ALIEN MARRIAGES

Evening Post, Volume CIV, Issue 101, 26 October 1927, Page 10

ALIEN MARRIAGES

DISABILITY ON WOMEN

REMOVAL PROPOSED

A DIFFICULT PROBLEM

A question which has been the subject of representations by the New Zealand National Council of tVomen and women's organisations in other parts?* of the Empire for • some years past was raised in the Legislative Council yesterday by the Hon. Mark Cohen. Mr. Cohen moved that in the opinion of the council it is highly desirable to amend the British Nationality and Status of Aliens Act, 1914, in. order to remove certain disabilities at present suffered' by British and New Zealandborn women Vho are married to aliens, and to redress the grievances of children born of such marriages. Mr. Cohen suggested that the Government could safely follow the lead of America and Canada in the matter. Canada had placed an Act on her Statute Book in the direction suggested in. the motion, but at the request of the Imperial authorities she had allowed it to remain dormant. The motion was seconded by the Hon. W. Earnshaw. CHILDREN'S POSITION. In reply, the Leader of the Council (the Eight Hon. Sir Francis Bell) said there was no legal difficulty about women who married aliens, but there were strong arguments both for and against the proposal. Those difficulties were emphasised in 1923, when a Joint Committee of the House of Lords and tlie House of Commons, consisting of five members from each Chamber, was unable to agree in the, matter. Certainly, the Governments of His Majesty's Dominio- i were prepared to meet the wishes of the women's organisations, but there must be limitations. The nationality of the children must remain the nationality of the father, until the children' discarded the father's nationality by becoming naturalised. The children could not be naturalised or den.7turalised by act of the mother. In regard to the right of a woman to retain her nationality when she married an alien, it was almost admitted that there were very few women who beforo their marriage to an alien would elect to retain their British nationality. That was why a section of the Joint Committee referred to preferred that tlin opportunity should be given to a woman, to consider her position, some time after the marriage. No difficulty would arise in legislating to meet the cause of a woman who was separated from her husband and still residing in a British country. She could resume her British nationality and exercise her rights. If she was resident in British territory with a foreign husband a difficulty did arise in the family home of giving her the right to ignore the nationality of her 'land. SUBJECT TO LIMITATIONS. '•The matter is not so simple a one as might be imagined," said Sir Francis. "It is one which involves considerations which are not so apparent to meetings of women who advocate this change as it is to those who consider making a law to meet it. I wish to make it clear that I think the Dominions would agree that the definition of a British subject, should properly first come from the Imperial Parliament, and in that, connection lam glad tlio motion is so wojded as to seek an amendment of the British law of 1914, and not of our own law. Subject to the limitations I have defined, I have reason to believe that a measure to grant rights to women British by birth will be initiated in the Imperial Parliament, but 1 have, very grave doubts that it will go to the length which Mr. Cohen indicates as desired by the women of New Zealand. There is one point upon which the New- Zealand Parliament can at once, if it pleases, and ■ without constitutional difficulty, mod-1 ify what is called the hardship of these women in regard to the franchise. The franchise by our legislation is granted only to British subjects, and no alien can vote. There is no reason so far as I know why our Legislature Act should not be amended so as to grant th j franchise to women of British birth who may be married to aliens. But personally I will not agree thnt a British woman, -living as the wife of an alien, and having children, shall have; rights which her husband does not have. If there are British women here whose husbands .arc abroad our law could be amended granting them the rights of British citizens, notwithstanding their marriage with aliens." Sir Francis made it clear that he would not grant the franchise to women of British birth, living in New Zealand as the wives of aliens who refused to become naturalised. The Hon. W. W. Snodgrass expressed tne hope that the motion would not be passed. He would be sorry to be* a party to such a resolution being forwarded to the Imperial Government. It was very vague, and did not indicate how far the Council was' prepared to This attitude was supported by the Hon. G. J. Garland, who suggested that the motion be withdrawn. Mr. Cohen said he was content to allow the matter to stand as it was, and leave.it to the National Council of Women to say what action they would take. He offered to withdraw the motion. Sir Francis said he did not object to its being passed. The motion was thereupon put and carried on the voices.