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A Matter of Policy: the Lessons of Recent British Race Relations Legislation

Published online by Cambridge University Press:  11 July 2014

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Extract

The sequence of events behind the drafting and implementation of British anti-discrimination legislation during the decade of the 1960s is illustrative of the dangers faced by a well-intentioned government seeking to protect minorities by statutory means. Longrange policy planning is difficult to achieve in most sectors of legislative activity, but the protection of basic liberties must be one sector where carefully considered legislation is both essential and attainable. The Labour Government of 1964 to 1970 was intent on protecting the rapidly growing immigrant communities from discrimination—a discrimination based on prejudice against the national and ethnic origins of the immigrants. The “wave” of immigrants of the nineteen fifties was singularly noticeable because of skin-colour: the places of origin of the immigrants being the islands of the West Indies, India, Pakistan, and, to a lesser extent, the former British colonies in West Africa.

Prior to 1971, British immigration legislation was founded on the principles of nationality set forth in the British Nationality Act, 1948. This Act recognised British nationals and British “subjects” or “Commonwealth citizens.” Anyone not fitting into either category (i.e. national or subject) was an alien and the entry of aliens to Britain was controlled by quite separate legislation. British subjects enjoyed (until 1962) all the privileges of British nationality, and herein lay the cause of the “wave” of immigration from the comparatively economically depressed parts of the Commonwealth.

Type
Research Article
Information
Albion , Volume 8 , Issue 2 , Summer 1976 , pp. 154 - 177
Copyright
Copyright © North American Conference on British Studies 1976

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References

1 11 & 12 GEO. 6, c.56.

2 Ibid., ss.1 and 4.

3 The Aliens Order, 1953, Order In Council made under s. 1 of the Aliens Restriction Act, 1914 (4 & 5 GEO. 5, c.12) as amended by the Aliens Restriction (Amendment) Act, 1919 (9 & 10 GEO. 5, c.92).

4 1968, c.9 and c.71.

5 10 & 11 ELIZ. 2, c.21; 1965, c.73.

6 Little, K.L., Negroes in Britain (London, 1947), p. 57.Google Scholar

7 Aliens Order 1920 and Special Restriction (Coloured Alien Seamen) Order 1925.

8 Patterson, Sheila Keith, Dark Strangers (London, 1965), p. 44.Google Scholar

9 Rose, E.J.B.et al., Colour and Citizenship (London, 1969), p. 208.Google Scholar

10 Statement on Racial Discrimination, Annual Conference of the Labour Party 1958; cf. Jenkins, R., The Labour Case (London, 1959), p. 46.Google ScholarPubMed

11 Parliamentary Debates, vol. 606, cols. 368-72.

12 Butler, D.E. and Rose, R., The British General Election of 1959 (London, 1960), pp. 4567.Google Scholar

13 Foot, Paul, Immigration and Race in British Politics (London, 1965), p. 133.Google Scholar

14 Rose, p. 217. The statistics have been drawn from Race Relations Bulletin No. 9 (London: Runnymede Trust, March 1970)Google Scholar and from figures published by the Home Office, quoted in Race Tody (London: Institute of Race Relations, March 1970), viiiGoogle Scholar. Immigration from the Commonwealth, The Prime Minister, White Paper, Cmnd.2739, (London: H.M.S.O., August 1965).Google ScholarPubMed

15 Parliamentary Debates (Commons), vol. 631, col. 585. The administrative measures MacLeod spoke of were bilateral voluntary controls—a system which had begun in June 1958 following consultations with the Indian and Pakistani governments. See Rose, p. 212.

16 The Times, December 2, 1960.

17 Times, December 16, 1960.

18 December 13, 1960.

19 Deakin, Nicholas, “The Politics of the Commonwealth Immigrants Bill,” The Political Quarterly, vol. 39, no. 1 (1968): 41.CrossRefGoogle Scholar

20 Parliamentary Debates (Commons), vol. 640, col. 215.

21 Osborne, C., “Should We Control Immigration?,” The Church of England Newspaper, July 7, 1960.Google Scholar

22 January 8, 1961.

23 The Times, April 22, 1961, and Paul Foot, p. 135.

24 National Union of Conservative and Unionist Associations, Official Report of the Eightieth Annual Conference, October 11-14, 1961, pp. 2633.Google Scholar

25 Parliamentary Debates (Commons), vols. 650, 651, 652, 653, 654, 657 and 658.

26 10 & 11 ELIZ. 2, c.22, s.2(3)(a).

27 Rose, p. 100.

28 See Table 2.

29 1971, c.77.

30 Quoted in The Times, November 28, 1963.

31 Butler, D.E. and King, A., The British General Election of 1964 (London, 1965), p. 141.CrossRefGoogle Scholar

32 Ibid., pp. 354-5.

33 Cmnd. 2739

34 The twelve previous Bills were: November 17, 1950, [Bill 33], Colour Bar; June 12, 1956, [Bill 146], Racial Discrimination; November 21, 1956, [Bill 30], Racial Discrimination; April 30, 1958, [Bill 105], Racial Discrimination; July 8, 1958, [Bill 143], Racial Discrimination(No. 2)—not printed; November 12, 1958, [Bill 23], Racial Discrimination; April 12, 1960, [Bill 95], Racial Discrimination; December 7, 1960, [Bill 44], Racial Discrimination; December 13, 1961, [Bill 48], Racial Discrimination and Incitement; January 23, 1963, [Bill 57], Racial Discrimination and Incitement; January 14, 1964, [Bill 59], Racial Discrimination and Incitement; and Lord Walston's Racial Discrimination Bill (House of Lords) of 1962. Reference to them in Hansard may be found at: (480)2044; (554)247, (560)1758; (587)387; (591)205; (595)410; (621)1090; (631)1272; (651)451; (670)100 and (687)42.

35 Hindell, K., “The Genesis of the Race Relations Bill,” The Political Quarterly, vol. 36, no. 4 (1965).CrossRefGoogle Scholar

36 The Times, March 24, 1965.

37 Rose, p. 225.

38 Ibid.

39 Cmnd. 2739, pp. 6-9.

40 Parliamentary Debates (House of Commons), vol. 720, col. 50.

41 Race Relations Bill 1965, No. 125; Parliamentary Debates (House of Commons), vol. 710, col. 485.

42 April 8, 1965.

43 Parliamentary Debates (Commons), vol. 711, col. 927.

44 The Times, May 21, 1965; the new Bill was No. 180.

45 Massachusetts Statutes 1865, c. 277.

46 A summary of these early state laws against discrimination is provided (by T. Leskes) in Konvitz, M.R., A Century of Civil Rights (New York, 1967), chapters 6-9.Google Scholar

47 Published June 25, 1941.

48 N.Y. Laws of 1954, c. 118; N.J. Laws of 1945, c.169; N.Y. Laws of 1948, c.753; and Connecticut, Public Act, July 13, 1949.

49 See, for example, Deakin, N., “Comment: The Race Bill,” Venture (July/August 1965).Google Scholar

50 Race Relations Bill 1965, No. 180.

51 Race Relations Act 1965, c.73, s.1(2).

52 Report of the Race Relations Board for 1966-1967 (H.M.S.O., 1967), p. 5.

53 Total Estimated Coloured Population Resident in England and Wales, 1966 Census, in Rose, p. 99.

54 See Table 1.

55 Wilson's first announcement of his intention to strengthen the legal powers in immigration control was made in November 1973 in the House of Commons during the annual debate on the Expiring Law Continuancy Bill. Foot, p. 176.

56 See Table 2.

57 Political and Economic Planning and Research Services Limited, Racial Discrimination (London, 1967)Google ScholarPubMed. The report was summarised in Daniel, W. W., Racial Discrimination in England (London, 1967).Google Scholar

58 Report of the Race Relations Board for 1966-1967.

59 Street, H., Howe, G., and Bindman, G., Anti-Discrimination Legislation (London, 1967).Google Scholar

60 Tne Observer, May 14, 1967.

61 Parliamentary Debates (Commons), vol. 751, col. 744.

62 Rose, pp. 534, 37-9.

63 Following the granting of independence to Kenya in 1963, the British government offered to all non-African Commonwealth citizens resident in Kenya a choice of three alternatives: to continue working in Kenya and make application for Kenyan citizenship; to apply to the country of their origin for citizenship status; or to receive a British passport to be issued by the British High Commission in Nairobi. Many Asians, even though they had been born in Africa and may never have travelled outside East Africa, accepted British nationality and a British passport.

Exempt United Kingdom Citizens From East Africa: Admission Figures, 1967. (Derived from parliamentary answer by the Under-Secretary of State at the Home Office on 19th February 1968, Parliamentary Debates (Commons), vol. 759, col. 33, and Home Office press release).

Annual totals for 1966, 6,846, and 1967, 13,600. Admissions, January 1968: 2,294.

The high figure of 2,661 admissions during September 1967 may be explained as a direct reaction to the progress during August of the “Kenyanisation” laws mentioned above. However, Kenyanisation was not immediately put into practice with the result that admissions to the United Kingdom fell in October and again in November. The rise in December and again in January was caused by the direct effect of the new laws and by fears in the Kenya-Asian community of impending controls soon to be exercised by the U.K. Government and a desire to reach Britain before the controls were applied.

64 Rose, p. 536.

65 Smithies, Bill and Fiddick, Peter, Enoch Powell on Immigration (London, 1969), p. 21Google Scholar. Smithies and Fiddick provide the original texts of three of Powell's most important speeches: Walsall, February 9, 1968; Birmingham, April 20, 1968; and Eastbourne, November 16, 1968.

66 Ibid., p. 73.

67 1968, c.9.

68 Wilson, Harold, The Labour Government 1964-1970: A Personal Record (London, 1971), p. 467.Google Scholar

69 Parliamentary Debates (Commons), vol. 759, col. 811.

70 Commonwealth Immigrants Act 1968, s.1.

71 Commonwealth Immigrants Act 1968, s.2; see also Parliamentary Debates (Commons), vol. 759, col. 1501.

72 Rose, pp. 619-22.

73 Bill 128, April 1968.

74 Parliamentary Debates (Commons), vol. 294, col. 1042.

75 Parliamentary Debates (Commons), vol. 770, col. 1729.

76 Race Relations Act 1968, c.71; see also Report of the Race Relations Board for 1968-1969, (H.M.S.O., 1969).

77 Reports of the Race Relations Board are published annually, normally in May or June. See also the annual Reports of the Community Relations Commission—a statutory body created by s.25 of the Race Relations Act 1968.

78 Immigration Appeals Act 1969, c.21.