PARLIAMENTARY DEBATE
Shamima Begum and Other Cases - 11 March 2019 (Commons/Commons Chamber)
Debate Detail
It would not be appropriate for me to comment on the details of an individual case—although, clearly, the loss of any child is a tragedy—but, if I may, I will address some of the issues that have been raised. First, these decisions are made very carefully. Where citizenship deprivation is being considered for national security concerns, decisions are based on advice and intelligence from the security services, counter-terrorism police, and specialist security and legal officials in the Home Office. When people dedicated to keeping our country safe give an informed recommendation, any Home Secretary should listen very carefully. Secondly, we are unable to provide support to British nationals within Syria as the UK Government do not have a consular presence there. Thirdly, the status of a child does not change if their parents’ British citizenship is subsequently revoked.
There are no easy answers. I must also think about future conflicts and the precedents that we set. I do not want any more children brought into a war zone because their parents think that they will automatically be bailed out, no matter what the risk. However, the UK is doing all we can to help innocent people caught up in this conflict. We have committed £2.8 billion to Syria since 2012—our largest ever response to a single humanitarian crisis—and we are on track to resettle 20,000 vulnerable refugees who have fled the country, with our national resettlement programmes resettling more than any other EU member state in 2017.
Of course, I understand the public interest, so I have asked my officials to expedite the publication of our next transparency report on disruptive and investigatory powers, including the most up-to-date annual figures on the deprivation of citizenship. This Government remain committed to protecting our citizens around the world, but I will not shy away from using the powers at my disposal to protect this country.
Instead, the Home Secretary, in the face of a media outcry, chose to strip Shamima of her citizenship. He knows that many authorities contend that that was done illegally, because she was not a dual national. Article 15 of the United Nations declaration of human rights states:
“Everyone has a right to a nationality. No one shall be arbitrarily deprived of his nationality”.
Does the Home Secretary accept that the child was British? Does he further accept that the British legal system does not hold children responsible for the wrongdoing of their parents? Does he also accept that, despite what Ministers have said about the dangers of sending officials into the refugee camp, aid workers, doctors and journalists go backwards and forwards to and from those camps all the time?
Does the Home Secretary further accept that, by stripping Shamima of her nationality, he made it impossible for her to fulfil her duties as a mother and bring her baby home to a safe place? Will he confirm that, as he said earlier, as well as taking legal advice, he took advice from the police and security services about the desirability or otherwise of bringing Shamima home? Can he explain why he deemed this 19-year-old, with a baby that was not quite three weeks old, more dangerous to Britain than the hundreds of foreign fighters who have already been allowed to return?
We now know that there are other British women in those camps who have been stripped of their nationality by the Home Secretary’s predecessor, the right hon. Member for Hastings and Rye (Amber Rudd). Can he assure the House that he will work with the Foreign and Commonwealth Office to see how best those British children’s rights can be protected?
The Home Secretary’s decision in this case has caused widespread concern and alarm. We understand the issue of keeping British people safe, but this was a British baby, who is now dead. No Opposition Member condones—[Interruption.]
The Government are committed to protecting British citizens, but it is very different when it comes to a war zone where there is no consular presence. That is a fact not just under this Government; it has been a fact under successive Governments and it is true for many other European countries. For the same reasons that we do not have a consular presence, they do not have a consular presence. Whichever British citizen in that war zone in Syria the right hon. Lady might be referring to, whether a child or an adult, if there is no consular presence there is no way for British authorities—as much as someone might want to, especially in the case of a child—to provide any type of assistance.
The right hon. Lady is trying to make this issue about British citizenship. It is not about British citizenship. One confirmation I can give to one question she asked is that it is the case that if a child is born to someone who is a British citizen at the time the child is born, that child is a British citizen, even if the parent’s citizenship is subsequently removed. This is not about citizenship; it is about the ability of the British state to help. For the British state to send officials, whether Foreign Office officials or others, into Syria in a war zone would risk the safety of those officials. That is why the Foreign Office has been very clear, ever since 2011, that no British citizen should travel to Syria in any circumstances, because it is incredibly dangerous. That is the view taken on Syria by almost every other liberal democracy, even when it comes to children from their own countries and their own citizens.
The right hon. Lady suggested, on citizenship deprivations, that the Government are somehow making decisions that are making people stateless. She rightly stated that that would be illegal under international law. That means that no such decision can be made, whether by this Home Secretary, my predecessors, or previous Labour Home Secretaries. Under international law, no decision can be made unless the Home Secretary is satisfied, based on expert advice, that that individual will not be left stateless.
The death of any British child, even one born to a foreign terrorist fighter, is of course a tragedy, but the only person responsible for the death of that child is the foreign terrorist fighter.
May I ask the Home Secretary to address the security implications for our safety? There are thousands of European nationals who are jihadists. They are now scattering over the middle east, in camps and elsewhere, trying to get out. Does he not agree that if each European country desperately tries to turn away its own in the hope that they will go to some other country, we will actually expose ourselves to considerable danger? Is it not preferable that everybody who gives up and wants to return to their own country comes back to that country, where they can be put in the hands of the police, prosecuted if necessary, and kept under surveillance by the intelligence services for as long as is necessary?
On the security implications that my right hon. and learned Friend asked about, clearly there is a balance that needs to be met. The primary objective should be the safety and security of all those who live in the United Kingdom. That should be the overriding concern, based on expert advice and expert intelligence about what is necessary to protect British citizens. There is a case for more co-operation with our international partners because, as I mentioned earlier, they face many similar challenges. It is something that I discuss regularly, especially with our European partners—I discussed it just last week in Brussels with some of them—and that we are trying to get better co-ordination on so we can better manage some of the joint threats that we face.
Last time I raised this matter, the Home Secretary was very stung by my criticism and suggestion that revoking Ms Begum’s citizenship might have been contrary to law, but in the meantime, many other lawyers, in addition to the right hon. and learned Member for Rushcliffe (Mr Clarke), have pointed out that the basis of his decision is questionable, because it seems quite clear that Ms Begum has no right to Bangladeshi citizenship. There are claims that the Home Secretary did not consult either the Attorney General or the Solicitor General before making his decision—something that could leave him vulnerable in the event of a legal challenge. Will he tell us whether these claims are accurate, and will he refrain from retreating behind the argument that the case is sub judice, as you have already explained to him, Mr Speaker, that that is not the case?
Other countries, including the Republic of Ireland, that are faced with this situation are not depriving their citizens of citizenship, but are taking responsibility for citizens radicalised on their watch, rather than dumping them on poorer countries whose security arrangements are already strained to the nth degree. Finally, in the camps and hospitals of northern Syria, there are many more innocent children who are not British citizens. The Kurdish authorities need more help to deal with these families and these innocents fleeing Daesh. What discussions has the Home Secretary had with his Foreign Office counterparts in respect of that humanitarian aspect of the situation?
The hon. and learned Lady also made a reference to women foreign terrorist fighters. All I would gently urge is that no one should make a judgment on the threat that a foreign terrorist fighter poses to our national security based on their gender. That would be entirely wrong.
The hon. and learned Lady has also questioned the legality of such decisions. As I have said—I am happy to repeat it—these decisions are never taken lightly and are based on both expert security advice, intelligence advice and legal advice. As to the last part of her question, the Minister for the Middle East, my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), will be making a statement later in which he will cover that point.
On the second part of my right hon. Friend’s question about the security risks posed, whether it is our security or that of others, we need to look carefully at the security threats, but first and foremost I must be concerned about the safety and security of all those who live in the United Kingdom, and, where threats remain after we take action, we will work with our international partners to minimise them.
My right hon. Friend rightly talked about communities and community relations. It should be borne in mind that many members of the British Muslim community do not want foreign terrorist fighters to return to this country, because they fear both the precedent that that will set for future potential foreign fighters and the radicalism of vulnerable young British Muslims by those returning foreign fighters.
I recognise, especially given what she has said in the media, the abhorrent views that Shamima Begum now holds and the fact that she has been radicalised, but, that said, no child should face punishment for the sins of its parent, and in this case that child is the child that died. I disagree with the Home Secretary’s decision to rescind her citizenship, because doing so makes her stateless, given that the Bangladeshi authorities do not recognise that she has citizenship of their country.
That said, national security and the protection of our communities are paramount. I want to flag up some of the issues that my constituents have raised, because we need to think deeply about how we deal with them. My constituents are concerned about the fact that the case has gained the oxygen of publicity, and about the abhorrent views that have been allowed to be peddled in our media day in, day out. My constituents are worried about the repercussions and the possibility of a backlash from far-right groups. I have already had cases of innocent people, who happen to be Muslim, being attacked. Those are the issues that we have to reckon with and deal with.
My constituents are concerned to ensure that if people are returned—as they should be, given the debates about nationality—they should be prosecuted and face the full force of the law. If those people are returned into their communities, we face the massive challenge of dealing with backlashes in those returnees’ localities. Our constituents become vulnerable to attacks from the far right and other religious extremists, and they may face unhelpful media attention while they are trying to get on with their lives.
I ask the Home Secretary this, once again: will he please work with the Foreign Secretary and our allies in other countries to come up with a long-term solution? We must address the problem of people who go to conflict regions, to ensure that they do not find clandestine ways to return to our country, create more insecurity and pose a greater danger to people’s lives.
The hon. Lady has said a lot, and I have listened carefully. If it would help, I would be very happy to meet her later and discuss some of those issues in more detail.
As the hon. Gentleman says, our duty is to prevent further loss of innocent life, including of children in Britain. The Home Office’s paramount responsibility is to keep this country safe.
My hon. Friend refers to a particular case, but where a child is in a camp or anywhere else in Syria who happens to be a British citizen, it is not possible for our officials, without risk to their own lives and their own safety, to enter Syria. To do so would be to provide that consular presence, which cannot happen. That is why we have been very clear in our approach.
Finally, as I mentioned earlier, whenever a decision is taken to carry out a citizenship deprivation and a child may be affected by that decision, it is taken into account.
As I have previously raised with the Home Secretary, 900 British nationals went and 400 have come back, and 40 of those have been prosecuted, with some receiving heavy sentences. The United Kingdom stands for the rule of law and justice. What is the difference between those cases and this case in depriving a person of their citizenship? We need to apply our laws fairly, justly and consistently.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.