NATIONALITY OF WOMEN.

Press, Volume LXIII, Issue 19142, 27 October 1927, Page 14

NATIONALITY OF WOMEN.

WIVES OF ALIENS.

« REMOVAL OF DISABILITIES SOUGHT. [THE PRESS Special Service.] WELLINGTON, October 26. A question which has been the subject of representations by the New Zealand National Council of Women and women's organisations in other parts of the Empire for some'years was .raised in the Legislative Council yesterday by the Hon. Mr 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, 1014, in order to remove certain disabilities at present suffered by British and New Zealand born women who are married to aliens, and to redress the grievances of children bcrn of such marriages." Mr Cohen pointed out that similar resolutions had been passed by the House of Commons and by the Commonwealth Parliament. He quoted from the official report of the Imperial Conference to show that the matter bad been considered and been reported .upon by an expert committee. Some members of the committeo favoured a change in the law to"~provide for British women to retain their British nationality when they married aliens. Others considered that the wife should be given . a certain period of time within which to decide -whether she wished to retain her British nationality or not. The Committee made certain recommendations and embodied them in a Bill which had been approved by nearly all interested women's organisations.

The motion, was seconded by the Hon. Mr Earnshaw. Tn reply, the Leader of tho Council (Sir Francis Boll) said there was no legal difficulty about women who married aliens, but there were strong arguments both for and against tho proposal. Those difficulties were emplia--sised in 192-3 when a Joint Committee of the House of Lords and the House of Commons was unable to agree on the matter. Certainly, the Governments of his Majesty' dominions 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 hy liecoming naturalised. , The children could not be naturalised or denaturalised by tl

the 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 before their marriage to aliens- would elect, to retain their British, nationality. ' That' was why the section of tbe Joint Committee referred to preferred that- an opportunity should be given to the wife to consider her position', some time after her marriage. No.difficulty would arise in legislating to meet' the case of a woman who was separated from her husband and gtill residing in a British country. She could resume her British nationality and exercise, her rights if she were a, 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 husband. . *•' "The matter is not so simple a one as might be imagined." said Sir Francis; "It is one jvhich involves considerations which are not so apparent to meetings of women who advocate this change as it is to those whi» 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 connexion I stf. glad the motion is so worded as to seek an amendment to the British law of 1911 arid'not of our own law. 'Subject.tothe I have defined, I have reason to belieive that a measure to grant rights to women British by birth will be initiated in tbe Imperial Parliament. I have very grave doubts about it going to the length which Mr Cohen indicates as desired bv the women of New Zealand. •"There is one point upon which the New Zealanld Parljament can at once, if it pleases, and without constitutional difficulty modify what is called ' the hardship of these women in regard to franchise. By our legislation the franchise 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 bo amended'so as to grant the franchise to women of British birth who may.be married to aliens, but personally I will ndt agree, that a British woman living as the wife of an alien and having children shall have rights which her husband does not have. If there arc British women here whose husbands are abroad your. law could be amended, granting .them the rights of British citizens, notwithstanding their marriage with aliens." Sir Francis made it dear that ho would not grant the franchise to women of British birth living in New Zealand as the wires of aliens who refused to become naturalised. The motion was carried on the voices.