Immigration Bill

(Limited Text - Ministerial Extracts only)

Thursday 30th January 2014 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 12—Power to charge fees for attendance services in particular cases.

Government new clause 18—Deprivation of citizenship: conduct seriously prejudicial to vital interests of the UK—

‘(1) In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after subsection (4) insert—

“(4A) But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if—

(a) the citizenship status results from the person’s naturalisation, and

(b) the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory.”

(2) In deciding whether to make an order under subsection (2) of section 40 of the British Nationality Act 1981 in a case which falls within subsection (4A) of that Act, the Secretary of State may take account of the manner in which a person conducted him or herself before this section came into force.’

Manuscript amendment (a) to Government new clause 18, after proposed new subsection (4A)(b) in subsection (1), insert

‘and

(c) the court gives the Secretary of State permission under subsection (4B).

(4B) (1) This sub-section applies if the Secretary of State:

(a) makes the relevant decisions in relation to an individual in a case which falls within subsection (4A)

(b) makes an application to the court for permission to make an order.

(2) The application must set out how the deprivation is conducive to the public good and how the person, while having that citizenship status, has conducted himself or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, and of the islands, or any British overseas territory.

(3) The function of the court on the application is:

(a) to determine whether the relevant decision of the Secretary of State is

obviously flawed, and

(b) to determine whether to give permission to deprive a person of citizenship in a case which falls within subsection (4A)

(4) In determining the application, the court must apply the principles applicable on an application for judicial review.

(5) In a case where the court determines that a decision of the Secretary of State in relation to the conditions set out in subsection (4A)(b) is obviously flawed, the court may not give permission under this section.

(6) In any other case, the court may give permission under this section.’.



Manuscript amendment (b) to Government new clause 18, after subsection (2), insert—

‘(3) The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998.’.

New clause 13—Right of appeal: Impact assessment—

‘Before the Secretary of State makes an order under section 65 (commencement) to bring into force section 11 (Right of appeal to First-tier Tribunal) he must—

(a) undertake an impact assessment of—

(i) the number of appeals effected by the provisions of section 11; and

(ii) the costs attributable to appeals to First-tier Tribunals; and

(b) lay a copy of a report on that impact assessment before Parliament.’.

New clause 15—Exceptions to automatic deportation—

‘(1) The UK Borders Act 2007 is amended as follows.

(2) In section 33 (Exceptions), in subsection (2)(a), for “Convention rights”, substitute “rights under Articles 2 or 3 of the Convention”.

(3) In section 33, after subsection (6A), insert—

“(6B) Exception 7 is where the Secretary of State thinks, taking into account all the circumstances of the case including the seriousness of the offence, that removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would cause such manifest and overwhelming harm to his children that it overrides the public interest in removal.”.

(4) In section 38 (Interpretation)—

(a) after subsection (3), insert—

“(3A) In section 32, “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).”;

(b) omit paragraph (4)(b);

(c) after subsection (4) insert—

“(4A) In section 33, “rights under Articles 2 or 3 of the Convention” means Articles 2 or 3 of “the Convention” as defined in the Human Rights Act 1998 (c. 42).”.’.

Amendment 74, in clause 1, page 2, line 34, at end add—

‘(7) The Secretary of State shall by order—

(a) ensure that children are not detained for immigration purposes, except in the following circumstances—

(i) where the Home Secretary reasonably believes they are a threat to national security;

(ii) in port or border cases where departure is the following day and no application for a visa or asylum has been made; or

(iii) to provide pre-departure accommodation under subsection (7)(b); and

(b) ensure that if a child requires accommodation prior to departure it is—

(i) dedicated pre-departure accommodation which is subject to inspection by HMIP;

(ii) for a maximum period of 72 hours;

(iii) following a recommendation made by the Independent Family Returns Panel, and

(iv) with their family.

(8) Where subsection (7)(a)(ii) and (iii) applies, the officer responsible must ensure that children are only separated from their parents and carers for the purposes of child protection.’.

Amendment 79, page 2, line 38 leave out clause 3.

Amendment 56, in clause 3, page 2, line 41, at end insert—

‘(1A) In paragraph 16 (detention of persons liable to examination or removal) after paragraph (4) insert—

(5) A person detained under this paragraph must be released on bail in accordance with paragraph 22 after no later than the twenty-eighth day following that on which the person was detained.”.’.

Amendment 57, page 3, line 10, leave out subsection (3) and insert—

‘(3) In paragraph 22 (bail) at end insert—

(4) The following provisions apply if a person is detained under any provision of this Act—

(a) The Secretary of State must arrange a reference to the First-tier Tribunal for it to determine whether the detained person should be released on bail;

(b) The Secretary of State must secure that a first reference to the First-tier Tribunal is made no later than the eighth day following that on which the detained person was detained;

(c) If the detained person remains in detention, the Secretary of State must secure that a second reference to the First-tier Tribunal or Commission is made no later than the thirty-sixth day following that on which the detained person was detained;

(d) The First-tier Tribunal hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail; and

(e) The First-tier Tribunal must determine the matter—

(i) on a first reference, before the tenth day following that on which the person concerned was detained; and

(ii) on a second reference, before the thirty-eighth day following that on which he was detained.

(5) For the purposes of this paragraph, “First-tier Tribunal” means—

(a) if the detained person has brought an appeal under the Immigration Acts, the chamber of the First-tier Tribunal dealing with his appeal; and

(b) in any other case, such chamber of the First-tier Tribunal as the Secretary of State considers appropriate.

(6) In case of a detained person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security) a reference under sub-paragraph (3)(a) above, shall be to the Commission and not to the First-tier Tribunal.

(7) Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this paragraph.”.’.

Amendment 73, page 4, line 23, leave out clause 5.

Amendment 1, page 8, line 19, leave out clause 11.

Government amendment 6.

Amendment 80, in clause 12, page 10, leave out lines 18 to 33.

Government amendment 7.

Amendment 81, page 11, line 32, leave out clause 13.

Amendment 2, in clause 14, page 12, line 22, at end insert—

‘(za) first, to the best interests of any child affected by a decision as specified in section 117A(1).’.

Amendment 3, page 13, line 11, leave out ‘qualifying’.

Amendment 4, page 13, line 12, leave out ‘reasonable to expect’ and insert

‘in the best interests of’.

Amendment 62, page 13, leave out lines 14 to 39 and insert—

117C Cases involving Foreign Criminals

(1) No decision of the Secretary of State under section 33(6B) (Exceptions) of the UK Borders Act 2007 may be questioned except on appeal to the High Court.

(2) For the purposes of determining whether to give permission to appeal and determining any such appeal under subsection (1) the High Court must apply the procedures and principles which would be applied by it on an application for judicial review.’.

Amendment 58, page 13, leave out lines 19 to 39 and insert—

‘(3) The promotion of the best interests of children is in the public interest.’.

Amendment 5, page 13, line 44, leave out from beginning to end of line 3 on page 14.

Government amendments 23 to 26, 45 to 53 and 27.

Amendment 61, in clause 65, page 50, line 27, at end insert—

‘( ) Section 1 and Part II of this Act shall come into force on a day to be appointed, being no earlier than the day on which an order made by the Lord Chancellor under section 9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 in respect of civil legal services in connection with removal under section 1 and appeals under Part II comes into effect.’.

Government new schedule 1—Sham marriage and civil partnership: administrative regulations.

Amendment 60, in schedule 1, page 54, line 13, leave out paragraph (5).

Government amendments 28 to 44, 8 to 16, and 54.

Government motion to transfer paragraph 44 of schedule 8.

[Mrs May]

It might be helpful, before I comment on new clause 11, to set the context in which the amendments and new clauses are being moved.

This is an important Bill. It has, I think, widespread support outside this House, and will ensure that the Government have greater ability to make it harder for people to live in the United Kingdom illegally. It will make it easier for us to be able to remove people who are here illegally and will streamline the process for appeals, reducing the number of appeals from 17 to four. It will also, crucially, enable us, in certain circumstances, to deport individuals before they have their appeals, so that their right of appeal is outside of this country. It also introduces a variety of measures, one of which I will be coming on to speak to, because it relates to some of the technical amendments ensuring that people who come to this country for a temporary period contribute to our public services, as I think every hard-working family would expect them to do. It is this Government who are putting that through in the Bill.

The Bill is important because it will enhance our ability to deal with a number of immigration matters, although that is against the background of our success in reducing net migration into this country and particularly in dealing with the abuse of certain immigration routes, notably student visas. That is the context of these amendments. I take the point made by the hon. Member for Brighton, Pavilion (Caroline Lucas) about the number of amendments, but many of them are very technical and minor amendments.

Government new clause 11 is intended to ensure that the marriage and civil partnership provisions work as effectively as possible. Importantly, part 4 of the Bill will establish a new referral and investigation scheme to prevent sham marriages and civil partnerships from gaining an immigration advantage. Increasingly, sham marriages are being used as a back-door route around immigration rules. The ability to do that has been extended by the Metock case in the European Court, which has enabled people from outside the EU married to someone within the EU to gain free movement rights. There is concern about sham marriages not only in the UK, but in other parts of the EU, and the UK is leading work across Europe.

[Chris Bryant (Rhondda) (Lab)]

The right hon. Lady is right about sham marriages, which are an issue I tried to raise last summer. It is crazy that the law does not allow registry offices to provide information on all marriages being sought, where immigration might be an issue, directly to the Home Office. At the moment, Home Office officials have to go and look at the board on the wall in the office. Could we not change the law?

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[Mrs May]

The Bill will enable that reporting mechanism. In particular, because we are extending the period that the Home Office has in which to investigate, we should see more cases being investigated. The large number of sham marriages is a problem. Sadly—I am an active member of the Church of England—there have been court cases involving Church of England clergymen actively conducting sham marriages and being brought to justice as a result. It is important, however, that we have the mechanisms in place to deal with that.

[Mel Stride (Central Devon) (Con)]

My right hon. Friend mentions that the notice period for marriages will be extended, which I fully support, but will she also confirm that the Bill will provide for shorter periods in exceptional circumstances? For example, people fighting in our armed forces overseas might, for very legitimate reasons, need a shorter notice period.

[Mrs May]

I am grateful to my hon. Friend for giving me the opportunity to clarify this issue. We will retain that ability, in certain emergency circumstances, to reduce that period for people with an urgent need to marry. It could be in the circumstances he highlights or, for example, where someone is on their deathbed. That is another emergency circumstance we want to cover.

It is important that we can deal fully and properly with sham marriages, and I believe that the Bill will enhance our ability to do that.

[Pete Wishart (Perth and North Perthshire) (SNP)]

The right hon. Lady will know that marriages and civil partnerships are covered by Scots law and are matters for the Scottish Government. Why, therefore, is there not a legislative consent motion for this or any other part of the Bill? Surely, there should be an LCM in the Scottish Parliament so that these things can be discussed and passed properly.

[Mrs May]

If the hon. Gentleman will have a little patience—I know he might find it difficult—I will explain how the Bill will enable us to discuss such matters with the Scottish Government.

The basic design of the scheme is straightforward, but the statutory framework into which it has to be introduced is complex—marriage law in England and Wales dates back to 1949—which is why we are bringing forward further technical changes. The changes need to be reflected in the law governing civil partnership, thereby doubling the number of amendments that are required. I have said before on a number of occasions that I think it is preferable for the Government not to table too many amendments at this stage, but these are minor and technical. I hope that people will appreciate the importance, when dealing with a part of the law that is so complex, of ensuring that we are able to make amendments to ensure we get it right and that the operation of the law is appropriate.

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[Mr Speaker]

Order. I am extraordinarily grateful to the hon. Gentleman. I think that what might be called by a lawyer the gravamen of his point has been heard. I do not think that a judge in one of the courts in which the hon. Gentleman has served would have allowed him to bang on for the length of time I have allowed him.

[Mrs May]

To clarify, the Bill increases the marriage and civil partnership notice period from 15 to 28 days in England and Wales for all couples, and allows it to be extended to 70 days where there are reasonable grounds to suspect a sham. But we will be retaining the ability in emergency cases such as those set out by my hon. Friend to require the notice period to be shorter than is being provided for.

[Chris Bryant]

I am trying to help the Home Secretary. She referred earlier to clergymen. Will she confirm that she is not changing the law in relation to clergy at all, which actually will still be the weak point in the system?

[Mrs May]

I accept that we are changing the law in relation to the state obligations of civil registrars, which is part of the state apparatus in relation to this matter. There is not a requirement on clergy to report in this way. With his background, I am sure that the hon. Gentleman will share with me a desire to give a clear message that we have considerable concerns where we see clergymen indulging in the practices that I referred to earlier. We have discussed new measures with the Church of England and the Church in Wales and will continue to involve them in our plans for implementation. We are removing bands on the common licence route for non-EEA nationals to ensure that couples within the scope of the referral scheme are correctly identified. I hope that that gives the hon. Gentleman some comfort.

[Mr Jim Cunningham (Coventry South) (Lab)]

Will the Home Secretary clarify her response to an earlier interjection on registrars notifying the Home Office about impending marriages, which appears to be one of the weaknesses?

[Mrs May]

They will refer all non-EEA marriages to the Home Office, and the purpose of the extension of the notice is that it gives further time for investigations to be conducted. In particular, the possibility of allowing that notice period to be extended to 70 days where there are reasonable grounds to suspect a sham will enable the Home Office to investigate whether there is a genuine relationship and take immigration enforcement action where these are indeed sham cases. That will mean that an immigration advantage cannot be gained by entering into a marriage or civil partnership, if that were to go ahead. The Bill extends the powers for information to be shared by and with registration officials to help tackle these problems of sham marriages, immigration offences and, indeed, wider criminality and abuse.

I promised the hon. Member for Perth and North Perthshire (Pete Wishart) that I would refer to Scotland. The amendments allow further discussion with colleagues in Scotland and Northern reland about the extension there of the referral and investigation scheme. The new clause and schedule reflect no change in our overall approach but clarify the basis on which the Secretary of State may make regulations for the scheme in Scotland and Northern Ireland.

New clause 11 also makes specific provision for the Secretary of State to make regulations and orders concerning the operation of the referral and investigation scheme in Scotland and Northern Ireland when a clause 48 order has been made to extend the scheme there. Regulations concerning the operation of the scheme in Scotland and Northern Ireland will be subject to consultation with the relevant Registrar General, as they are in England and Wales, and they will be subject to the negative resolution procedure.

New schedule 1 supports the new clause by setting out the purposes for which regulations can be made under it, for example in respect of the specified evidence required of couples referred under the scheme. Amendment 27 to clause 64 provides for any order made under the new clause, for example in respect of the information required to give notice when an non-EEA national is involved, to be subject to the affirmative resolution procedure. Amendments 23 to 26 to clause 52 provide an explicit reference in respect of the requirement for certain non-EEA nationals to give notice at a designated register office of civil partnerships to be formed in Scotland or Northern Ireland, in a similar manner to the existing provision relating to England and Wales, and it clarifies the requirements in such cases.

Amendments 28 and 29 to schedule 4 reflect the fact that the Marriage (Same Sex Couples) Act 2013 will, where applicable, allow same-sex couples to provide evidence of consent to a same-sex marriage from their religious organisation’s relevant governing authority after notice of marriage has been given. The amendments will ensure that such couples are not prevented from giving notice if they do not yet have the evidence.

Amendment 30 to schedule 4 ensures that the requirement to provide additional information at the point of giving notice does not apply to a proposed marriage between former civil partners one of whom has changed sex. Amendment 37 to schedule 4 is an equivalent provision for a proposed civil partnership between former spouses one of whom has changed sex. Such couples will not be within the scope of the referral scheme, because no immigration advantage could be obtained from the marriage or civil partnership, and there is therefore no need for the provision of the additional information.

Amendments 31 to 33 to schedule 4, which relate to marriage, and amendments 38 to 40 to schedule 4, which relate to civil partnership, clarify the drafting of the requirement for additional information from couples who are within the scope of the scheme. They also limit the requirement to provide details of other names and aliases that are used to couples when one or both parties state that they do not have the appropriate immigration status or a relevant visa, or state that they have it but provide no evidence. Amendments 34 and 42 to schedule 4 make minor drafting corrections.

Amendment 35 to schedule 4, which relates to marriage, and amendment 41 to schedule 4, which relates to civil partnership, ensure that the Secretary of State notifies the couple, as well as the registration official, of the decision on an application to shorten the notice period in exceptional circumstances in a case referred under the scheme.

Amendment 36 to schedule 4, which relates to marriage, does two things. First, it makes a consequential change reflecting the new notice provisions. Secondly—along with amendment 43, which relates to civil partnership—it ensures that the legal validity of a marriage or civil partnership cannot be challenged just because notice of a decision under the referral and investigation scheme was not properly given by the Secretary of State.

[Mr Peter Bone (Wellingborough) (Con)]

Let me give the Home Secretary some time in which to take a breath before she continues to go through her 50 amendments. Does she think it unfortunate that the Government did not include the amendments in the original Bill, rather than tabling them on Report and not giving us enough time to debate them?

[Mrs May]

When my hon. Friend made a similar point during Home Office Questions on Monday, I said that I thought that it was always better for the Government to be able to ensure that they had covered every aspect of a Bill in the original drafting, and I am sure that that view is shared throughout the House. However, as I said at the beginning of my speech today, these are very technical issues, many of which, including some that I shall discuss later, were raised in Committee. It was appropriate for the Government to respond to the points that were raised then, and to table amendments accordingly when that proved necessary.

Amendment 44 to schedule 5 will enable registration officials to disclose information about reports of suspected shams to the Registrar General under sections 24 and 24A of the Immigration and Asylum Act 1999, as well as to other registration officials and the Secretary of State. That will support inter-agency work to tackle sham marriages and civil partnerships. New clause 12, which I tabled, relates to the deprivation of citizenship.

[Michael Ellis]

Does the Home Office have any idea how many people are gaining immigration status through the route of sham marriages or civil partnerships? Is that an easily ascertainable figure, even if it is an approximation?

[Mrs May]

It is not an easily ascertainable figure. The proposals that we are discussing will enable us to investigate more cases. We have made assumptions based on marriage registration statistics, the volume of reports of suspected sham cases from registrars and feedback from immigration caseworkers who deal with applications that are made on the basis of marriage or civil partnership. The resulting estimate was that between 4,000 and 10,000 applications a year are made to the Home Office on the basis of a sham marriage or civil partnership. My hon. Friend will see from the breadth of the estimate that we need to approach the matter with caution, but it does give a guide to the potential scale of the abuse. There are details in the explanatory paper that we have published on part 4 of the Bill. I expect these provisions to give us a greater ability to identify cases, and therefore to ascertain the number of them.

I apologise to the House, because I was getting ahead of myself in setting out my new clauses. New clause 12 relates to fees. I will come on to the new clause that relates to the deprivation of citizenship afterwards. On fees, we remain committed to ensuring that the UK continues to attract tourists and the brightest and best migrants, including those who are considered to be commercially important to the UK. To ensure that we can do that, it is important that our immigration and visa services are a match for or better than those provided anywhere else in the world.

In a number of important respects, our visa services are already world class. We have expanded and improved the network of visa application centres. There are now 200 around the world, with 12 in each of India and China compared to the three or four that are on offer from most of our competitors. We have introduced online application and booking systems, and 95% of applications are now submitted online. Online applications are supported by translated help text and extensive web guidance. We have also established a business network with dedicated UK visa staff to assist businesses with their visa requirements. All of that is in line with our desire to attract the brightest and best to the UK.

[Keith Vaz (Leicester East) (Lab)]

I endorse everything that the Home Secretary has said about the international section of the Home Office. Does she think that there is an opportunity for more face-to-face interviews to be conducted in the posts abroad, or at least for people to be interviewed from this country through the new system of televised interviews?

[Mrs May]

The right hon. Gentleman raises the important matter of face-to-face interviews. I have made it very clear that I want to increase the number of such interviews. We reached the number that I had hoped for by the end of the year, which was 100,000. Some of the interviews are physically face-to-face and some, as he has indicated, take place remotely through the use of video screens. That is an important tool in ensuring that people who apply for visas meet the criteria that have been set. I have seen interviews take place in a couple of countries overseas and have seen that the ability of our entry clearance officers to make judgments is enhanced considerably by conducting interviews, rather than just looking at a piece of paper. We have already achieved 100,000 interviews, but I want to see how we can extend that further across the visa system.

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[Mr Jack Straw (Blackburn) (Lab)]

May I ask the Home Secretary about the current arrangements for issuing visas to travellers from Iran? I draw the attention of the House to the fact that I am co-chairman of the all-party parliamentary group on Iran. As a result of the invasion of the embassy at the end of 2011, we do not have an operational visa section—or any other section—in Tehran, and anyone applying for a visa has to go to Istanbul or Dubai. Many of those people then have to wait for days for their visa to be issued. Those people often have connections here. Will the right hon. Lady discuss this matter with the Foreign Secretary to see whether those arrangements could be speeded up?

[Mrs May]

I of course understand the right hon. Gentleman’s point. As he said, there are good reasons why we do not have the physical capacity for people to make their visa applications in Tehran. I will be happy to look into the processing that takes place in Dubai and Istanbul, and to see whether there is any way to ensure that the service can be of a higher standard.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

In the same vein, concern has been expressed about the distances that people in China and Russia have to travel in order to get their visa applications processed. Will my right hon. Friend update the House on what is being done to ensure that the high-value customers that we are looking for do not have to travel thousands of miles to get a visa to come to Britain?

[Mrs May]

As I have said, we have been enhancing the various services that we are able to provide in a number of countries; that includes the expansion of our network of visa application centres. My hon. Friend mentioned Russia and China. In China, we have more visa application centres than any of the other Schengen countries. We have 12 such centres there; most of our competitors have only three or four. We are also constantly working with the tour groups that bring people over to the United Kingdom, to see how we can enhance the service that we offer. The ability to apply online is also important. Yes, we require biometrics to be taken, but we are enhancing our biometric capture capability. For example, in certain cases the biometric capture capability can go to the individual applying for the visa, rather than the individual being required to go to the visa application centre. So we are enhancing these services, and we are conscious of the issues that he has raised.

[Mr Robert Syms (Poole) (Con)]

May I support what the right hon. Member for Blackburn (Mr Straw) has just said about people from Iran? I have a constituent who was in exactly the situation that has been mentioned. His parents had to go to Istanbul to apply for visas. They then had to decide whether to go back to Iran or to hang around in Istanbul for three or four weeks to see whether they could come here. They were left in limbo, and we really need a fast-track service to deal with the parents and other relatives of people of Iranian descent in the UK who want to come here to visit them.

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[Mrs May]

I hear what my hon. Friend says and understand the real example that he gives of the problems that can arise. As I said to the right hon. Member for Blackburn (Mr Straw), I will indeed go away and look at the whole issue of how visas are being processed and the length of time that it is taking.

Earlier, I said that we had introduced a super priority visa service in India, which allows a visa to be processed in 24 hours. We will expand that service to China by summer this year, and to other locations by the end of the year. In China, Russia and southern India, we are offering a passport pass-back service for applicants who wish to retain their passport to travel or to apply for a visa to another country while their UK visa is being processed. As a result of such improvements, we have achieved customer service excellence accreditation in at least one visa-processing hub in each of our six global regions. I hope that that is good news for the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Committee, who has had a longstanding concern about the services that are provided by the former UK Border Agency, which has now been broken up.

There is also strong demand for the bespoke services from overseas customers, who want us to go to them to deliver a visa service. Up to now, those bespoke services have been offered on a small-scale trial basis, mainly in China and the USA, to test demand and ensure viability. It is clear that demand for such services is strong, and we want to roll them out further. Neither the existing fees legislation nor the current Immigration Bill provisions provides powers that would enable a workable charging arrangement to be made for bespoke services. That only became clear after the Bill had been introduced.

Charging for statutory functions, whether connected to immigration or otherwise, is a technical area. As well as legislation and common-law precedent, there is much detailed guidance, such as “Managing Public Money”, which is published by the Treasury. The legislation and the guidance are there to ensure that the imposition of fees by public bodies, including Government Departments, is transparent, consistent and subject to proper scrutiny.

Fees for commercial services that are not connected to statutory functions are treated differently. For example, there is no requirement to set out in legislation fees for commercial services. It became clear after the Bill had been introduced that it would not be appropriate to treat bespoke services as commercial services and that the provisions in the Bill, while providing additional flexibility, would not be sufficient to enable a charging arrangement that would work in the real world. The main issue is that the services are bespoke. In other words, they vary considerably from one customer to another. That contrasts with other premium services, which are generally similar where they are delivered. For example, a bespoke service may compromise a member of staff visiting a customer at a location close to the visa centre. It could involve two members of staff travelling by air to another country with security escorts and overnight accommodation. It could involve the provision of services to several people, or several members of staff could be hiring a venue to provide services to a number of a firm’s employees.

The cost of providing a service could vary from around £100 to several thousand pounds depending on the precise nature of the request. It is not possible to use regulations to set out fees that take account of all the possible service variations that could apply, so we have made a new clause that enables fees for those services to be set without the need for regulations. In making those changes, we were keen to ensure that their effect was limited to this narrow but important range of bespoke services overseas. We do not want to take away the need for regulations on other visa and immigration fees, or deliberate restrictions on bespoke services fees to apply to charging for other premium services. To achieve that, we have separated out the part of the service that involves getting staff to the location of the customers’ choosing from the immigration services that may then be provided. The attendance service fee covers all the costs to the Home Office of our commercial visa partners preparing to deliver chargeable immigration functions. To put that plainly, it means that the cost of commercial partners’ staff time, travel, accommodation, security, venue hire and so on is charged as an attendance service fee. The fee will be priced on application, agreed between the customers making the request and the commercial partner based on the specific requirements of the service.

The cost of any related visa applications and any other premium services, such as accelerated processing, will be charged separately based on fee levels set out in the regulations. As a result, while the new clause permits fees to be charged without the need for regulations, several safeguards are in place. For example, the provisions apply only to bespoke services overseas delivered by our commercial visa partners. The services are optional and may be provided only at a customer’s request, and the fees may reflect only the cost to the Home Office of providing the service, and must be agreed by the customer in advance.

New clause 12 ensures that we may continue with our plan to expand the availability of bespoke mobile services overseas. Subsection (1) makes it clear that the attendance service provisions may apply when they are connected to a chargeable immigration function and provided at a time and place requested by a customer overseas. Subsection (3) ensures that the provisions still apply when the service is connected to a chargeable function, even if no charge is imposed. For example, if the visa application fee is waived for any reason, it would still be possible to offer and charge for the bespoke service. Subsection (2) ensures that the attendance service charging arrangements apply only to bespoke services and cannot be extended to cover other chargeable functions. Fees for those other functions will, as I say, continue to be set out in regulations as they are at present.

Subsection (4) provides that the customer will be charged the costs incurred in attending the location of his or her choosing at a time specified by him or her. Such costs include, but are not limited to, the cost of travel, including flights, hotel costs, security costs, the cost of hiring a venue, and staff costs. As I said, the fee will be charged outside the fees regulations.

The costs for overseas bespoke mobile VIP services will be based on the actual cost of providing the service and will not be set with regard to the criteria set out in clause 61(5), which include growth, international comparisons and benefit. All costs will be agreed between the commercial provider and the customer before the service is delivered.

Subsections (5) to (7) of the new clause ensure that the provisions on the treatment of fees paid for chargeable functions and debt recovery also apply in respect of fees paid for attendance services and that the new clause does not undermine other legislation.

Amendments 45 and 46 are consequential and ensure that the attendance service provisions fit within the wider immigration and visa fees framework established by the Bill. Amendment 46 replaces the wording in clause 60 that is being removed as part of amendment 45 and provides that fees other than for the overseas bespoke mobile service can be calculated by one or a combination of the following factors: a fixed amount, a per hour amount, or another factor. It states that the maximum amount for the fee or other factor must be set out in a fees order, a minimum amount may be set and that the actual amount of a particular fee will be set out in regulations. When fees are set by an hourly rate or other factor, the regulations will detail how the fee will be determined—for example, £50 per hour. Those provisions will not apply to the fee for the provision of the overseas bespoke mobile VIP service.

Amendments 47 to 53 are minor consequential changes to clause 60 to ensure that it does not limit or affect the proposed clause 61. Amendment 54 is a minor consequential change to schedule 8 to ensure that there is no effect on clauses 60 to 62.

Let me now come to the issue on which I got slightly ahead of myself earlier, which is new clause 18 and the deprivation of citizenship. As we move on to this important issue and before we get on to the specifics of what the clause seeks to achieve, it might help the House if I give some background to put it in context.

Depriving people of their citizenship is a serious matter. It is one of the most serious sanctions a state can take against a person and it is therefore not an issue that I take lightly. As I am sure all Members who were around during the passage of the Nationality, Immigration and Asylum Act 2002 and the Immigration, Asylum and Nationality Act 2006 will recall, it can be a subject that generates lively debate.

It is noteworthy that depriving people of their citizenship is a concept with a long history. Almost as soon as world war one broke out, demands were made for denaturalisation of enemy aliens on grounds of disloyalty and/or their German past. That is the origin of the power. Before the war was over, legislation had been passed that made provision for revocation of citizenship if a naturalised person was suspected of treasonable activities. It has subsequently been amended to cover matters such as overt disloyalty, criminality, absence from the UK without maintaining a connection, through to it being conducive to the public good to deprive.

We are not seeking a wholly new power. The law as it stands today allows me as Home Secretary to deprive a person of their citizenship status in two scenarios. The first is when the person acquired it using fraud, false representation or concealment of a material fact. Essentially, that means that they used deception to obtain citizenship when had we known the full true facts at the time we would not have granted them that citizenship. The other circumstance is the reason why I am satisfied that doing so is conducive to the public good and that the person would not be left stateless as a result.

[Keith Vaz]

The Home Secretary is right that she seeks to amend a very important part of the Bill. When she appeared before the Home Affairs Committee on 16 December we raised the case of Mohammed Ahmed Mohamed, who was in Somaliland. He did not want to return to the United Kingdom, but Charles Farr told the Committee, and the Home Secretary supported this in her evidence, that there was an obligation to bring him back. There was no legal justification for taking away his citizenship or preventing him from returning. Is she now telling the House that the new clause gives her the legal basis to prevent a British citizen involved in terrorist activities abroad from returning to the United Kingdom because she can strip that person of citizenship and leave them stateless? Does it give her that power?

[Mrs May]

If the right hon. Gentleman will have a little patience, I will explain exactly what the new clause does. It extends the Secretary of State’s powers to deprive someone of citizenship. It is in response to a particular case—not the one that he has quoted—which I will describe in order to set the background in a way that I hope will be helpful for the whole House. The right hon. Gentleman has a knowledge and understanding of these issues, but it would be helpful to set out the whole background.

[Yasmin Qureshi (Bolton South East) (Lab)]

I apologise for not being here for the start of the debate. The Home Secretary referred to her powers where someone has obtained citizenship by fraudulent means. There may have been strong mitigating circumstances when someone made such an application. For example, we know that some years ago many people came to the country on false documents because they had been persecuted. They may have applied on a false basis, but there were strong mitigating circumstances—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I know that this is complicated and many Members want to speak. May I clearly ask for your assistance. Will any Member making an intervention try to make it brief?

[Mrs May]

If citizenship was granted purely because someone used fraud or deception, did not disclose a material fact or used incorrect facts, and if we would not have granted citizenship had we known the full facts, the decision would be to deprive that individual of citizenship. I will not comment on the type of case that the hon. Lady has set out, but the initial question would be whether citizenship would have been granted if the full circumstances had been known at the time of the application. If the full facts had been known, would the decision have been not to grant citizenship? If so, the decision would be to remove citizenship.

[Sarah Teather (Brent Central) (LD)]

Yesterday the House heard many noble speeches about our international obligations and humanitarian protection led by the Home Secretary. I was the first to congratulate her on that. Today, as the clause is drafted, she appears to be asking for a blank cheque to remove people’s rights to have rights. I wonder whether she can see the irony in that and whether our international leadership does not also cover such an important fundamental right?

--- Later in debate ---

[Mrs May]

My hon. Friend and I have discussed this matter. I do not accept her description of what we are putting through in this Bill. We are not asking for a blank cheque. There are specific and limited circumstances in which the power would be used, which I will describe to the House. We are not suggesting that we put the United Kingdom into a situation that it has not been in before. We are suggesting that we put the United Kingdom into the situation that is required by the UN convention to which it has signed up. A decision was taken a few years ago to go beyond that UN convention. We think it is right to go back to the UN convention.

[Mr David Hanson (Delyn) (Lab)]

The Home Secretary knows that we are dealing with complex and serious issues, so will she explain why she tabled the new clause 24 hours before Report without consulting any outside bodies? The situation is such that we have had to table manuscript amendments to deal with serious concerns about it. Will she explain why she is acting with such urgency today, rather than allowing for consultation before introducing a measure in another place that could then be examined by both Houses?

[Mrs May]

If the right hon. Gentleman will allow me, I shall set out why we thought it was necessary to table the new clause and how we have considered the matter. I accept that the Opposition have tabled manuscript amendments. While I wait to hear what he will say about them, if there are specific concerns, I will be willing to consider them and, if necessary, address them further in another place.

The new clause is a consequence of a specific case. The power to deprive on conducive grounds is such that even when I consider the first and arguably the most important part of the test to be met—that it would be conducive to the public good to deprive—I am still prevented from depriving a person of their citizenship if they would be left stateless as a result. That was the point explored in the Supreme Court case of al-Jedda.

[Dr Julian Huppert (Cambridge) (LD)]

Will the Home Secretary help me to understand what is being proposed? There is a question of British citizens overseas, to which the right hon. Member for Leicester East (Keith Vaz) referred, and another of what would happen to someone in the UK who was made stateless. What would such a person’s immigration status be, as there would be nowhere to remove them to? Would we not be trapping someone who was dangerous to this country in this country?

[Mrs May]

When I explain the circumstances in which it would be possible to remove somebody’s citizenship, I hope that my hon. Friend will realise that it would not necessarily be the case that an individual would be left stateless, because we are talking about a situation in which they would be able to acquire statehood from somewhere else.

[Several hon. Members]

rose—

[Mrs May]

Perhaps hon. Members will have some patience and let me set out my points.

I will not to go into too much detail about the case of al-Jedda, but he was an Iraqi refugee who was granted British nationality in 2000. In 2004, he was detained by British forces in Iraq because of his suspected involvement in terrorism. In December 2007, the then Home Secretary made an order depriving him of his British citizenship.

[Chris Bryant]

On a point of order, Madam Deputy Speaker. As far as I can see, there are no copies of the manuscript amendments on the Table. It seems bizarre, on the matter of whether people should be deprived of their citizenship—[Interruption.] The Minister for Immigration can keep quiet for a moment. The reason we need manuscript amendments is that the Government tabled their new clause only at the very last minute to try to shove other measures off the agenda. Can we ensure that the manuscript amendments are available to everyone so that we know what we are debating?

--- Later in debate ---

[Madam Deputy Speaker]

Order. I have not finished my sentence yet. It would be helpful if that could be checked, although I am assured that they are available, and if copies could be made available in the Chamber for Members who feel unable to get to the Vote Office because they wish to hear the debate.

[Mrs May]

I hope that the manuscript amendments, which were tabled by Opposition Front Benchers, are indeed available in the Vote Office.

As I said, in December 2007, one of my predecessors deprived the individual of his British citizenship. That gave rise to lengthy litigation, which culminated in a Supreme Court hearing in June 2013, with the verdict promulgated in October 2013. The Court—disappointingly to my mind—rejected my assertion that the individual could reassert his Iraqi nationality and that his failure to do so was the cause of his statelessness. Its conclusion was that the question was simply whether the person held another nationality at the date of the order depriving them of British citizenship.

Having studied the Supreme Court determination carefully and considered my options, I asked my officials to explore the possibility of legislating to address the key point identified in the al-Jedda case, namely that our domestic legislation, and the changes brought about in the 2002 and 2006 Acts, go further than is necessary to honour our international obligations in terms of limiting our ability to render people stateless.

That may have been well intended. It was done, as I believe, in anticipation of signing the 1997 European convention on nationality. We have never signed that convention and this Government have no plans to do so.

It is also important to stress—it is a point that has been made by a couple of Members already in interventions—that I have discussed this at length with colleagues across Government; it is not something I have just decided on. Given the importance of the subject matter, we wanted the time to ensure that we got it right. Indeed, I had a meeting with my hon. Friends in the Liberal Democrat parliamentary party on 4 December last year to discuss the proposal and listen to their concerns and the issues they wished to raise.

The United Kingdom has signed the 1961 UN convention on the reduction of statelessness. We made a declaration on ratifying that convention to allow for the prospect of leaving a person stateless in certain circumstances. Those circumstances include the ability to deprive a naturalised person of their citizenship, regardless of whether or not it might leave them stateless, where that person has conducted themselves in a manner seriously prejudicial to the vital interests of Her Britannic Majesty.

[Alok Sharma (Reading West) (Con)]

I am a naturalised British citizen and the clause therefore applies to me. I support it wholeheartedly. There are rights as well as obligations that come with British citizenship. Perhaps my right hon. Friend should go even further—the Immigration Bill may not be the place to do so—and introduce similar sanctions against anyone who is British, irrespective of how they got British citizenship, if they do something so heinous against the British state.

[Mrs May]

My hon. Friend makes an important point about his position and also about the desire that we have in the House to ensure that we can take appropriate action against people who are acting in a manner that is not conducive to the public good and who are acting in a manner that is seriously prejudicial to this country’s interests.

New clause 18 recreates—

[Frank Dobson (Holborn and St Pancras) (Lab)]

When I first became a Member of this House, anyone born in Britain automatically became a British citizen. That right was taken away by the Thatcher Government. Will this law apply to the children of people who have acquired British citizenship?

[Mrs May]

It applies to somebody who is a naturalised person. That is who it applies to. It seeks to recreate the very specific sub-set of cases that are currently provided for under the “conducive” power. It would allow me to deprive a person of their citizenship, regardless of whether it left them stateless, but as I say, it applies only to those who are naturalised, not those who are British by birth or those who register to acquire citizenship under other provisions of the 1981 Act—

[Frank Dobson]

rose—

[Mrs May]

If the right hon. Gentleman would wait—such as those which provide for children to acquire British citizenship. And it would apply only to very serious cases of people whose conduct is

“seriously prejudicial to the vital interests of the United Kingdom”.

Those safeguards and limitations are important. The amendment will allow the key consideration to be whether the person’s actions are consistent with the values we all attach to British citizenship. We may all have a slightly different interpretation of what they might be, but I am confident that Members of this House would agree that this is encapsulated by the oath that naturalised citizens take when they attend their citizenship ceremonies.

--- Later in debate ---

[Mrs May]

I understand my hon. Friend’s point about foreign national offenders. The Government are conducting an exercise to ensure that we can deport more foreign national offenders from our prisons to serve the remainder of their sentence elsewhere, and the prisoner transfer agreements that my right hon. Friend the Secretary of State for Justice is negotiating are an important part of that. However—this is the important point—this power applies in a very particular set of circumstances in which someone has conducted themselves in a manner seriously prejudicial to the vital interests of Her Britannic Majesty. The power being put into the Bill will apply in only a very limited number of circumstances. My hon. Friend also asked whether it would stand the test elsewhere. I believe that it will. What we are doing is returning the United Kingdom to the position set out in our international obligations under the United Nations convention.

[Mr Jim Cunningham]

I thank the Home Secretary for giving way; she is being most generous. I realise that this is a very difficult issue. What happens if another country will not take the individual who has been stripped of their citizenship?

[Mrs May]

The individual would then be stateless. It would depend on where they were. The whole point of the measure is to be able to remove certain people from the United Kingdom, which we are currently unable to do. If they are declared stateless—[Interruption.]

[Several hon. Members]

rose—

[Mrs May]

I recognise that there are many questions that Members wish to ask on this. I am answering the questions and taking as many interventions as Members are requiring. I will give way again shortly.

A stateless person is defined by article 1.1 of the 1954 convention relating to the status of stateless persons as one

“who is not considered as a national by any State under the operation of its law.”

If they are inside the UK, we, as a party to that convention, are legally obliged to comply with its provisions, which set out various rights for stateless people. One of our aims in seeking to deprive might be to remove the individual from the United Kingdom, as I have indicated. It might not always be possible to do that, especially when the individual is stateless. If they are deprived, they become subject to immigration control, but we have provisions in the immigration rules that enable a person regarded as stateless to regularise their stay.

[Mike Thornton (Eastleigh) (LD)]

One of the things that concern me is the definition of “seriously prejudicial.” If we look up “prejudice” in the dictionary, we see that it just means something we have decided before, so “seriously prejudicial” could be anything a Home Secretary liked. I am absolutely convinced that the present Home Secretary would never in any way abuse that power, but how do we know what will happen next week, next month, in two years’ time, or in five years’ time? A Home Secretary will be able to use a term that is so vague and has so little meaning that they could strip someone of any citizenship, leaving them stuck in this country with no ability to work, receive benefits or do anything at all, simply because of a definition that is pretty much meaningless.

[Mrs May]

I think that the concept of something that is seriously prejudicial to the interests of Her Britannic Majesty—to the interests of the United Kingdom—will be understood. There will of course be an opportunity for a review of that through a court process—a judicial review—so the definition would be tested. My hon. Friend might not choose to rely on the abilities or understanding of future Home Secretaries, but I hope that he will see that there is a further safeguard.

I wish to reiterate—this is an important point—that that is the position the United Kingdom had prior to 2003, when the law was changed. It is the position that we are required to have under the United Nations convention. All that we are doing is returning our position to the scope of our declaration under that convention. It goes no further.

[Jeremy Corbyn (Islington North) (Lab)]

In response to an intervention, the Home Secretary said that at some point a stateless person’s position in the UK could be regularised, which is an interesting concept. If they became stateless, they would in the meantime presumably become destitute in this country, because they would not be eligible for access to any benefits or other aspects of society. Has she considered that, and are there any people in that situation at present?

[Mrs May]

The answer to the second question is that there are no people in that situation, because I have not been able to deprive anybody of their citizenship and therefore potentially make them stateless. That is the existing situation. If somebody is stateless and either does not apply for citizenship of another state despite having access or is denied permission to do so, but stays in the United Kingdom, we would have to look at the situation and at their immigration status. Crucially, their status would not attract the privileges of a British citizen—they would not be entitled to hold a British passport or to have full access to certain services—so they would therefore be in a different position from the one they were in when they held British citizenship.

[Keith Vaz]

I am most grateful to the Home Secretary for giving way for a second time. I understand what she is trying to do and I believe her when she says that she will use the powers only rarely, but she still has not answered this question: once she has taken away citizenship from someone in this country and they are stateless, how will she get them out of this country? We know full well that she is doing this because Jacqui Smith tried to get rid of al-Jedda and was not able to do so. That matter is still before the courts, and the right hon. Lady’s judgment will also be challenged in the courts. How will she get such people out once she has taken away their British passport and they have no travel documents?

[Mrs May]

The al-Jedda case went to the Supreme Court, which promulgated its verdict last October, which was when we started to look at how we could legislate and what vehicle we could use to remove people. That circumstance might apply to somebody in the United Kingdom or, as in that case, to someone outside it. The important point is that the process applies in cases where the individual could access the citizenship of another country, and it would be open to them to apply for such citizenship. That is the whole point.

[Mark Pritchard]

I am grateful to the Home Secretary for being very generous in giving way again. She may recall the case of Abu Hamza, who was an Egyptian citizen as well as a British one. Under the Government of Mubarak, the former President of Egypt, his Egyptian citizenship was withdrawn, leaving a very difficult case for this Government and, indeed, the previous one to deal with. The Home Secretary has surely come to the House with some figure in her mind of the number of those currently on the prison estate who might fall into the Abu Hamza category. I wondered what the number is.

[Mrs May]

My only comment on my hon. Friend’s request for figures is that he mentioned people on the prison estate. We are not necessarily talking about them, but the number of people involved is very limited. The number of cases of the particular type of deprivation of citizenship dealt with since the law was changed—I apologise for saying that that was in 2003, because the law was changed by the 2006 Act—is 27. Since 2006, 27 people have been deprived of citizenship under the conducive powers, which apply only when somebody would not be made stateless.

[Mark Pritchard]

For clarification, is it the Government’s position that someone considered under the new criterion would not need to have committed any criminal or terrorism-related offence, but could be walking around the streets of London right now?

[Mrs May]

Yes. People need not have been convicted of a particular offence to be deprived of their citizenship. On the numbers, it might be helpful for me to add that 13 people were deprived on grounds of fraud during the same period. Those are the sort of numbers that we are talking about.

[Mr David Ward (Bradford East) (LD)]

rose—

[Pete Wishart]

rose—

[Mrs May]

I will give way to my hon. Friend and then to the hon. Member for Perth and North Perthshire (Pete Wishart).

[Mr Ward]

If the individual who was doing something seriously prejudicial stopped doing it, would their citizenship be reinstated?

--- Later in debate ---

[Mrs May]

The reinstatement of somebody’s citizenship would not be automatic, but if they returned to the United Kingdom with the citizenship of another state and lived here for a period, their immigration status would be considered on the basis of their case.

[Mr Julian Brazier (Canterbury) (Con)]

I am most grateful to my right hon. Friend, who has been extraordinarily generous in giving way. I broadly support this measure, which addresses a small number of very serious cases, but can it be applied to somebody abroad at the time? If it can be so applied, how would any subsequent appeal handle sensitive intelligence material of the sort that clearly could not be allowed to go, for example, to Strasbourg?

[Mrs May]

The measure would apply to somebody who was abroad. One of the points that I have tried to make is that the measure is not just about people in the United Kingdom, but people outside it.

[Pete Wishart]

Will the Home Secretary give way?

[Mr William Cash (Stone) (Con)]

Will the Home Secretary give way?

[Mrs May]

I must tell my hon. Friend that I have a list: I said that I would give way to the hon. Member for Perth and North Perthshire.

[Pete Wishart]

I am very grateful to the Home Secretary for giving way. Is it not the case that she has not got a clue? She has brought forward the measure to prevent proceedings on what Conservative Members want to discuss and vote on. To say that this was concocted on the back of a fag packet would do a massive disservice to fag-packet speeches.

[Mrs May]

It is a bit rich of the Scottish National party to talk about not having a clue. I must say to the hon. Gentleman—I have said it before and I will say it again as many times as necessary—that we are giving effect to our declaration under the United Nations convention. That position applied in the United Kingdom until the previous Government changed the law in 2006, and we will return to that position.

[Mr Cash]

I am sure that my right hon. Friend appreciates that the way in which the provision is expressed will give the Secretary of State enormous power. Effectively, it involves the opinion of the Secretary of State, which will make it largely non-justiciable. Given its width and the cases of which the Home Secretary has given examples, is there a danger that we might be regarded as a nasty party if we put this kind of provision into effect?

[Mrs May]

The simple answer to my hon. Friend is no.

[Michael Ellis]

Despite the protestations and mock indignation of Labour Members—

--- Later in debate ---

[Mrs May]

I am grateful to my hon. Friend for actually listening to what I have said this afternoon. He is absolutely right. The previous Government changed the law because they were going to sign up to the new European convention on nationality, but they did not do so. We have not signed up to it, and we do not intend to do so. It is therefore right to take the law back to the previous position, which is that of our international obligation under the United Nations convention.

[Paul Blomfield (Sheffield Central) (Lab)]

May I press the Home Secretary on our international position under the 1961 convention on the reduction of statelessness, to which we are a signatory? My understanding is that we would be required to seek a reservation from that convention. Is that correct, or does she plan that the UK should operate in contravention of it?

[Mrs May]

Our proposal is completely consistent with it. We put a declaration into the original UN convention, and we are taking the position back to what was set out in that declaration.

[Simon Danczuk (Rochdale) (Lab)]

The right hon. Lady has been speaking for well over an hour and we are only a proportion of the way through the amendments in this group. Is this any way to make legislation?

[Mrs May]

The reason I have been on my feet for more than an hour is that I have been incredibly generous in taking interventions from Members in all parts of the House. This is an important Bill, which we must get right, and an important new clause. I am taking interventions on new clause 18 in particular because I recognise that Members have not had as long to consider it as they would perhaps have wished.

The Government have been considering the matter since we saw the result of the al-Jedda case. I specifically asked officials whether there was anything that we could do to ensure that we would be able to take action against people whose activities, particularly those related to terrorism, were seriously prejudicial to the state. Lo and behold, we discovered that had it not been for the law that the last Government passed, I would have been able to deprive al-Jedda of citizenship.

[Rehman Chishti (Gillingham and Rainham) (Con)]

As another naturalised British national, I fully support what the Home Secretary is doing. May I ask her for clarification? Five British nationals had their nationality taken away under the previous Government, and 16 had their nationality taken away under the current Government between 2010 and 2012. What has happened to those people? Have we been able to return them to their countries of origin? If not, is that why the Government are pushing forward with the new clause—so that we can do that in future?

[Mrs May]

My hon. Friend makes an important point. In some cases we are able to return people, and we do a lot of work with other countries, through our agreements on deportation with assurances, to ensure that we can deport people elsewhere. Of course, there was a particular case in which we could not take such action against an individual because it would have rendered them stateless, notwithstanding the fact that they were in a position to apply for citizenship of another state.

[Frank Dobson]

It may be a fault in me that I did not understand the Home Secretary’s reply to my question earlier. Will she confirm that the child of someone who had acquired British citizenship would be subject to the law that she envisages?

[Mrs May]

I thought that I had provided some clarity in the answer that I gave the right hon. Gentleman earlier. The law will be limited to naturalised citizens and will not apply to anybody who has British citizenship by any other means. The action would be taken against the naturalised British citizen, not their child.

[Mr Hanson]

If the parent and sole carer of a child under 18 was deprived of citizenship while outside the country, what would happen to the child? The consequences need to be thought through.

[Mrs May]

I recognise that there are consequences, and they have been considered. The circumstances that the right hon. Gentleman mentions are if the child was in the United Kingdom and their parent was elsewhere conducting activity that was seriously prejudicial to the United Kingdom. That would be considered on a case by case basis—there would not be a tick-box, mechanistic approach. All circumstances would be looked at in considering whether it was appropriate to apply the new power to an individual. There are safeguards within the proposal, such as the seriously prejudicial nature of the activity that an individual must have undertaken.

I had not quite finished my response to the right hon. Member for Holborn and St Pancras (Frank Dobson) when I allowed the right hon. Member for Delyn (Mr Hanson) to intervene. I repeat the response that I gave earlier to the former: the law will apply only to those who are naturalised, not those who are British by birth or those who acquired citizenship under other provisions of the 1981 Act, such as those that provide for children to acquire British citizenship. I hope that I have perhaps made that clearer to the right hon. Member for Holborn and St Pancras.

[Frank Dobson]

If that is the case, what powers did the Home Secretary use to take citizenship away from my constituent Mahdi Hashi, who was then kidnapped by the Americans in Somalia and is now in court in New York?

[Mrs May]

I will not discuss an individual case, but if the right hon. Gentleman wishes to write to me about it, I will respond to him. I have set out the powers that I already have to deprive citizenship, which are twofold. The first circumstance is when somebody has acquired citizenship through deception or fraud, and the second is when somebody has acted in a manner that is seriously prejudicial to our national interest and they would not be rendered stateless as a result of the deprivation of their British citizenship.

[Simon Kirby (Brighton, Kemptown) (Con)]

Is this not just about getting rid of very bad people and preventing them from coming back to our country? Is that not the nub of what we are discussing?

[Mrs May]

I am grateful to my hon. Friend for putting the matter so succinctly and sensibly. This is about dealing with people whose behaviour is seriously prejudicial to the United Kingdom, and I would have thought that we all wanted to ensure that the Government had the appropriate powers to do that.

[Dr Huppert]

The Home Secretary is doing sterling work in taking interventions on new clause 18. May I thank her for coming to talk to Liberal Democrat colleagues about it? I understand what she is trying to achieve with it, but I still have a number of concerns. She places great reliance on the point that the people affected will be able to get another citizenship. Does she think it is likely that somebody who is in this country and has been deprived of citizenship will find it easy to go to another country and say, “Here is my background. Britain has just stripped me of citizenship. Could I have yours, please?” Or will we just find those people stuck in this country and unable to leave?

[Mrs May]

As I made absolutely clear, if somebody was in a position to acquire other citizenship, I would expect them to attempt to do so. As I indicated earlier, there may be circumstances in which somebody remains stateless, in which case our international obligations to those who are stateless would kick in, and we would abide by them.

[John Hemming (Birmingham, Yardley) (LD)]

I have spent some time looking at cases in which people have been deprived of citizenship, many of whom were abroad. Does the Home Secretary agree that it is reasonable for the judicial review clock to start ticking at the point when the person affected becomes aware that such a decision has been taken rather at the time when it is taken? There is a three-month limit on applying for judicial review of the decision, and to allow proper consideration that clock should start ticking when the person in question becomes aware of it.

[Mrs May]

I will look at my hon. Friend’s point. Obviously there is a process whereby somebody is informed of a decision once it has been taken. I will check the timetable for judicial review and come back to him on it.

[Mark Pritchard]

The Home Secretary will know that I, along with many other Members across the House, have championed refugees being allowed to come to the UK in some numbers. As she will know, in the case of Syria, there is a national security issue relating to British nationals with either single or dual citizenship returning to this country and possibly causing problems here. How quickly does she believe the new law will be in place, and does she believe it should apply to nationals and dual nationals coming back to the UK from Syria?

[Mrs May]

My hon. Friend raises the important issue of people who may have trained and fought in Syria potentially coming back here radicalised and with the desire to do us harm. I am sure that is a matter of concern throughout the House. As I have indicated, I believe the power in question would be exercised in a limited number of cases, but it is important that the Government have it. As I have said, they had it until about 10 years ago, then the law was changed to reduce their ability to take action against those acting in a way that comes under the definition of “seriously prejudicial” to us. It is important that we have such a power, but I am not in a position to say to my hon. Friend that I will suddenly use it in a number of circumstances. The power will be used on a case-by-case basis, but, as I have indicated, I expect that it will be used in a very limited number of circumstances.

I will conclude my remarks on new clause 18 by stating again that it is consistent with our obligations under international law and, as I have said, it was a power we had for most of the past century. It is a carefully constructed measure designed to give effect to our declaration under the UN convention on the reduction of statelessness, but it goes no further. My officials, together with those from other relevant Departments and in consultation with our in-House legal advisers, conduct the research and provide a recommendation on each case, but these are decisions that I—or, on the rare occasions I am not available, another Secretary of State—will review and sign off personally. The persons subject to provisions in the new clause will continue to be afforded an independent right of appeal, retaining an avenue of judicial redress. This is not about arbitrarily depriving people of their citizenship; it is a targeted policy that will be used sparingly against very dangerous individuals who have brought such action upon themselves through terrorist-related acts. I urge the House to conclude that new clause 18 is a proportionate and necessary measure.

New clause 13 stands in the name of the right hon. Member for Delyn (Mr Hanson), and I will wait to hear what he says and respond to the issues he raises. New clause 15 has been tabled by my hon. Friend the Member for Esher and Walton (Mr Raab), and I will make a few comments about it. I respect the fact that he will speak about his own new clause, so at this point I will not go into all the detail but will simply set out a few points.

I think we are all agreed across the House—this is one of the things the Bill tries to do—that we want to enhance the ability of our country to deport foreign criminals from the United Kingdom where it is appropriate to do so. The Government have taken a simple position on article 8 of the European convention on human rights, which is that our judiciary have not been interpreting it in the way we believe it should be interpreted, because it is a qualified right in the European convention itself. Having changed the immigration rules, and that not having had the effect we desired, we are now putting it into primary legislation and ensuring that we clarify absolutely what the qualified interpretation of article 8 should be in relation to the Government’s ability to remove people from the United Kingdom. I believe that is an important change that the public, as well as Members of the House, would wish us to put through. It is right that the Government are taking this opportunity to include that measure in the Bill. We all have a shared desire to ensure that we enhance our ability to deport foreign criminals.

My hon. Friend the Member for Esher and Walton has tabled a new clause that would amend the Bill, but I think that some aspects of it would not strengthen our ability to deport foreign criminals, but could actually weaken it. Other aspects of the language he uses might indeed strengthen our proposals.

[Dr Huppert]

I thank the Home Secretary for giving way as there are many things to discuss in this group of amendments. Has she received any formal advice from the Attorney-General or her departmental lawyers that the new clause would be compatible with the European convention on human rights?

[Mrs May]

The advice I have received is that it is incompatible with the European convention on human rights. I am concerned with other aspects of the new clause because I believe that in a number of areas it weakens the Government’s proposals in relation to article 8. I am also concerned about the practical application of the new clause, because in reality I think we would effectively hinder our ability to deport people for a period of time because there would be considerable legal wrangling about the issue.

--- Later in debate ---

[Mrs May]

I am making a few comments about the new clause. I would like to hear my hon. Friend the Member for Esher and Walton speak about it and hear whether he intends to press it to a vote.

I think that where children are involved the new clause weakens the Bill, and as I have said, there are concerns about how the measure would operate and its practical implications. I think it would lead to circumstances in which—potentially for a significant period of time—we would not be able to deport people who otherwise we would be able to deport.

[Sarah Teather]

Given the strong line the Home Secretary has taken on trafficking, how does she feel about the exclusion of article 4 of the European convention on human rights from the new clause?

[Mrs May]

I have indeed taken a strong line on trafficking, but the exclusion of certain other articles of the convention in the new clause is one of the aspects that makes it incompatible with that convention and raises the issue of how it would operate. I have already indicated that I think the new clause is incompatible with the European convention, and I am raising some of the other practical issues that I think would be its impact. I think we will find it harder to deport people because of some aspects of the new clause, and that more cases will go to the European Court as that would become the first decision maker in a number of cases. There would be considerable litigation in the domestic courts if we found ourselves seeking to remove someone contrary to a rule 39 indication. Those are practical issues about whether we can deport individuals.

I recognise the concern of my hon. Friend the Member for Esher and Walton, and others, about our ability to deport foreign criminals, and in relation to the European convention on human rights. I have said on many occasions that it is necessary for the Government to determine and sort out our relationship with the European Court of Human Rights and the European convention on human rights, and as far as I am concerned, nothing should be off the table in doing that. Today we are considering a Bill that will deal with the deportation of foreign criminals.

[Yasmin Qureshi]

Again, will the Secretary of State’s party support new clause 11, tabled by the hon. Member for Esher and Walton (Mr Raab)?

[Mrs May]

I am sorry, but I answered that question earlier. I said that I will respond to the comments that my hon. Friend the Member for Esher and Walton makes, and see whether he moves the new clause. I will make the Government’s position clear to the House. [Interruption.] I am sure the hon. Lady believes that debate in the House is important. I am therefore sure she agrees that listening to hon. Members is also important.

As I have said, the Bill puts in place stronger practical arrangements that will enable us to deport more foreign criminals, which all hon. Members want.

[Dr Huppert]

It looks like the Home Secretary is nearing a conclusion, but may I press her on amendment 74, which I have tabled, and which would write into law the Government’s achievement of ending child detention for immigration purposes? The Immigration Minister has said that he would come back to that. Will the Home Secretary update the House on progress? Will the Government accept my amendment or come up with a better drafted version?

[Mrs May]

The Government accept the principle of my hon. Friend’s point. We propose to reinforce the commitment to end the detention of children for immigration purposes by putting key elements of the family returns process into primary legislation. That will involve providing a statutory prohibition on the detention of children within immigration removals centres, subject to the exceptions agreed in 2010, which continue to be Government policy; providing families with children a minimum of a 28-day reflection period following the exhaustion of appeal rights against a removal before their enforced removal; placing a statutory duty on the Secretary of State to appoint an independent family returns panel to advise on the best interests of the child in every case in which enforced return is proposed; and providing a separate legal basis for pre-departure accommodation independent of other immigration detention facilities. Our intention is to introduce those amendments in Committee in the House of Lords. I hope that covers my hon. Friend’s concerns on ending child detention for immigration purposes.

[Simon Danczuk]

The right hon. Lady will be familiar with the two Rochdale grooming cases. The country of origin of some of the perpetrators of those horrific crimes is not the UK. Will the Bill make things easier? Will she assure me and the people of Rochdale that, under the Bill, those who committed those crimes can be sent back to their country of origin?

[Mrs May]

I cannot give the hon. Gentleman a guarantee on any specific case, but the Bill will make it easier for us to deport foreign criminals. It clarifies the interpretation of article 8 in a way that will make it easier for us to deport foreign criminals. It ensures that foreign criminals can be deported first, unless there are particular circumstances in the country to which they are going, and appeal against their deportation afterwards. However, on people who have been convicted of a crime and who are in our prison estate, my right hon. Friend the Justice Secretary is working hard with Home Office immigration enforcement people to ensure that we can remove more foreign criminals to their country of origin in a number of ways, such as through prison transfer agreements.

The House shares the concern that we should be able to deport more foreign criminals. The Bill strengthens our ability to do that. I would not wish to see it weakened in any way. As I have said, I have concerns with some aspects of new clause 15, tabled by my hon. Friend the Member for Esher and Walton, because it could weaken our ability to deport more foreign criminals. However, I recognise that he has sought to strengthen the language in the Bill. The public want an immigration Bill that strengthens our ability to deport foreign criminals to get through Parliament. That is a shared aim. I believe that that is what the Bill, as drafted, does.

[Mr Hanson]

The Home Secretary spoke for just over an hour and a half, but at the end of her contribution I am still not clear on key aspects of the Government’s proposals. I am not clear whether the Government as a whole have a united position on them. Do the Liberal Democrat members of the Government have a different view? The interesting proposals in new clause 15, tabled by the hon. Member for Esher and Walton (Mr Raab), are yet to be considered the Government in a full and frank way.

I want to mention measures on which I agree with the Government, as the Bill does contain measures that the official Opposition support. On new clause 11, the Home Secretary has our full support for her proposals to tackle sham marriages. Sham marriage is a serious problem. The Home Office estimates that 4,000 to 10,000 applications to stay in the UK each year are based on sham marriage or sham civil partnership—the Minister for Crime Prevention and I discussed this extensively in Committee. That is a significant number of cases and action is needed.

New clause 11 deals with the situation in Northern Ireland and Scotland, which the Opposition raised in Committee, and contains measures we support. We can support the measures on same-sex marriage, on which we sought clarification in Committee. New clause 11 is welcome, and the Opposition support it.

As I have mentioned, we have four and a half hours for the debate. The Home Secretary took one third of that time for her opening contribution. She explained the issues, and I look forward in due course to listening to hon. Members’ concerns. I will try to take less time than her, but I have some things to say.

I reach out a hand of friendship on new clause 12. The Opposition will not oppose it today. It is reasonable to try to recoup charges from individuals who use our services, but we might disagree with the Government, because we believe we need to improve those services. As the Home Secretary has recognised, we need to ensure that the charges do not deter the brightest and best, and those with skills, from coming to work here to create jobs and growth in our economy. We need to ensure that they do not deter students. I am afraid that Government policies currently deter students from coming to the UK. We need to ensure that we do not turn away people who will contribute strongly to our community. The tourism economy is particularly important. We need to ensure that the level of charges, which we will discuss shortly, does not damage investment in our economy through tourism.

The Opposition have three concerns. The Home Secretary devoted around 45 minutes to new clause 18. I accept and understand that it deals with a serious problem. We are dealing with people who are undertaking activities—terrorism—that are of great concern to the state. Having been a Home Office Minister in the previous Government dealing with terrorism and counter-terrorism activity, I understand the need to examine those matters. I should tell the Home Secretary clearly that it is not acceptable, at least as far as the Opposition are concerned, to bring a major new clause to deal with that to the House 24 hours before the debate on Report and Third Reading. We have only four and a half hours to debate important issues, including European accession—the Opposition and the Government have different views on that, but it is valid to discuss them—new clause 15 and the concerns of the hon. Member for Esher and Walton. I tell the Home Secretary that that is not the way to discuss sensitive issues such as taking steps to deprive individuals of their citizenship.

I have listened to what the Home Secretary has said on a number of measures. My right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) has concerns. Others, including the hon. Member for Eastleigh (Mike Thornton) and, dare I say it, the hon. Member for Stone (Mr Cash) have raised pertinent issues of concern. However, we have less than three hours to reach conclusions on these major measures.

--- Later in debate ---

[Mr Hanson]

My objective is the same, I think, as the Home Secretary’s, which is to protect the British people from potential terrorist activity at home and abroad. That is a key joint objective.

New clause 18 raises complex issues on which a range of individuals will have a view, but on which there has been no consultation outside the House. Let us look at the manuscript amendments and consider whether we could tighten up the process so that we are all content, and we will reserve judgment until we reach another place, at which point I hope we can reach a conclusion that meets our objectives.

[Mrs May]

I recognise the right hon. Gentleman’s point about the time to consider the new clause, and I am happy for the Government to have discussions with him to set out in more detail how it would operate. On that basis, I hope he will consider not moving his manuscript amendments, although obviously, following those discussions, the Opposition could come back to them in another place, if they felt it necessary.

[Mr Hanson]

I am grateful to the Home Secretary for her accommodation, and obviously we will reflect on her comments. This is an important issue, which is why we tabled the manuscript amendment. It is unusual for such amendments to be taken, so—I should have done this before—I would like to thank Mr Speaker for accepting it at this late stage. We tabled it so late simply because the new clause was also tabled late.

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[Mr Raab]

I will come to that, but I want to be clear about what the advice is. The advice that I received from officials was that Strasbourg would rarely, if ever, consider a rule 39 injunction in relation to an article 8 case because there is no irreversible harm.

[Mrs May]

If I may, I will make a triaged intervention, Madam Deputy Speaker. To clarify, all I said was that I had received legal advice. It is not the practice for Ministers to say in this House whether legal advice has come from the Attorney-General or from other sources. I am absolutely clear from the legal advice that I received that new clause 15 is incompatible with the European convention on human rights.

In answer to my hon. Friend, the advice from the Home Office is absolutely clear that a rule 39 injunction would be less likely to be imposed where the decision had undertaken a balancing act in considering the issues. That is precisely what the Bill allows. My hon. Friend’s new clause does not allow that. That is why rule 39 would be more likely to be used under his proposal.

[Mr Raab]

I thank the Home Secretary for her intervention. I have the memo that I received in front of me. I will read from it so that there is no doubt and so that hon. Members can make up their minds. It states that it is clear from the case law that

“it would only be in exceptional cases that an interim measure would be granted in an A8 case.”

It goes on to say:

“I can’t say whether there has ever been a Rule 39 in a UK A8 case, but it is obviously rare.”

It goes on to say, because I was asking the question in relation to the Government’s clauses:

“we do not expect interim measures under Rule 39 to be issued routinely, if at all.”

I do not want to engage in a clash of legal opinions here, although the Attorney-General is free to intervene on me, but I say briefly in response to the Home Secretary that there is nothing in the limited case law of Strasbourg to suggest that the Bill and the new clause that I have tabled are different. One never gets such precision from the Strasbourg Court and I do not think that that is what the Home Secretary meant.

--- Later in debate ---

[The Minister for Immigration (Mr Mark Harper)]

indicated dissent.

[Pete Wishart]

The Minister indicates that an LCM is not necessary, but does he agree that we are responsible for marriage and civil partnerships? We are responsible for the health service and housing in Scotland, but there has been no LCM to ask the Scottish Government if they agree to allow Westminster to legislate. We are totally unsatisfied with the Minister’s responses on this—

[Mr Harper]

rose—

[Pete Wishart]

We should have an LCM, but the Minister can explain why we are not getting one.

[Mr Harper]

With the greatest respect, I have had conversations with the First Minister and engaged in correspondence with Scottish Ministers. Our clear view is that the Bill deals with reserved matters for a reserved purpose, so we do not believe that an LCM is needed. The tone of the responses that I have received from Scottish Ministers—Scottish National party members of the Scottish Government—does not accord with what the hon. Gentleman says.

[Pete Wishart]

That is not my view of the correspondence that I have seen. I am surprised that the Minister says such a thing because the Bill is foreign to how we want to run our NHS. It has nothing to do with how we want to deliver our devolved services. We are not privatising the NHS like they are down here; we want to invest in it and ensure that it sticks to the ’45 principles of “from cradle to grave”. We fundamentally disagree with the Government about the need for such measures, and we want an LCM so that we can say clearly to them, “Stay out of our devolved services. Keep your race with UKIP out of our delivery of the NHS and other devolved services.” I still hope, although it is probably too late, that we will have an LCM.

A number of the measures in the group are pretty chilling, one of which is new clause 18, on which the Home Secretary spent such a good part of her hour and a half speech. What an appalling measure. This is about removing citizenship from people. Watching the Home Secretary’s attempts to respond to the many searching “what happens if” questions would almost have been comical were it not so sad. She could not start to answer the simple question—some of my hon. colleagues on this side of the House might want to revisit this during the winding-up speeches—of what happens to someone who is stripped of their UK citizenship but is not taken by any other country. I think I heard something along the lines of, “We might give them their citizenship back,” but if that is the case, what is the point of doing it in the first place? Who is going to take these people? Are we going to launch them into orbit and leave them circling round the Earth as stateless people without any sort of citizenship? Is France going to take them, or Germany? [Interruption.] What about an independent Scotland, I am asked. Where will those people go? This is the big question that the Home Secretary has been unable to answer: what will happen to those people once they have been deprived of their citizenship? What will happen to their children, or the people who depend on them? We really need to hear from her on that.

The Home Secretary is effectively asking us to agree to allow her to rip up the passports of people who live in this country. As I have said, these measures have been introduced so late in order to prevent Back Benchers from having the opportunity to speak about the most important parts of the Bill and so that they cannot be voted on, which is absolutely appalling. In fact, to say that the Government’s amendments look like they had been written on the back of a fag packet is to do a disservice to some fantastic speeches that I have heard delivered from the back of a fag packet. Little thought seems to have gone into them.

The plans for the revocation of citizenship have been made by the Home Secretary behind closed doors and without any sort of due process or transparency. Hon. Members might have seen the reports in The Independent today about how some people have subsequently been killed in US drone strikes or rendered to secret locations to be interrogated by the FBI. Perhaps that is what will happen to all these people. They are being betrayed by their own Government, whose duty is to protect them, not throw them under a bus in order to help powerful allies, which looks like what we will be doing. She said that we are simply returning to the situation that existed before 2003, but the UK has signed and ratified the 1961 convention on the reduction of statelessness, to which more than 50 states are signatories. We will now be breaking that.

I will speak briefly about new clause 15, tabled by the hon. Member for Esher and Walton (Mr Raab). We know, as has been said again and again, that Conservative Members do not much care for article 8 of the European convention on human rights. They would have us believe that there are all sorts of foreign criminals marauding across our communities, living the life of Riley on benefits and then going home to phone their expensive lawyers, saying, “Get me off on article 8.” That is the type of image they present. They continue to attack some of the great protections that we have secured over many decades on the back of the European convention on human rights. We are now seeing yet another attack on our human rights. It is no surprise that it comes from the Conservative Back Benches. I very much hope that we will resist it.

--- Later in debate ---

[Caroline Lucas]

Thank you, Mr Deputy Speaker.

We have heard thoughtful and powerful speeches from hon. Members on both sides of the House, and I want to link my views with those of the hon. Member for Brent Central (Sarah Teather), who made a compelling and well-informed case about the cruel, counter-productive and ill thought out nature of the Bill. I also associate myself with the views of the hon. Member for Perth and North Perthshire (Pete Wishart), who spoke with his customary eloquence and reminded us that we should be under no illusion that this miserable Bill has very little to do with national security, but everything to do with out-toughing UKIP. No one would argue that our immigration system does not need fixing or that it is not blighted by inefficiency and error, yet rather than taking positive steps to fix the problems, the Government have brought forward proposals that will drive standards down, not up.

All the amendments in the group that I support would make the immigration system fairer and more accountable, such as amendment 1, which would delete clause 11. It is important that we support that amendment because the latest figures reveal that 32% of deportation decisions and 49% of entry-clearance applications were successfully appealed last year, yet the Government’s depressing response to that large margin of error is not to try to improve the quality of decision making, but to reduce the opportunities for challenge by slashing the scope for appeal.

Amendment 79 was tabled by the hon. Member for Hayes and Harlington (John McDonnell), who spoke movingly about it, and co-signed by the hon. Member for Islington North (Jeremy Corbyn). The basis of clause 3 is utterly flawed, given that it sets out the idea that directions for removal within 14 days are somehow sufficient grounds to assume that bail should not be granted. On any common-sense analysis, there are factors that bluntly challenge that assumption. Plenty of people suffering from psychological or physical illnesses, or who have been bereaved or have caring responsibilities, should not be detained, but will not be able properly to challenge that detention.

I support amendment 60, which would retain the status quo on the use of force, not least because there are serious gaps in the training provided on the exercise of force, especially regarding the use of restraint techniques, by immigration officers and contractors. That is just one reason why it is completely unjustifiable that the Government are extending the use of force without any reference to the type of power exercised and the necessity of that force, and without parliamentary scrutiny.

I get the sense that you would like me to conclude my speech, Mr Deputy Speaker, so I shall oblige, but let me simply say that this is a miserable Bill and that I hope the House will take every opportunity to vote against it.

[Mrs May]

With the leave of the House, I shall respond to some of the points that have been raised. I do not agree with the manuscript amendments to new clause 18 that were tabled by the right hon. Member for Delyn (Mr Hanson). It is right for the Secretary of State, as someone who is democratically accountable, to take the initial decision, but I confirm that there will be a full right of appeal, so a judicial process will apply. I accept that the Opposition have concerns about the new clause, so I will be happy for the Minister for Immigration to sit down with the right hon. Gentleman and go through his concerns before the provision is considered by the other place. I hope that that will be of benefit to him and that it brings him some comfort.

I stress again that I strongly support the intention behind new clause 15, which was tabled by my hon. Friend the Member for Esher and Walton (Mr Raab). Everyone in the House wants to ensure that we can deport more foreign criminals, but it is absolutely clear that the provision, as drafted, is incompatible with the European convention on human rights. Crucially, it would weaken at least two aspects of the Bill, given that it does not deal with persistent offenders who have been subject to sentences of less than 12 months. I am also worried that it provides for an exception to apply when a child has not lived in the country for a significant time and does not have a relationship with their parent. Our Bill requires that a child must be British, that they must have lived in the country for a particular period of time, and that there must be a genuine and subsisting relationship with the child. Given its drafting, the new clause would cause problems in the sort of cases that the right hon. Member for Blackburn (Mr Straw) talked about.

There are also concerns that the drafting of the new clause would lead to a number of rule 39 cases. However, I recognise that there are issues—the right hon. Gentleman said this—with some of the language in the new clause, which we can consider and come back to. As drafted, I do not think that it is appropriate, but Conservative Ministers will abstain from the vote.

I said that I would mention rule 39, on which I intervened earlier. The reasons why I am concerned that the amendment would lead to fewer deportations are: first, because the language in the amendment in relation to children would lead to significant litigation; and secondly, because although article 8, under the current system, does not lead to rule 39 orders—

--- Later in debate ---

16:01

Division 198

Ayes: 297

---

Conservative: 261
Liberal Democrat: 33
Democratic Unionist Party: 2

Noes: 34

---

Labour: 19
Liberal Democrat: 6
Scottish National Party: 5
Plaid Cymru: 3
Social Democratic & Labour Party: 1
Green Party: 1

New clauses 12 and 18 added to the Bill.

--- Later in debate ---

16:13

Division 199

Ayes: 97

---

Conservative: 85
Labour: 10
Democratic Unionist Party: 2

Noes: 241

---

Labour: 186
Liberal Democrat: 41
Scottish National Party: 5
Conservative: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 1
Green Party: 1

Clause 11

--- Later in debate ---

16:26

Division 200

Ayes: 210

---

Labour: 196
Scottish National Party: 5
Liberal Democrat: 4
Plaid Cymru: 3
Green Party: 1

Noes: 301

---

Conservative: 262
Liberal Democrat: 38

Clause 12

--- Later in debate ---

[Mrs May]

I beg to move, That the Bill be now read the Third time.

We have had a considerable and lively discussion today. I thank all who have contributed to the Bill during its various stages so far, particularly those who steered it through the Committee stage: the Minister for Immigration, my hon. Friend the Member for Forest of Dean (Mr Harper), and the Minister for Crime Prevention, my hon. Friend the Member for Lewes (Norman Baker). Indeed, I am grateful for the hard work that was done by all members of the Committee.

Let me remind the House why the Bill is so necessary. It will bring clarity, fairness and integrity to the immigration system, and will address long-standing problems that have prevented the effective operation of immigration controls. It will do that by ensuring that those who are refused permission to stay are required to leave the country, and know that they must do so; by streamlining the appeals system to reduce the scope for playing the system; by ensuring that foreign criminals can be deported first and appeal afterwards, unless there is a real risk of serious irreversible harm; and by ensuring that courts must have regard to the will of Parliament when considering article 8 in immigration cases.

The Bill will make it more difficult for illegal migrants to live in the United Kingdom by denying access to the tools of everyday life. That will include giving landlords a duty to check the immigration status of tenants and imposing penalties on rogue landlords, and denying illegal migrants access to bank accounts and driving licences. We will also strengthen the enforcement of penalties for employers of illegal workers. The Bill reinforces controls to counter sham marriages and sham civil partnerships, conferring new powers and duties, and it will ensure that temporary legal migrants contribute to our national health service.

[Ms Abbott]

I accept the Home Secretary’s wish to clean up the system and discourage people from “playing” it—I deal with thousands of immigration cases every month—but has she given no thought to the effect that her measures that are designed to crack down on illegal immigrants could have on people who are British nationals, but appear as if they might be immigrants?

[Mrs May]

We have given a great deal of thought to the way in which our measures will operate. The changes that we propose will strengthen our ability to deal with those who are here illegally. We are, for example, strengthening our ability to enforce penalties for those who employ illegal workers. The system enabling employers to determine whether the workers whom they employ are here legally or not is in place, is well known and is running properly, and the same will apply in the other areas that we are discussing.

The Bill will also help to discharge the Government’s commitment to introduce exit checks on people leaving the UK in order to tackle overstaying and prevent people from fleeing British justice.

Let me now go into a little more detail, although not too much, because I know that others wish to speak. The Bill substantially reforms the removals system, and ensures that illegal migrants who have no right to be in the UK can be returned to their own countries more quickly. We inherited a complex system involving multiple stages before an individual can be removed, allowing numerous challenges to be issued during the process. The Bill will ensure that we adopt a system whereby only one decision is made. Individuals will be informed of that decision, and if the decision is that they can no longer stay in the UK, immigration enforcement officials will be allowed to remove them if they do not leave of their own accord. The Bill also reforms the system whereby illegal migrants held in detention centres are allowed to apply for bail, and it gives immigration officers stronger powers so that they can establish the identity of illegal immigrants by checking fingerprints and searching for passports.

The current appeals system is also very complex. There are 17 different immigration decisions that attract rights of appeal, but the Bill will cut that number to four, which I think will prevent abuse of the appeal process. It will also ensure that appeals address only fundamental rights. It will make it easier to deport foreign criminals by requiring individuals to appeal from abroad after deportation, unless they face the prospect of serious harm.

[Sarah Teather]

I do not intend to make a speech, because I know that others wish to speak, but an issue that has not been mentioned at all today is health. The organisation Doctors of the World, whose clinic I visited last week, is very worried about the Bill’s impact on those who do not have residence status. Such people are often extremely vulnerable, and many have been trafficked.

[Mrs May]

The hon. Lady has raised a number of concerns about aspects of the Bill, and has indicated her objection to it overall. A number of the changes that we are making relate to migrants’ access to services, but I think that the issues to which she has just referred are within the purview of the Department of Health, and are therefore not relevant to the Bill.

We are strengthening our ability to deal with cases in which it has not been possible to deport foreign criminals because they have had recourse to an argument relating to article 8. That is a qualified right under the European convention, and we are now putting it into primary legislation. We expect the courts to respond appropriately.

We will require migrants who will be here temporarily to pay a surcharge so that they contribute to the NHS. I think that most hard-working people would agree that that is appropriate. We have improved our ability to deal with sham marriages.

The deprivation of citizenship is an important new power. As I indicated to the shadow Minister for Immigration, we are happy to discuss with him the full impact of that power. The Minister for Immigration will have those discussions with him. What we are doing meets our international obligations and will strengthen our ability to deal with those who wish to act in a way that is seriously prejudicial to the UK.

The Government are getting to grips with immigration. Net migration is down by nearly a third since its peak in 2010. Net migration from outside the EU is down to 140,000 and is at its lowest level since 1998. The reduction is being driven by cuts in the number of people coming to this country. In 2013, there were nearly 100,000 fewer people immigrating to the UK than in 2010.

We are making good progress with our reforms. We are transforming the immigration and border system. We have abolished the UK Border Agency, established two new operational commands, tightened immigration routes where abuse was rife, strengthened the system of granting students permission to enter or stay in the UK, reformed the family visa system, and set an annual limit on the number of non-EU economic migrants who are admitted to the UK. All those reforms are working well and are doing much to tackle the chaotic and dysfunctional system that we inherited from the previous Government, but we need to go further.

The Bill will build on our achievements. It will ensure that immigration serves our economic interests and that our system commands the respect of the British public, who need and deserve an immigration system that is fair, reasonable and measured. I commend the Bill to the House.

--- Later in debate ---

[Yvette Cooper]

I am going to make some progress, because time is very tight.

The Home Secretary has become terrified of her own legislation. Even though Parliament has had hardly any business, she has kept the Bill away from the House and has then tried to rush it through in four hours today. We have had just four hours to debate a series of important amendments. On our proposals to tackle the impact of immigration on jobs and growth, and to take stronger action on the minimum wage and agencies that exploit immigration, there has been no debate today. On the proposals of Tory Back Benchers on Bulgaria and Romania, there has been no debate today. On the workability of the housing proposals, there has been no debate today. On the fairness of the appeal proposals, there has been no debate today. A series of amendments has been tabled by Members from all parts of the House, but none of them has been debated today.

What have we had instead? The Home Secretary pulled out of her hat, at the last minute, a new power on citizenship, with no consultation and no scrutiny, in a desperate attempt to distract her own party, but it failed. She then stood up for an hour and a half—I have to admire her resilience—to kill time, without even knowing what her position was on the key new clause, which was tabled by the hon. Member for Esher and Walton (Mr Raab).

[Mrs May]

As the right hon. Lady was not here for the whole debate on Report, perhaps I should enlighten her on what happened. Yes, I did speak for an hour and a half, but I took a large number of interventions, including many from Labour Members.

--- Later in debate ---

17:00

Division 201

Ayes: 295

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Conservative: 255
Liberal Democrat: 38
Democratic Unionist Party: 1

Noes: 16

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Labour: 5
Scottish National Party: 5
Liberal Democrat: 3
Plaid Cymru: 2
Green Party: 1

Bill read the Third time and passed.