PARLIAMENTARY DEBATE
Deprivation of Citizenship Status - 20 February 2019 (Commons/Commons Chamber)
Debate Detail
Those who stayed include some of the most dangerous, including many who supported terrorism, not least those who chose to fight or to raise families in the so-called caliphate. They turned their back on this country to support a group that butchered and beheaded innocent civilians, including British citizens; tied the arms of homosexuals and threw them off the top of buildings; and raped countless young girls, boys and women.
I have been resolute that, where those people pose any threat to this country, I will do everything in my power to prevent their return. This includes stripping dangerous individuals of their British citizenship. This power is used only in extreme circumstances, where conducive to the public good. Since 2010, it has been used about 150 times for people linked to terrorism or serious crimes.
We of course follow international law. An individual can be deprived of British citizenship only where it will not leave that individual stateless, where they are a dual national or, in some limited circumstances, where they have the right to citizenship elsewhere.
It would not be right to comment on any individual case, but I can say that each one is carefully considered on its own merits, regardless of gender, age or family status. Children should not suffer, so if a parent does lose their British citizenship, that does not affect the rights of their child.
Deprivation is a powerful tool that can be used only to keep the most dangerous individuals out of this country, and we do not use it lightly. However, when someone turns their back on fundamental values and supports terror, they do not have an automatic right to return to the UK. We must put the safety and the security of our country first, and I will not hesitate to act to protect it.
“conducive to the public good”,
can he set out the criteria he must use to make such judgments on the public good?
As the Home Secretary knows, the law prevents him from making someone who is British by birth stateless. In November, the Home Secretary lost a case before the Special Immigration Appeals Commission on a similar decision made by his predecessor to strip two terror suspects of their British citizenship. Then, as now, the Home Office contended that the two had Bangladeshi citizenship by descent, but the court ruled that that was not the case and that stripping them of British citizenship was therefore unlawful. Will the Home Secretary tell the House what changes have been made to the decision-making process since that case to give him confidence that he is acting lawfully now?
In removing British citizenship, the Home Secretary is essentially saying, “She’s somebody else’s problem,” but in the words of the former Conservative Chancellor of the Exchequer George Osborne:
“Which other country is supposed to look after her on our behalf?… Can you imagine the fury here if we took a French or Italian citizen who joined Islamic State?”
Surely a British citizen, born in Britain, is a British responsibility. The Home Secretary mentioned national security in his answer. Can he explain what evidence he used to conclude that this 19-year-old mother and her new-born baby would be a threat to national security? Will he confirm that the evidence required to prosecute Ms Begum for supporting terrorism is readily available from the media? Will he explain why he is so unwilling to bring her to justice?
Finally, will the right hon. Gentleman please tell the House what he expects to happen to Ms Begum’s new-born baby boy? This child is an innocent British citizen, and we have a clear responsibility to ensure his wellbeing. What steps is the Home Secretary taking to uphold that important responsibility?
The power has been in place for more than 100 years. It was set out properly in the British Nationality Act 1981, since when it has been used by successive Home Secretaries. Although I will not know every decision that every Home Secretary made in the past, I can be certain that none would have taken decisions on deprivation of British citizenship lightly. There are a number of things to weigh up: national security, moral issues and legal issues all need to be carefully taken into account. No decision of this type—as serious as this—can be taken lightly.
The right hon. Gentleman asked about the grounds for a citizenship decision. As I have said, I cannot talk about an individual case, although I am happy to try to answer his questions. Almost all these decisions, depending on how far back one goes, are made on what is called the “conducive test”: conducive to the public good. The test can apply to a number of issues—to the case prominent in the papers now, but also to many recent cases, including the ones that he mentioned, to do with terrorism and national security. In each of those cases, I would look at the evidence put in front of me: some of that would be secret intelligence and some would be more publicly available information. That would be used to determine the threat that the individual might pose to the country. Alongside that, officials from the Home Office, working with other partners and partner agencies, would put together a case, including a legal case, to look at a number of issues but of course absolutely to make sure that if we went ahead and took the decision to deprive someone of their British nationality, that person would not be left stateless.
In every decision that I am aware of—I cannot think that any of my predecessors would have taken a different decision—that has been applied, every single time. Our lawyers are expert in this field and would look carefully at judgments in previous cases—the right hon. Gentleman referred to those—if they have been challenged, to see whether there are lessons to be learned. Those would be taken into account. When a decision then has to be made, I have to be, in every case, absolutely confident that it is not only conducive to the public good, but legally proper and correct, and compliant with both international and any relevant domestic law.
The right hon. Gentleman may be interested to know that Lord Carlile, an individual whom he will know well, has already made a public comment—I can refer to public comment—about the case in the press at the moment and other such cases that he has been familiar with. He is worth listening to on how this practice has taken place in the past.
The right hon. Gentleman also asked about minors. Again, I cannot talk about any particular individual or case, but in the case of a minor, clearly even more care must absolutely be taken. It is absolutely paramount in all cases to take into account the welfare of minors. I cannot refer to any particular case, but that is also in domestic legislation: in any immigration decision, including about deprivation, the welfare of a child is taken into account where that is relevant.
Finally, I say gently to the right hon. Gentleman that he was a senior member of the previous Government. He was not only in the Cabinet: for almost three years, if I remember correctly, he was a member of the National Security Council. He would have discussed counter-terrorism issues in that council on countless occasions, and it would be hard to think that the issue of deprivation never came up. Not only was he a member of a Government who made decisions on deprivation, many on terrorism grounds, but he even voted for the Immigration Act 2014, which extended the powers of deprivation. Now he stands here pretending that he knows nothing of that and trying to play politics with such an important issue. He should reflect on that.
As this woman is only one, but several hundred have already come back and hundreds of various western nationalities are now stranded in Syria, is it not right that we should begin at least from the position that we should accept back the people who are obviously British, by every ordinary test of the word, and that others have to accept back everybody who is obviously a national of their state? Somehow leaving these people to disperse through Syria seems to me quite a serious threat to future security. We can use the full force of the criminal law —we must—and the full resources of the intelligence services once these people have got back here. That is how my right hon. Friend is going to be able to protect the British public.
My right hon. and learned Friend is right to point out that many hundreds of people from the UK—more than 900, we believe—have gone in recent years to Iraq or Syria to join terrorist organisations. There are many more from other European countries and countries such as the US and Australia. We work closely with our allies. I hope he welcomes the fact that we are trying to work even more closely with them following the recent news that Daesh is being defeated in the region, in the expectation that more people may want to come back to the UK or other European countries. We must work with our allies and see how we can co-ordinate and have a more unified approach.
“The United States is asking Britain, France, Germany and other European allies to take back over 800 ISIS fighters that we captured in Syria and put them on trial.”
Does the Home Secretary accept that what the security services have been calling for is a very specialised programme of questioning, interrogation, de-radicalisation and quite possibly putting these people on trial, fashioned for this group of foreign fighters and their supporters? What is not helpful is to strip them of their nationality, which on the face of what he has said appears to be on a wholly arbitrary basis.
On the particular issue of Shamima Begum, there is no question but that she has said some very reprehensible things in the media, particularly about the Manchester bombings. However, the Home Secretary knows that the Home Office lost two cases where it attempted to strip people of their nationality on the basis of Bangladeshi nationality by descent, so why is he going forward with the same strategy now? Let me remind the Home Secretary of article 15 of the universal declaration of human rights:
“(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality”.
Can the Home Secretary explain how his actions are not in breach of the articles of the declaration?
The right hon. Lady will also understand that the part of the world they are in is a very lawless and dangerous place, so it is not always possible—in fact, it is incredibly difficult—to gather evidence of their activities that could be used to try to have a successful prosecution, either in the UK or in the other countries with which we work closely. If we have evidence, we can help to bring about prosecutions either at home or with our allies. In each case, we work carefully with them. It is always the case that the preferred outcome is always one of justice, where there is evidence and we can be sure that there can be proper legal proceedings and proper hearings. Our preference in many of cases is to see if more people can be tried in the region. As I mentioned earlier to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), we are working with a number of other countries to see if more work can be done together. Sadly, this challenge is not unique to the UK but is shared across many countries including our European friends.
The right hon. Lady referred to other cases, as did the right hon. Member for Kingston and Surbiton (Sir Edward Davey). She knows that at any time any decision made by any Minister can rightfully be challenged by anyone in court. That is their right. But it would be wrong to take one particular case that may have been in the courts and apply it to all other potential cases that follow. It is worth repeating that where legal cases may have an impact, our own legal advisers, who are incredibly experienced and take these issues very seriously, would of course take them into account.
The right hon. Lady referred to the UN declaration of human rights. We absolutely abide by that and it is incredibly important that all Governments abide by it. She quoted the declaration by saying that no one should be made stateless. That is absolutely correct. No one should ever be made stateless and that is not something we would ever do. We would never take a deprivation decision if someone, as a British national, has only one nationality. We would not do that. We would not leave anyone stateless. She also suggested that these decisions are somehow arbitrary. As I said to the right hon. Member for Kingston and Surbiton (Sir Edward Davey), each decision is taken incredibly seriously. The facts are weighed on a case-by-case basis. It is anything but arbitrary.
I respectfully say that there is nothing that the Father of the House said with which I would disagree. The rule of law is fundamental to our democracy and if the Home Secretary thinks he can overlook the results of previous decisions, I would very gently suggest to him that he might want to seek a lecture about the doctrine of precedent from the hon. Member for Louth and Horncastle (Victoria Atkins), who is sitting beside him on the Treasury Bench. Unless this young woman holds dual citizenship, he may be found to have acted in breach of UK and international law by rendering her stateless. My question is this: is that a risk he is willing to take? Is he more interested in playing to the populist gallery than respecting the rule of law?
I also gently say to the hon. and learned Lady that it was in July, not that long ago, when another case was considered in an urgent question—the Kotey/Elsheikh case, again, related to foreign fighters—and in a similar way to now, she accused the Government of “departing from” Government policy. That was her language at the time. She went on to talk about how we were ignoring
“our long-standing policy on the death penalty”.—[Official Report, 23 July 2018; Vol. 645, c. 728.]
That was her accusation at the time. She will know that many months later, that case was looked at by the courts, quite properly—as is their job—and they ruled in the Government’s favour on all five counts, so if anyone is trying to play politics with this judgment, I think it is the hon. and learned Lady.
The right hon. Lady also referred to citizenship of other countries and how that may or may not work. She will know, as the Chair of the Select Committee on Home Affairs, that the citizenship rules can be very complex. They are complex in our country and have similar complexity in many other countries. However, we make sure that we work with lawyers, sometimes including foreign lawyers, if necessary, to make sure that our interpretation of how citizenship laws work is correct.
The hon. Lady will know that intensive work is being done across Departments, including through programmes led by the Home Office. We are doing our best. There are many people, especially young people, who seem vulnerable and are preyed upon by extremists. The first thing is to find out who they are—that is what we try to do with the Prevent programme, particularly through the Prevent duty—and then to develop bespoke programmes working around those individuals. Each case will be different. In the most intense cases, people move into the Channel programme. Last year, 7,000 people were referred to Prevent and of them about 400 went into the Channel programme. Many of those referrals were to do with Islamist terrorism, but almost half of the Channel referrals last year were to do with right-wing terrorism and extremism. We want to fight all types of extremism, and we work throughout the country, including in Greater Manchester, to do so. Just a few months ago, I went to Bethnal Green and looked carefully at the programme there, and I am very happy with what I have seen so far.
The Home Secretary has no idea what is going on with TPIMs. How many people who have been radicalised are having no action taken against them in relation to their capability to strike terrorism and radicalisation in this country? Will he give me some figures on TPIMs, and what control does he have over those?
The hon. Gentleman asked me about deprivations generally and talked about the rule of law. Of course we operate according to the law, as does any Government, and that law is set by this House. I referred earlier to the British Nationality Act 1981 and the Immigration Act 2014. Both talk about deprivation. The 2014 Act extended the provisions for how deprivations can be done. He was a Member of the House in 2014. I am not suggesting he voted for the Act—I do not know; the point is it was debated and is now the law. This is the rule of law. As well as that, we are signed up, quite rightly, to a number of international conventions that we care deeply about. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) mentioned the UN universal declaration of human rights. There is also the convention on the rights of the child, which is relevant in some cases. Those are all hugely important, and we absolutely abide by them.
I cannot stress enough that we would not make a decision that had not been looked at carefully by Government lawyers—experienced lawyers who have worked for many Governments—and which we did not feel to be absolutely lawful. I do not pretend for a second that Governments do not get decisions wrong and that decision are not sometimes declared unlawful if challenged—that has happened under many Governments, and when it does happen, Governments have to listen—but we strive every time to make a completely lawful decision. We have in the past published transparency reports in the House on deprivations—the last one, which was published in May, I think, gives year-by-year numbers—and we will continue to be transparent. The hon. Gentleman also asked about TPIMs. I do not have the exact numbers, but I will write to him.
It is worth saying that no matter what powers we have, any prosecution would require sufficient evidence because of our absolute commitment to due process. That is incredibly difficult when people have gone abroad, joined terrorist organisations and carried out the most horrific attacks. It can be incredibly difficult to achieve justice by obtaining evidence that we can present in a court of law under whatever power we have. That is why, as Home Secretary, I must look carefully at all the powers at my disposal. In some cases—and only in some cases—when it is deemed that the best way to keep this country safe is through deprivation of citizenship for someone who has more than one nationality, that should be taken as a serious option.
It is worth recalling that Daesh is a lot weaker than it was even a year ago, but certainly a lot weaker than it was when many people went out and joined it two or three years ago. It is not surprising that those who are there and who seem to be being pushed out of the region want to come home. They might have that thought, but we must know about each individual. It is our duty and our right to think carefully about the best interests of this country and how best to protect our citizens.
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