobility of Labour, Migration and Employment, no date.
89. Ibid.
90. TNA: FCO 50/484, ‘Immigration Policy’, Cabinet Minutes, 23rd January 1973.
91. TNA CAB 129/128/49; Implications of entry into Europe for mobility f labour and immigration policy, 11 April 1967.
92. TNA CAB 128/42/20; Conclusions of a meeting of a Cabinet held at 10 Downing Street on 13 April 1967.
93. Spencer, Immigration, 144.
94. TNA CAB 164/460, Study Group on Mobility of Labour and Social Policy, Note on the Implication of Entry into Europe for Mobility of Labour, Migration and Employment, no date.
95. TNA CAB 128/42.20; Conclusions of a meeting of a Cabinet held at 10 Downing Street on 13 April 1967.
96. TNA CAB 164/460, Study Group on Mobility of Labour and Social Policy, Note on the Implication of Entry into Europe for Mobility of Labour, Migration and Employment, undated.
97. TNA FCO 50/358, Negotiating brief for UK entry into EEC effects on immigration in the UK and probable effects on immigration controls if Britain joins EEC.
98. TNA CAB 128/43; Conclusion of a meeting of the Cabinet held at 10 Downing Street on 27 April 1967.
99. Ashton, “British Government Perspectives,” 76.
100. Ibid., 84.
101. Ibid., 87.
102. TNA CAB 128/42; Conclusions of a meeting of the Cabinet held at 10 Downing Street on 27 April 1967.
103. J. Campbell, Edward Heath: A biography (London: Jonathan Cape, 1993, 336–41).
104. TNA CAB 128/42; Conclusions of a meeting of the Cabinet held at 10 Downing Street on 27 April 1967.
105. TNA FCO 50/358, ‘Negotiating brief for UK entry into the EEC effects on immigration in the UK and probable effects on immigration controls if Britain joins the EEC, ‘Parliamentary: free movement of labour’, Letter to Mr. H Jenkins from P.A. McLean, 6 February 1970.
106. TNA PRO CAB 128/42; Conclusions of a meeting of the Cabinet held at 10 Downing Street on 27 April 1967.
107. TNA: PRO FCO 30/39/67, ‘House of Commons Select Committee on Race Relations and Immigration: Inquiry into the effect of the United Kingdom’s membership of the EEC on immigration and race relations, memo by the FCO, ND.
108. Consterdine, “Interests,” 43.
109. Hampshire, Citizenship and Belonging, 15.
110. Ward, “Preference,” 156.