Why we can't be English

I've had an email from the Nationality Office today with an explanation of why we can't have English nationality.

Dear Mr Parr,

I am sorry for the delay in responding to your further comments below, which I at first took to be rhetorical.

Section 12 of the British Nationality Act 1981, in full conformity with Article 15 of the Universal Declaration of Human Rights, enables me to renounce my British citizenship if I can satisfy the Secretary of State that I have or am about to acquire "some citizenship or nationality other than British citizenship". But my choice of other citizenships/nationalities is, in practice, limited by certain legal and political realities. I cannot opt, instead, for English nationality because the law enacted by Parliament (which, as matter of international and domestic law, is the only competent authority to make law on nationality for the United Kingdom) provides for no such status. Neither can I opt for, say, nationality of Atlantis because international law recognises only the nationality of "States" and there is no State of Atlantis.

I suggest that those who framed Article 15 of the Universal Declaration on Human Rights must have had in contemplation the pre-existing legal norms and traditions relating to nationality and its recognition by other countries. In particular, they would have been aware of the following articles of the 1930 Hague Convention on
Certain Questions Relating to the Conflict of Nationality Laws:

Article 1: "It is for each State to determine under its own law who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom and the principles of law generally recognised with regard to nationality."

Article 2: "Any question whether a person possess the nationality of a particular State shall be determined in accordance with the law of that State."

Since the adoption of the Universal Declaration, these principles have been repeated by the International Court of Justice in the case of NOTTEBOHM (1955) ICJ Reports 4.

Finally, I should perhaps point out that the Universal Declaration on Human Rights was merely "proclaimed" by the General Assembly of the United Nations as "a common standard of achievement for all peoples and all nations". It was not (unlike, say, the European Convention on Human Rights) subject to any signature or ratification process by national governments or legislatures.

Anthony Pilgrim
Nationality
Policy & Special Cases Unit
Home Office

Ok, I can where he's coming from. Just to make sure I asked ...

Hi Anthony,

Thank you for getting back to me, I had all but given up on you!

I think I see where you're coming from. The British government is the legal authority for nationality in England and I couldn't exchange my British nationality without the British government knowing I had another nationality waiting for me. As the British government won't allow an English nationality, they won't relinquish my British nationality?

Is that about right?

Says Anthony ...

Correct.

Anthony Pilgrim
Nationality Policy & Special Cases
Unit
Home Office

So there you have it. I can see their point of view but I still think the whole situation is wrong. We need an English Parliament to promote England, we clearly can't expect the British government to do it.