(1 day, 10 hours ago)
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The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
Shamima Begum had her British citizenship removed, as upheld by the UK courts. It is inappropriate for me to comment further while there are further ongoing legal proceedings. We are working closely with partners to understand the current situation in the detention facilities and camps, and to mitigate any shared national security risks.
Lord Dubs (Lab)
Does my noble friend agree that the situation in northern Syria has become more dangerous recently, especially for those being held in detention camps? Notwithstanding the sub judice position referred to by my noble friend, would it not be right for Shamima Begum, a British-born person educated and brought up here and probably trafficked to Syria as a 15 year-old, to be allowed to return and face justice? Or do the Government seriously believe that she should stay in a prison camp indefinitely?
Lord Hanson of Flint (Lab)
On the first part of my noble friend’s question, the Government are obviously deeply concerned about developments in north-east Syria. However, we welcome the agreement between the Syrian Government and the Syrian Democratic Forces to integrate military and civilian institutions, and we will continue to monitor what happens in northern Syria. Regarding Shamima Begum, my noble friend knows that I try to be helpful on these matters. However, I cannot be any more helpful than I was last time, which is to say that a process has been followed and there is further discussion in the European courts. I cannot anticipate or comment upon that matter until such time as those issues are resolved.
Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
We have plenty of time. We will hear from the Cross Benches first and then from the noble Viscount.
Lord Pannick (CB)
I declare an interest as a former legal counsel of Shamima Begum—there are many of us in that position. The Minister has repeatedly stated that the existence of legal proceedings in the European Court of Human Rights prevents him answering detailed questions. I am aware of no doctrine of the European court that imposes such a restriction. Why are the Government hiding behind the European court’s proceedings to avoid answering the Question from the noble Lord, Lord Dubs?
Lord Hanson of Flint (Lab)
With due respect to the noble Lord, I am not hiding behind that. We have taken a judgment that we are in discussion on that matter in the European court with legal teams. I am not able to give a running commentary on those matters in this House. The noble Lord may not like that, but that is the position I have to give the House today.
Viscount Hailsham (Con)
My Lords, I re-emphasise that when Shamima Begum went to Syria, she was 15 years-old. She absconded from school. She was a child. What is the public interest in excluding her from the United Kingdom now? Are we just making political gestures? I of course acknowledge that the original decision was made by the previous Administration.
Lord Hanson of Flint (Lab)
The original decision was made by the previous Administration, and it happens to be one that this Government upheld and support. I say again to the House that there are ongoing proceedings about her status, and the decisions were very clear. Under legislation which the previous Government took, we have examined this matter and are now in discussions in the European Court of Human Rights. I think it is best left to be determined in the way in which it will ultimately be determined.
Lord Davies of Gower (Con)
I have said it before and I will say it again: we on these Benches are unequivocal in our view that Shamima Begum should never be allowed to return to Britain. However, the noble Lord is right to note the increase in fighting in northern Syria. One of the issues this raises is that British-born Islamic State fighters and sympathisers may be freed and then attempt to make the journey back to Britain, potentially by small boat crossings. In the interests of the security of the British people, what are the Government doing to ensure that no one who has fought for or assisted a terrorist group in that region is able to return to Britain?
Lord Hanson of Flint (Lab)
The noble Lord makes a very valid point, and it is one that I support. The Foreign Secretary has already spoken to the Syrian Foreign Minister about the situation of those who have been and are being detained. We want to ensure that we continue to monitor the security situation in northern Syria, but the noble Lord makes a very valid point that the Government will bear in mind.
Baroness Hussein-Ece (LD)
My Lords, the Independent Commission on UK Counter-Terrorism Law, Policy and Practice has recommended that the UK adopt a comprehensive repatriation policy for all British nationals detained in north-east Syria. None of the 50 to 60 British nationals—the majority of whom are children and their mothers—detained in the dangerous and deteriorating situation in north-east Syria have been charged with a crime, and they have been held there for roughly six years. If transferred to Iraq, which is now a real threat, they face an acute risk of torture, unfair trials and suffering for the children if they are separated from their mothers. Will the Government now fulfil their responsibility and do what the United States, France and Germany have already done: repatriate these British nationals?
Lord Hanson of Flint (Lab)
All requests for consular assistance and, indeed, repatriation will be taken into account by the Government. The British Government will particularly look at the issue of unaccompanied minors and orphans when brought to our attention, and we will facilitate their return, where feasible, on a case-by-case basis, subject to the national security issues and concerns that have been raised to date. I recognise that there are no consular assistance facilities in northern Syria, but there are ways in which that can be examined, and if cases are brought to the Government’s attention, we will look at them.
Baroness Gohir (CB)
My Lords, the Government keep citing vague evidence that Shamima Begum is a threat to national security. When the Government are able to, will they put that evidence before an independent inquiry so that it can be scrutinised, and we can be assured that the rule of law is being followed properly and she is not being used as a political football?
Lord Hanson of Flint (Lab)
I can assure the noble Baroness that the individual is not being used as a political football. The previous Government took the decision under the British Nationality Act 1981 to deprive her of her citizenship status. It is not a step that is taken lightly; it is taken only after careful consideration of advice by lawyers and in conjunction with international law. We have examined the decision to date and upheld it. There is a court case, and the Government judge that we are not going to comment on that while it is going on, but the noble Baroness’s points have been heard in this House, and we will obviously examine them.
Baroness Chakrabarti (Lab)
My Lords, regardless of the particular case and the ongoing proceedings my noble friend the Minister describes, what does he think of the broader policy conundrum that if developed democracies take citizenship away from subjects and citizens who are perceived to be dangerous, we render large numbers of people stateless and create a powder keg of resentment, fomenting all sorts of challenges that will make us less, not more safe?
Lord Hanson of Flint (Lab)
I come back to the point, which my noble friend will be aware of, that this is not a decision taken lightly or very often. The previous Government issued 10 citizenship deprivations in 2020, eight in 2021, three in 2022, two in 2023 and only one in 2024. When the decision is taken, it is on the basis of advice, and that no one is left stateless in doing so.
Lord Bellingham (Con)
My Lords, further to the question asked by the noble Viscount, Lord Hailsham, she was indeed 15 when she went out to Syria originally, but she is now 26 and able to show maturity, one would expect—but unfortunately, she has shown very little contrition or regret. While I am sympathetic to her, would it not be better if she actually condemned atrocities committed by ISIS, rather than saluting and applauding them, which she has done in recent interviews?
Lord Hanson of Flint (Lab)
Again, with due respect to the noble Lord, I am not going to comment on individual cases, which the Government are currently actively considering, in terms of both the original decision and the court case to date. The noble Lord has said what he said and the House will have heard it; I cannot comment on it.
Lord Anderson of Ipswich (CB)
My Lords, the United States has begun the transfer of 7,000 Islamic State detainees from prisons in north-east Syria to Iraq. Iraq’s Supreme Judicial Council said the other day that it would commence legal proceedings against transferred detainees of whatever nationality. Can the Minister tell the House whether any British detainees are among those 7,000, and what, if anything, can be done to guard against the risk that in Iraq, those detainees will suffer torture, unfair trials and the death penalty?
Lord Hanson of Flint (Lab)
The noble Lord will know that the issue he has raised is a US and Iraq-led operation. The UK is not involved in that operation. We expect all detainee transfers to meet international legal standards and will continue to monitor developments very closely. Again, I cannot comment on any individual cases in relation to the issue the noble Lord raises.