Britishness Reconsidered: Interplay Between Immigration and Nationality Legislation and Policymaking in Twenty-first Century Britain

ABSTRACT

This paper aims to clarify the dynamic interplay between immigration and nationality legislation and policymaking in post-imperial and pre-Brexit Britain. In 1981 and 2002, the years on which this paper focuses, three pieces of legislation were enacted marking watershed moments for British policy regarding immigration and nationality. The British Nationality Act of 1981 established ‘British citizenship’ in the statute book. The Nationality, Immigration and Asylum Act of 2002 claimed to introduce new meaning and value to the acquisition of British citizenship by introducing a citizenship test and pledge. Furthermore, the British Overseas Territories Act of 2002 expanded the geographic scope of British citizenship by, in theory, providing citizenship to all those eligible in the existing dependent territories. Debates on the meaning of Britishness and the political projects linking immigration and nationality legislation to it, continue today in government, academia, and the media, all of whom are competing to have a tangible impact on policy. This paper addresses two questions. First, how can we account for the protracted nature of the debate on Britishness, and government efforts to enact immigration and nationality legislation based upon it? Second, if the meaning of Britishness has evolved over time, how has it been shaped by the course of these ongoing political debates?     

Subjects or Citizens? India,Pakistan and the 1948 British Nationality Act

Independence in the case of British India occurred at relatively short notice in August 1947, but tying up the loose ends of empire stretched over years. Under these circumstances, the realignment of subjecthood and citizenship necessitated by decolonisation was protracted, and raised complex questions about identity in both the new states of India and Pakistan and the former imperial power itself. This article thus takes as its focus the drawn-out process of disengagement that followed formal independence in relation to one case study: the various ways in which Britain sought to square the working of its 1948 Nationality Act with Indian and Pakistani citizenship legislation that took shape in the 1950s. India and Pakistan faced the common challenge of establishing who now belonged within their new borders. Britain likewise was forced to recalibrate its ideas about nationality and think afresh about the rights of its subjects in view of the new sets of relationships that now linked colonies, old dominions and the ‘mother country’ within the Commonwealth. In practice, applying the 1948 Act's provisions in relation to India and Pakistan became infused with anxieties about ‘race’, which surfaced repeatedly as British officials in London, Delhi, Karachi and consulates around the world sought to manage its operation to suit British interests.     

Three's a Crowd?: Government, Owners, and Workers during the Nationalization of the British Coalmining Industry 1945-47

The passing of the coalmining industry into public ownershipon 1 January 1947 should have been an occasion for rejoicingby the Labour Party and its supporters, yet celebrations weremuted by the looming shadow of critical coal shortages Despitethis concurrence of nationalization and coal crisis, littleattention has been focused on possible linkages between thetwo events. More generally, scant consideration has been givento the question of what happened to the industry when facedwith nationalization. This article's principal argument is thatthe fuel crisis was rooted not (as other historians have argued)in the atrocious weather, but in the very process of nationalization—or,rather in the combination of a lack of preparation for publicownership and (even more importantly) in the preoccupation withnationalization at the expense of the ‘stabilization’of the industry before entering the uncharted waters of publicownership. The chief conclusion is that during the run-up toVesting Day neither miners nor owners had any substantial incentiveto improve industrial productivity and output The period wasat best a standstill, and in many ways—as the crisis indicated—wastedmonths that a fuel-starved Britain could ill afford ^*This article is based on my MA thesis, ‘Fresh Start orFalse Dawn⁷ the coalmining Industry and Nationalisation, 1945–7'I would like to thank my supervisors, Ranald Midne and PhilipWilliamson for their continued support, and also David Howelland the referees of Twentieth Century British History for theirvaluable comments on earlier drafts of this work.     

Imperial Identity in Colonial Minds: Harold Moody and the League of Coloured Peoples, 1931-50

This article examines how the League of Coloured Peoples, foundedin London in 1931 by the Jamaican Harold Moody, used its versionof a British identity to seek equal rights for Britons of colour.I argue that by invoking an imperial British identity that drewon widely accepted elements of Britishness, namely respectabilityand imperial pride, the League gained support from black colonialsand white English people in its fight for equality. This wastrue despite the fact that a major element of the League's conceptionof British identity, racial equality, challenged the dominantidea that ‘true’ Britons were, by definition, white.The article focuses on the workings of the organization's ideologyin the context of two news-making issues: the campaign to restoreBritish citizenship to ‘coloured’ seamen in Cardiffin 1936, and the parliamentary and judicial reaction to discriminationby London's Imperial Hotel against League member Learie Constantinein 1943. The story it tells indicates that British identitieswere claimed and manipulated not only by natives of the BritishIsles, but also by colonial peoples. It further suggests thatunder the conditions of empire colonial peoples could simultaneouslyidentify with the imperial power and their (potentially national)home colony.     

'A Matter of Regret': Britain, the 1983 Grendada Crisis, and the Special Relationship

When the USA launched a military intervention in Grenada inOctober 1983 it was against the wishes of its closest ally,Britain, who felt deliberately misled as to Washington's intentions.As a former British colony and member of the Commonwealth, withthe Queen as Head of State, Grenada remained of interest toBritain. This article will provide a detailed analysis of Anglo-Grenadianrelations and the events and contacts between the USA and Britainduring and after the 1983 crisis and assess the role of the‘special relationship’ in shaping Britain's reactionto the intervention. I conclude that the conventional wisdomthat Britain was ‘in the dark’ about what was happeningis not entirely accurate. ^*The views expressed in this article represent those of theauthor alone.     

The Tax Threshold: Policy, Principles, and Poverty

In the absence of an independent poverty standard, postwar Britishgovernments have tended to use current, politically determinedsocial security scales (from Unemployment Assistance in the1930s to Income Support today) as their definition of minimallyadequate income levels, commonly known as an ‘officialpoverty line’. A basic principle of taxation since thedays of Adam Smith, however, has been that incomes below theminimum income required for socially defined necessities shouldbe free of tax. The personal tax allowance which determinesthe income tax-paying threshold thus also provides a practicaldefinition of such an official poverty line. Royal Commissionsand official committees since the nineteenth century have endorsedSmith's principle, but it only acquired major political significanceafter the Second World War when income tax began to affect lowearners, particularly after the 1960s when poverty was ‘rediscovered’in the UK. In spite of this potential coincidence of purpose,a review of evidence and interviews with officials shows thatthere has been no co-ordination of policy between the Treasuryand Inland Revenue responsible for determining the level ofthe tax allowances, and the Social Security ministries responsiblefor the minimum benefit scales. The tax threshold has consequentlycontinued to be determined by considerations of political economyand administration and not by the alleviation of poverty. ^* This paper is part of a larger project on concepts of povertyand need in British income maintenance systems, chiefly the‘Assistance’ schemes which ran from 1934 to 1966.I am grateful to the many people who have helped with the project,regrettably too numerous to name here. I am particularly indebtedto Sir Norman Price and Sir Kenneth Stowe, James Meade, DellaNevitt, and). Leonard Nicholson for information on the tax issues,and want to record my thanks to them and to Fran Bennett, JohnHills, Chris Pond, and Adrian Sinfield, and especially RodneyLowe, as well as participants in seminars at the Universitiesof Edinburgh and Essex, and in Budapest, for their advice onthis paper.     

George V and Repulicanism, 1917-1919

This article is a study of the British monarchy's reaction towhat it saw as a republican threat at the end of the First WorldWar. It challenges the widely received view that the most importantrepublican moment in modern British history was in the early1870s. Written from previously unused material in the RoyalArchives, it chronicles the emergence of Palace worries aboutthe rise of militant socialism, which the royal family equatedwith republicanism; and it illuminates the tactics designedby the King and his advisers to take the republican edge offthe labour movement and to deal with the immediate social andeconomic crisis. Lord Esher summed up Palace policy in the phrase‘the "democratization" of the monarchy’. In practice,this meant expanding the royal family's social and charitablepurposes to ensure the Crown's survival. The policy would havean enduring influence on royal thinking and behaviour. ¹ This article was written for the Visiting Fellows' Colloquium,All Souls College, Oxford. It expands a line of argument thatwas put more tentatively and with far less documentation inChapter 6 of my book Royal Bounty: The Making of a Welfare Monarchy(London, 1995). By gracious permission of Her Majesty the Queen,I have been able to make use of material from the Royal Archivesat Windsor.     

Transcending Gender Roles,Crossing Racial and Political Boundaries: Agnes Hill’s Fight for her Inheritance in German Southwest Africa

ABSTRACT

Agnes Hill, the unmarried daughter of a British landowner and farmer and his mixed-race wife, was living a ‘white’ farmer’s life in the colony German South West Africa. In 1908, she was suddenly classified as ‘native’, due to the enforcement of radical racial legislation in the German colony degrading the offspring of mixed-race people as ‘bastards’. The new classification would have had dire consequences for the whole family, especially in respect to their landownership. However, Agnes fought for her family, with the support of solicitors and – as a daughter of a British father coming from the Cape Colony – with the help of the British consul residing in the German colony. She finally succeeded in securing the estate for the family, even if she was an unmarried woman in a predominantly patriarchal settler society. Using mainly material from the court cases, the article traces Agnes Hill’s fight for the Hill inheritance, thereby investigating various crucial issues of colonial societies. It points at the changing boundaries between ‘white’ and ‘non-white’ and the ambiguity of racial classifications. The article argues that women such as Agnes Hill could play a significant role in colonial settler societies and were able to transcend gender-role boundaries.     

An Unequal Apportionment: The Conflict over Space Between Protestants and Catholics at the Beginning of the Wars of Religion

Although theological and political aspects of the Wars of Religionhave been extensively studied, their spatial dimension has oftenbeen neglected. Despite the plethora of urban monographs, spacehas been considered as the setting rather than the object ofconflict. On account of its scarcity, space brought a varietyof benefits and accordingly generated strategies of appropriationand exclusion for which the two confessions were unequally prepared.If Charles IX was the first to ‘tolerate’ Protestants,he almost always confined them to domestic space or excludedthem from the centre of towns. Employing a sociology of dominationdrawn from the work of Pierre Bourdieu, this article seeks toexamine the unequal situation of the two confessions from aspatial perspective, refusing to explain this difference solelyby recourse to theological concepts. On the contrary, it attemptsto show how, in a manner that requires explanation, socioconfessionalinequalities were transformed into spatial ones.

The space which before any other seems to me to raise the problemand manifest just that strong social and historical differentiationbetween societies is the space of exclusion—of exclusionand imprisonment. Michel Foucault, La scène de la philosophie(1978)¹

     

Designing the model European—Liberal and republican concepts of citizenship in Europe in the 1860s: The Association Internationale pour le Progrès des Sciences Sociales

The formation of citizenship as a concept to define the rights of participation in the formation processes of modern territorial states is well known. But the transnational dimensions of defining citizenship and how to combine national legislations with enlightened universal and natural law rules in the mid-19th century is not very well known. The article aims to explore the transnational discourses on the political, economic and moral rights and duties of the citizen in the pan—European liberal Association Internationale pour le Progrès des Sciences Sociales. During the 1860s, its congresses should serve as a vast commission of enquiry and should eventually lead to a general definition of citizenship in Europe which could be implemented in national legislations. The article shows how the Association Internationale tried to deduce universal moral rules from national legislations and peculiarities by the means of moral or positive social science. In combining moral unity with national and regional diversities, the Association Internationale tried to give an elastic framework for a European civil society in which national subjects should become active citizens.     

Subjects,citizens and others: the handling of ethnic differences in the British and the Habsburg Empires (late nineteenth and early twentieth century)

This article focuses on the role of ethnic inclusions and exclusions in administering citizenship and nationality within the British and the Habsburg Empires. The analysis discerns three ways of dealing with ethnically heterogenous populations. One follows the nation-state model and aims for internal ethnic homogeneity and legal equality. This model coined developments in Canada and Hungary. The second obeys an imperialistic pattern and implements legal discrimination between different ethnic groups. It played a decisive role in East Africa and in Bosnia to a certain degree. The third model follows a statist logic and enforces either supra-ethnic neutrality or a politics of recognition. It was most influential in Austria and India. In the British as well as in the Habsburg context ethnic differences gained significance around 1900. This ethnicising of law and administrative practice produced different results, though, in both cases, mainly due to the empires' divergent political structures. Whereas within the Habsburg Empire the three models were juxtaposed, British law and administration came to be dominated by the imperialistic pattern of ethnic discrimination against ‘non-white’ subjects. Thus, the customary distinction between a politically inclusive nationalism in Western Europe and an ethnically exclusive one in the continent's Eastern half – sometimes linked with the difference between ius soli and ius sanguinis – cannot be upheld.     

Adulteration and Food Law, 1899-1939

Contemporary concerns about food safety and regulation haveimportant historical antecedents in the Victorian debate aboutfood adulteration which led to the 1875 Sale of Food and DrugsAct, the basis of British food law until 1955. This articlereconsiders the optimistic historiographical view of the Victorianfood legislation, emphasizing its limited impact on the generalprocess of food production and distribution before the SecondWorld War. In the 1930s adulteration was still a significantcommercial ploy. The analysis centres on State-business relations,drawing comparative perspectives from the manner in which bigfood companies shaped the regulatory framework in the USA. InBritain the government assumed a limited regulatory role, persuadedin the 1920s and 1930s that market forces and the commitmentof large producers to quality and scientific research were betterguarantees of safety than statutory legislation. But this wasa risky strategy: big producers were only responsible for aminority of overall output, and the State made no effort toexamine wider manufacturing conditions. ^*This article has been written with the assistance of a grantfrom the Leverhulme Trust.     

A new Mexican nationalism? Indigenous rights,constitutional reform and the conflicting meanings of multiculturalism*

ABSTRACT. This article focuses on the recent Mexican controversy about the legal status of the indigenous population and the nature of nationalism, which is linked to recent constitutional amendments and new policy strategies. Changes in legislation and policy are examined in the context of a widespread economic and political crisis of the populist regime after 1982, which radically affected the previous indigenist discourse; but they are also seen as having been motivated by Indian demands and mobilisations against the official vision of citizenship as a function of cultural homogeneity and mestizaje. The article analyses the implications of the new constitutional amendments and the heated debates that they have provoked among different political actors, including indigenous organisations. In particular, it examines two areas of disagreement. The first concerns the multiple meanings of multiculturalism – as a threat of fragmentation and fundamentalism, a new form of state control or a strategy for indigenous national participation and empowerment. The second concerns the definition and levels of implementation of indigenous political autonomy. Negotiation over such disagreements, leading to inclusive citizenship, constitute a great challenge for ethnic intellectuals and theoreticians of Mexican nationalism.     

'Claudia Jones and the West Indian Gazette': Reflections on the Emergence of Post-colonial Britain

In this article the specifically domestic and cultural propertiesof British decolonization are explored. It is suggested thatthe very category of ‘post-colonial Britain’ invitesus to think in these terms. Conventionally, the question ofthe domestic consequences of decolonization is thought in termsof the native white population of Britain. This article turnsattention to the role of the black migrants resident in themetropolis during the years of decolonization: most especially,to the role of West Indians. By a reading of the West IndianGazette it is proposed that the West Indian migrant played anactive role in the organization of a specifically anti-colonialculture—providing the means by which white Britons, too,could come to terms with the end of Empire.     

'Christ's Kingdom in Scotland': Scottish Presbyterianism, Social Reform, and the Edwardian Crisis

This article examines the response of Scottish Presbyterianreformers to the socioeconomic and political dimensions of the‘Edwardian Crisis’. For such individuals the circumstancesof the early twentieth century, despite the undoubted difficultiesthey posed, offered the opportunity to bring about a modernversion of the ‘godly commonwealth’, with the principalmeans of realizing this being Christianized social reform. Thearticle focuses on how the ‘social problem’ wasanalysed; the challenge of socialism; the solutions offered;and the ultimate fate of the ‘social gospel’ ¹I am grateful to the British Academy for a Research and TravelExpenses Grant which enabled me to visit Scottish archives andlibraries; and to my colleagues David Nash and Paul O'Flinnand this journal's editors and anonymous referees for theirconstructive comments on earlier drafts. The quote is from JohnW. Gulland MP, Christ's Kingdom in Scotland or the Social Missionof the United Free Church (Edinburgh, 1906).     

'Very Peculiar Circumstances': Walter Runciman and the National Government, 1931-3

Walter Runciman's role in the crisis of 1931 and its aftermathis not as well known as those of his Liberal contemporaries,Samuel and Simon. It was, however, at least as important indetermining the outcome. Runciman was not a member of the firstNational Cabinet of August 1931, but he reluctantly acceptedthe Board of Trade, on flattering terms, in November. Highlyregarded by MacDonald, he developed an effective working andpersonal relationship with Neville Chamberlain, and togetherthey shaped the government's tariff policy. It was a compromisethat ensured the long-term survival of the National Governmentand defined the fiscal policy that would replace free trade.Runciman remained convinced throughout his years in office thathe was remaining true to Liberal principles—using tariffbargaining to reduce the general level of tariffs—andthat the national crisis and the changing economic climate justifiedhis compromise with the Conservatives. ¹ I am grateful to my colleagues, Professor Bill Luckin andDr Gaynor Johnson, and to Dr David Dutton, for their commentswhile this article was being written. The quotation in the titleis from Lord Shuttleworth to Runciman, 18 November 1935, RuncimanPapers, Robinson Library, University of Newcastle-upon-Tyne.WR221     

'You Cannot Hate the Bastard Who is Trying to Kill You...'Combat and Ideology in the British Army in the War Against Germany, 1939-45

During the Second World War the British Army faced a difficulttask when it tried to transform recruits who were mostly peace-lovingcivilians, into men prepared to kill. This article examineshow it went about doing so and how front-line soldiers respondedto the demand that they kill their German (and Italian) oppositenumbers. It also analyses the extent to which front-line soldiersin the British Army retained a sense of a shared common humanitywith their enemies that transended the political divisions ofthe war. It does so by analysing the ways in which they treatedtheir enemies when they were completely at their mercy, eitheras prisoners of war or as civilians in occupied territory. ¹N.McCallum, Journey with a Pistol (London,1959), 105.     

Making Homes by Machine: Images, Ideas and Myths in the Diffusion of Non-Traditional Housing in Britain 1942-54

To understand more fully the widespread—and arguably mistaken—postwaradoption of prefabricated and systems construction, scholarshave sought to place this process in its broader social andpolitical context. In so doing they have located, apparently,a subversion of rational public decision-making, where a widelybelieved mythology was purposefully constructed by self-servinginterests. This erroneously equated non-traditional housingwith modernity and efficiency. This article suggests this tobe a false reading. Undoubtedly a strong tendency existed amongmanufacturers and architectural ideologues to eulogize nontraditionalmethods. However, despite this ubiquitous promotion, key sectorsamong the architectural profession, public sector purchasersand other decision-makers overtly rejected, or remained questioninglysceptical towards, modernistic claims and creeds. Instead, decisionswere largely determined by contemporary necessity, a rationalinterpretation of a broader national interest and the best advicethen available. Importantly, non-traditional performance wasconstantly investigated and largely validated. To speak, therefore,of a determining mythology is to largely misconstrue contemporaryunderstanding. ¹ First presented as a paper to the Fourth International Conferenceon Urban History, Venice. I am also indebted to Ian Inksterand Jeff Hill for their comments on an earlier draft of thisarticle.