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?     

From war service to domestic service: ex-servicewomen and the Free Passage Scheme 1919-22

At the end of the First World War, the British government put into operation a Free Passage Scheme for ex-servicemen, ex-servicewomen and their dependants to emigrate to the colonies and dominions of the Empire. This scheme was driven by a complex network of interlinked beliefs and policies concerning both the relationship between the metropole and the Empire, and the perceived necessity for social stability in Britain and in the dominions and colonies. This article examines the Free Passage Scheme, paying particular attention to the ways in which it was envisaged as a means of restoring a gendered balance of the population in Britain, where young women outnumbered young men at the end of the war, and in the dominions, where men outnumbered women, and was also seen as a way of emigrating women whose wartime work experiences were understood to be in conflict with gendered identities in the post-war period. The article argues that the Free Passage Scheme needs to be understood as gendered, as it envisaged the transformation of female members of the auxiliary wartime services into domestic servants for the Dominions. The scheme's failure, it is argued, prefigures the failure of the far larger Empire Settlement Act of 1922 to emigrate large numbers of British women as domestic servants.     

墨西哥革命与第一次世界大战期间的英美墨关系

1917年墨西哥政府颁布了一部限制外国人在墨拥有财产的新宪法。此后不久德国外交部长阿瑟·齐默曼发电报给墨西哥领导人卡兰萨,提议双方建立同盟关系。为了更有效地控制全国,不久卡兰萨宣布没收英国在墨西哥的最大投资——铁路。这一系列举动严重激化了墨西哥与美国和英国的矛盾。1917-1918年,美英之间就如何处理与卡兰萨政府的关系问题产生了巨大分歧,但由于需要美国的帮助,英国政府最终作出了妥协。第一次世界大战的结束使英国失去了在墨西哥的影响力,从而进一步加强了美国对拉美地区的控制。     

The Foreign Enlistment Act,International Law,and British Politics, 1819–2014

Foreign enlistment has made headline news in the current Syria crisis and with the rise of the terror group ISIS. The problem is an old one. How can states prevent their citizens from joining foreign forces? Whatever the motives of volunteers, states have usually reacted with the implementation of domestic laws in the hope of gaining a grip on the situation. Britain has one of the oldest pieces of legislation in place, the so-called Foreign Enlistment Act. Dating back to 1819, the history of the Act is largely unexplored. An analysis of British state practice related to the Act brings a history to light which reaches far beyond the domestic sphere where the Act is firmly placed today. The article shows that the Act originated in the realm of foreign policy, shaping legal concepts, such as non-intervention, recognition, and neutrality in the nineteenth century. In the twentieth century the Act was increasingly discussed in domestic policy, where current debates on foreign enlistment also take place. Thus, the article examines the changing role of the Foreign Enlistment Act in the context of 200 years of British domestic and foreign policy, illustrating how this domestic legislation shaped the understanding of concepts in international law.     

Selkirk in Singapore

This article explores the strained relationship between HaroldMacmillan's Conservative government and its senior representativein South-East Asia, the former minister George Selkirk. In particularit considers the impact of that relationship on the final yearsof colonial governance in Singapore. Between 1959 and 1963 Singaporeremained a British colonial territory enjoying internal self-government,and the most important British military base in South-East Asia.During these years Britain was the People's Action Party's guarantoragainst subversion. Newly released British documents deal withthe assessment of the communist threat. They reveal that Britaindid not have a single view of that threat. The British HighCommission in Kuala Lumpur and Britons remaining in the employof the Federation of Malaya after it gained independence inAugust 1957 argued that Britain should act as if the threatwas serious, in order to encourage the Malayan government tocreate a Malaysian federation. The United Kingdom Commissionin Singapore believed that Singapore's communists were indigenousleftists with valid claims to political legitimacy. They arguedthat these leftists could be overcome by political means ratherthan by mass detention. The British government in London hadlittle interest in Singapore's internal politics. Iain Macleodand Reginald Maudling were tardy in establishing any firm policyfor the island. Their successor as Colonial Secretary, DuncanSandys, accepted the advice of Selkirk on most issues in Singaporeanpolitics but overrode his reluctance to suppress the leftists.Singapore provides a case-study of the dilemmas of British ColdWar policy during the process of decolonization. ^* The author wishes to thank the Humanities Research Board ofthe British Academy for its generous financial support of theresearch upon which this article is based.     

英俄私分帕米尔与清政府的立场

本文以19世纪末的中亚为背景,运用新近刊布的国内外档案、文书等第一手资料,详尽论述了清末英俄以强凌弱,私分帕米尔,瓜分中国领土的经过,并对清政府为捍卫国土主权,与英俄据理力争的严正立场予以新的阐释,以深入理解该时期英俄争夺中亚势力范围的真实目的和清政府的领土主权意识,对稳定新疆局势,维护祖统一有一定的现实意义。     

The Great Landowners in the House of Commons, 1833–85

This prosopographical article demonstrates that the traditional British landed interest suffered very little by the terms of the 1832 Reform Act. They maintained their customary dominance of the house of commons, although voting records show that they had lost some of their ability to push legislation through the House that spoke to their more parochial interests. By contrast, the 1867 Reform Act caused serious erosion of their legislative power in the Commons. The 1874 election, especially in Ireland, saw great landowners losing their county seats to tenant farmers. Democracy was coming to Britain; just not as soon as some would have it.     

论1939-1940年中国建立遏制日本的远东国际联合阵线的努力

1939-1940年,中国为寻求国际援助,对英美开展一系列外交,试图建立遏制日本侵略扩张的远东国际联合阵线.由于英国必须将主要力量对付德国的进攻,美国尚未完全摆脱孤立主义的束缚,中国的这些努力并没有取得直接成果.但是,中国通过这些努力,加强了与英美为首的西方国家的联系,使它们对中国将抗日战争进行到底的决心有了更清楚的认识,从而为中国取得大规模国际援助创造了必要条件.随着国际社会对中国援助的全面加强,远东地区针对日本的国际联合阵线逐步形成.     

The Foreign Enlistment Act and the Spanish Civil War, 1936-1939

This article examines the official response to the policy problemsraised by the over two thousand Britons who went to fight forthe Republic during the Spanish Civil War, with particular referenceto the Foreign Enlistment Act (1870). Revived in January 1937as a means of reducing the flow of volunteers and curbing therecruiting efforts of the Communist Party of Great Britain,the act proved embarrassingly unenforceable. Ambiguity overits applicability to the situation in Spain, combined with problemsof evidence, meant that no charges were ever laid against volunteerscaught attempting to leave for Spain or members of the recruitingorganization of the CPGB. Though a complete failure as a legaltool, the Foreign Enlistment Act nevertheless symbolically underlinedthe British government's declared support for internationalnon-intervention in Spain, and was never rescinded.     

晚清改进、收回领事裁判权的谋划及努力

晚清时期,由于领事裁判权有着种种弊害,中外双方均感不便,产生了改进这一条约特权的意向。第二次鸦片战争之后,清政府和英国均谋划补救之法。英国提出"混合法庭"方案,为清政府所接受,但这一计划归于流产。"滇案"对领事裁判权制度产生了重要影响,"观审"制度的建立,在某种程度上是"混合法庭"的变通;赫德提出新的方案,亦为清政府和不少官员所关注。甲午战争和八国联军之役,激起了收回领事裁判权的强烈要求。清政府明确地提出了这一问题,采取了改革司法法律制度的实质性行动,但陷入了不易解套的困境。清政府的谋划和努力收效甚微,与日本比较,它存在着种种失误和弱点,它所背负的沉重的传统包袱,限制了它的思路和作为。其局限和教训,对后世无疑是有益的启示。     

1943年美国废除排华法分析

194 3年 12月 17日 ,美国总统富兰克林·D·罗斯福正式签署了一个由美国参众两院通过的《废除排华法律、规定移民配额及其他事项的法案》 ,废除了自 1882年以来美国政府所实施的一系列排华法律。本文拟就 194 3年美国废除排华法的历史背景、经过及其评价作些探讨     

Communications,Qajar Irredentism and the Strategies of British India: The Makran Coast Telegraph and British Policy of Containing Persia in the East (Baluchistan)—Part II

Persian territorial designs in Baluchistan clashed with British interest to construct an Indo-European telegraph line through the Makran Coast, where Britain had close local allies in dispute with Persia. The British prime interest being the speedy construction of the line, they decided on bypassing these disputed territories by connecting Bushehr, through submarine cable, with Gwadar—which they believed, contrary to the Persians, to be non-Persian. The Persian government protested against the British infringement of her sovereign rights, adopting both diplomatic and military approaches. This forced the British government to check the legality of the Persian claims. But the arbitrary was neither neutral nor fair, with Britain opposing the suzerainty of Persia over the chiefs of western Makran, while acknowledging the right of conquest by others elsewhere on the coast. This was in line with British policy of favoring governments bordering British India over Persia. Although unable to change the arbitrary, the Persian government still managed, in spite of her military weakness, to drag the British government into a hard bargain and tough negotiations.     

'A field for private members': The Wolfenden committee and Scottish homosexual law reform, 1950-67

The proceedings and report of the Wolfenden Committee on Prostitution and Homosexual Offences (1954-7) figure prominently in the historiography of homosexuality in later twentieth-century Britain. However, in the main, research has centred on the social politics of the Committee and its implications for sexual law reform in England, and there is a notable lack of regional studies. Using a range of government archives, this article focuses on the written and oral evidence of Scottish witnesses to the Committee. It documents the pre-existing legal and medical provisions for the treatment of 'homosexual offences' in Scotland, and surveys the Scottish evidence for and against the decriminalization of homosexual practices. Thereafter, it examines the views of the Scottish members of the Committee in the context of the Wolfenden Report. The article then surveys the wide-ranging opposition to homosexual law reform within Scotland in the period 1957-67, culminating in its exclusion from the 1967 Sexual Offences Act. Finally, it evaluates the implications of the Scottish experience and concludes that, in some important respects, it does not conform to the innovative and transitional picture advanced in many previous interpretations of the Wolfenden Committee and its aftermath.     

Empire, emigration and school geography: changing discourses of Imperial citizenship, 1880–1925

The state school curriculum, and geography in particular, played a role in encouraging emigration to the colonies, if not in actually educating for emigration. Emigration was an implicit and explicit topic in school geography, and was increasingly endorsed after the 1885 Revised Instructions to inspectors of schools which explicitly sought the promotion of emigration to young people as an “honourable enterprise”. Early-twentieth century school geography texts were part of the broader imperial discourse which valorized the settler Dominions over the tropical colonies and portrayed them as the good citizen's choice for emigration. The 1922 Empire Settlement Act represented the British government's most direct intervention in supporting out-migration from Britain, but texts at this time were generally less jingoistic than some of their forerunners, in keeping with the changed attitudes in post-World War I Britain.     

The Railways of Britain: An Unstudied Map Corpus

ABSTRACT

Railway mapping, a distinctive genre of cartography, came into existence with the invention of railway transport in Britain. The planned route for the first public railway, the Stockton & Darlington Railway, was surveyed by 1820 as a statutory requirement for the Act of Parliament that was necessary before construction could proceed. The Stockton & Darlington Railway was granted its Act in 1821 and opened in 1825. From then on, an abundance of maps, plans, diagrams and technical drawings were created to enable railways to be planned, constructed and operated; to be changed, developed and regulated; to attract business and passengers; and to provide railway staff with a range of specialist tools. Today, Britain probably has the largest surviving corpus of such material, but owing to the essentially private nature of the preparation and use of railway maps, it remains largely unstudied and therefore scarcely evaluated in terms of its historical worth. This paper summarizes the archival history of Britain's railway maps and describes eleven broad categories of railway cartography that collectively form a coherent body of maps covering much of the nineteenth and twentieth centuries, and which await better access and comprehensive study. It also underlines the urgency of ensuring the preservation of the railway map archive from further loss and destruction.     

1962年《日英通商航海条约》谈判析论

1955年9月,日本正式加入关税与贸易总协定。以英国为首的14国对日援引关贸总协定第35条,拒绝给予日本最惠国待遇。为同英国签署通商航海条约,获得最惠国待遇,日本与英国展开了长期艰苦的谈判。谈判迁延日久,英国缺乏尽快缔约的动力,日本则缺乏推动缔约的筹码。1950年代末日本政府推动贸易自由化的决定直接推动了谈判进程。为与英国达成协议,换取英国最惠国待遇及其撤销对日援引第35条的承诺,日本不得不在保护条款与敏感清单这两大问题上做出让步。1962年《日英通商航海条约》构建了日英经贸关系的稳定框架,扫清了战后日英关系发展道路上的最大障碍,日英关系进入一个新阶段。该条约提升了日本的国际地位,但却是在日本做出重大让步的前提下缔结的,日本经济外交在收获了重大胜利的同时,也显露了自身的局限。     

Gender,Imperialism and Domesticity: British women repatriated from India, 1940‐47

In this article, the author draws on women's personal accounts to explore the repatriation processes of white, British, middle-class wives of army officers and civil servants who returned to Britain from India between 1940 and 1947. Conventional images overwhelmingly constructed departure from the subcontinent and arrival in Britain as a time for celebration. However, women's personal sources suggest that both their expectations and experiences of repatriation were often, at best, equivocal. Feelings of uncertainty and unease about their return were coupled with a more positive anticipation connected to the idea that Britain was home. Once in Britain, women were shocked by the unfamiliarity of life there—at both national and household scales—and they struggled to construct a sense of belonging or self. Considering memoirs and oral histories, the author focuses on imperial domesticity and explores the influences of gender on expectations and experiences of repatriation. In so doing, she reflects on the ambiguous position that repatriates can occupy between forced and voluntary movement and highlights the problems in attempting to define either a beginning or an ending to journeys home.     

转向联德,还是继续亲英美?——滇缅路事件后国民党内曾谋划调整外交路线

1940年7月,迫于日本的压力,英国同意封锁滇缅公路3个月.中国朝野对此十分不满,国民党高层出现了与英断交、转向联德的呼声,并已开始试探性的行动.但时任国民党中宣部长的王世杰等人力拒此议,并说服蒋介石基本维持原外交策略,尤其是稍后国际局势的变化(如德意日结成同盟,德意承认汪伪,英美对日日趋强硬等等),联德之议最终被放弃.国民党内这次调整外交路线的讨论,虽未在事实上弓I起重大震动,但所涉问题,关乎国民政府的大政方针,足以牵动中国抗战大局,也反映了国民党内一些重要人士此期间的政治见解和思想动态.     

A kind of consensus on the roads? Drink driving policy in Britain 1945-1970

The history of drink driving and legislative responses to it remain virtual terra incognita. This contribution traces developments in Britain between 1945 and the aftermath of the Road Safety Act in 1967. The first section focuses on the formation of an extra-parliamentary pressure group in the 1950s. This is complemented by an interpretation of the impact of the government-backed Drew Report (1959), and the ways in which Drew's research was rhetorically and creatively deployed by Graham Page, leading spokesman for the Pedestrians' Association and Ernest Marples, the Conservative Minister of Transport. The final section interrogates key debates leading up to the introduction of the breathalyser. The article concludes that belated introduction of road safety legislation in Britain in the 1960s revealed a high degree of cross-party consensus. Only senior officials at the Home Office, and to a lesser extent, at the Ministry of Transport, repeatedly threatened to delay reform.     

Defining and Integrating Sequences in Site Analysis: The Evidence from Hillforts and Other Sites

The author sets out at length his personal views on the problems of periodising occupation-sequences on sites of the Iron Age in Britain, with examples from Wheeler to the 1990s.