Debates between Lord Clarke of Nottingham and Sajid Javid during the 2017-2019 Parliament

Mon 11th Mar 2019
Wed 20th Feb 2019
Mon 28th Jan 2019
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons

Spending Round 2019

Debate between Lord Clarke of Nottingham and Sajid Javid
Wednesday 4th September 2019

(5 years, 2 months ago)

Commons Chamber
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Sajid Javid Portrait The Chancellor of the Exchequer (Sajid Javid)
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Let me start by saying a few words about the circumstances surrounding today’s statement. We are in uncharted waters. I understand the strong feelings around the House on these important questions, but it cannot be right for a proud, sovereign democracy to ignore the will of the people. If the House votes for the Bill this afternoon, all we will be doing is delaying what the people have entrusted to us to do, and creating even more uncertainty for our democracy and our economy through a general election that nobody wants. We cannot allow that uncertainty to distract us from delivering on the people’s priorities, so today, to give certainty where we can, I announce our spending plans for Britain’s first year outside the European Union.

After a decade of recovery from Labour’s great recession, we are turning the page on austerity and beginning a new decade of renewal. A new economic era needs a new economic plan, and today we lay the foundations with the fastest increase in day-to-day spending for 15 years. The plans I announce today mean that we will be able to build a safer Britain where our streets are more secure; a healthier Britain where we can care for people throughout their lives; and a better educated Britain where every child and young person has the opportunity to succeed, no matter where they come from or who their parents are. We will build a global Britain where we walk tall in the world with more, not less, of a presence on the international stage; a modern Britain where we embrace diversity as a strength; an enterprising Britain where we are proud of our scientists, our inventors and our entrepreneurs; and a prosperous Britain where we live within our means and growth comes from every corner of this nation. Today we lay the foundations for a stronger, fairer and more prosperous future for our great country.

It has been three years and three months since the British people gave us their instruction to leave the European Union. If people are going to have faith in the ballot box again, we absolutely have to follow through on that instruction. That is why we have set a deadline of 31 October—just 57 days away. The Government still believe that the best outcome would be to leave with a deal, and we could not be more serious about negotiating for such an outcome. My right hon. Friend the Prime Minister has set out our position, and our central ask is clear: to remove the anti-democratic backstop from the withdrawal agreement. But without the ability and willingness to walk away with no deal, we will not get a good deal.

I know that some businesses and households are concerned about what a no-deal outcome would mean for them. I recognise that, and I understand that the uncertainty around Brexit is challenging, but this is ultimately a question of trust in our democracy. In the end, a strong economy can only be built on the foundation of a successful democracy.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Ind)
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On a point of order, Mr Speaker. What has this got to do with the spending review?

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Sajid Javid Portrait Sajid Javid
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I have to say, Mr Speaker, I did not detect many questions, so I will finish very quickly to give an opportunity for Members to ask proper questions.

The simple truth is that Labour is unfit to govern. It would not deliver Brexit. It would wreck our economy over again. Hard-working families will pay the price and we will not let it happen.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Ind)
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I genuinely welcome my right hon. Friend to his appointment and congratulate him on it, and I sincerely wish him every success in carrying out his extremely important duties. I also welcome the many spending announcements he made. In particular, I single out further education, to which successive Governments have been trying to give better priority for the last 30 or 40 years. I hope that it shows in effect. Will he reassure me that the announcements that he has made are consistent with the fiscal rules of his predecessors, that we are still subject to the same limits on the deficit that were laid down, and that he is still aiming to achieve year-by-year reductions in debt as a proportion of GDP? If he can give me those assurances, it demonstrates what he has just said: that he is able to make these welcome announcements because austerity has been brought to an end by the achievements of his two predecessors over the last nine years.

Sajid Javid Portrait Sajid Javid
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I welcome the warm words of my right hon. and learned Friend. I remember all the excellent work he did when he held this position and I hope that I can learn from the way in which he performed his duties as Chancellor.

My right hon. and learned Friend asks me a specific question about the fiscal rules. This spending round is within the current fiscal rules. According to our forecasts, we expect to meet both the key rules of borrowing staying inside 2% of GDP and seeing a further fall in debt as a proportion of GDP. I would, however, point him to some of the other comments I made in my statement about looking again at the fiscal rules, particularly with an eye to taking advantage of record low interest rates and investing more—credibly—in an infrastructure revolution.

Shamima Begum and Other Cases

Debate between Lord Clarke of Nottingham and Sajid Javid
Monday 11th March 2019

(5 years, 8 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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I think it is well established international law that one does not take away the citizenship from even one’s most unpleasant fellow citizens if it will leave them stateless. I thought it was policy not to take away citizenship unless someone had substantial citizenship of and some connection with another country. I had not previously heard it described as some sort of punishment for past misbehaviour.

May I ask the Home Secretary to address the security implications for our safety? There are thousands of European nationals who are jihadists. They are now scattering over the middle east, in camps and elsewhere, trying to get out. Does he not agree that if each European country desperately tries to turn away its own in the hope that they will go to some other country, we will actually expose ourselves to considerable danger? Is it not preferable that everybody who gives up and wants to return to their own country comes back to that country, where they can be put in the hands of the police, prosecuted if necessary, and kept under surveillance by the intelligence services for as long as is necessary?

Sajid Javid Portrait Sajid Javid
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The first point that my right hon. and learned Friend raised was on citizenship. Again, to make it clear, under international law it would clearly not be possible for the British state to remove British citizenship from anyone unless the Home Secretary who is making that decision is satisfied, based on expert advice, that that individual will not be left stateless, so he is right to make that point about international law.

On the security implications that my right hon. and learned Friend asked about, clearly there is a balance that needs to be met. The primary objective should be the safety and security of all those who live in the United Kingdom. That should be the overriding concern, based on expert advice and expert intelligence about what is necessary to protect British citizens. There is a case for more co-operation with our international partners because, as I mentioned earlier, they face many similar challenges. It is something that I discuss regularly, especially with our European partners—I discussed it just last week in Brussels with some of them—and that we are trying to get better co-ordination on so we can better manage some of the joint threats that we face.

Deprivation of Citizenship Status

Debate between Lord Clarke of Nottingham and Sajid Javid
Wednesday 20th February 2019

(5 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sajid Javid Portrait Sajid Javid
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I thank the right hon. Gentleman for his questions, which I want to go through. But let me say to him and the House that these decisions are never taken lightly, and I am not just speaking for myself.

The power has been in place for more than 100 years. It was set out properly in the British Nationality Act 1981, since when it has been used by successive Home Secretaries. Although I will not know every decision that every Home Secretary made in the past, I can be certain that none would have taken decisions on deprivation of British citizenship lightly. There are a number of things to weigh up: national security, moral issues and legal issues all need to be carefully taken into account. No decision of this type—as serious as this—can be taken lightly.

The right hon. Gentleman asked about the grounds for a citizenship decision. As I have said, I cannot talk about an individual case, although I am happy to try to answer his questions. Almost all these decisions, depending on how far back one goes, are made on what is called the “conducive test”: conducive to the public good. The test can apply to a number of issues—to the case prominent in the papers now, but also to many recent cases, including the ones that he mentioned, to do with terrorism and national security. In each of those cases, I would look at the evidence put in front of me: some of that would be secret intelligence and some would be more publicly available information. That would be used to determine the threat that the individual might pose to the country. Alongside that, officials from the Home Office, working with other partners and partner agencies, would put together a case, including a legal case, to look at a number of issues but of course absolutely to make sure that if we went ahead and took the decision to deprive someone of their British nationality, that person would not be left stateless.

In every decision that I am aware of—I cannot think that any of my predecessors would have taken a different decision—that has been applied, every single time. Our lawyers are expert in this field and would look carefully at judgments in previous cases—the right hon. Gentleman referred to those—if they have been challenged, to see whether there are lessons to be learned. Those would be taken into account. When a decision then has to be made, I have to be, in every case, absolutely confident that it is not only conducive to the public good, but legally proper and correct, and compliant with both international and any relevant domestic law.

The right hon. Gentleman may be interested to know that Lord Carlile, an individual whom he will know well, has already made a public comment—I can refer to public comment—about the case in the press at the moment and other such cases that he has been familiar with. He is worth listening to on how this practice has taken place in the past.

The right hon. Gentleman also asked about minors. Again, I cannot talk about any particular individual or case, but in the case of a minor, clearly even more care must absolutely be taken. It is absolutely paramount in all cases to take into account the welfare of minors. I cannot refer to any particular case, but that is also in domestic legislation: in any immigration decision, including about deprivation, the welfare of a child is taken into account where that is relevant.

Finally, I say gently to the right hon. Gentleman that he was a senior member of the previous Government. He was not only in the Cabinet: for almost three years, if I remember correctly, he was a member of the National Security Council. He would have discussed counter-terrorism issues in that council on countless occasions, and it would be hard to think that the issue of deprivation never came up. Not only was he a member of a Government who made decisions on deprivation, many on terrorism grounds, but he even voted for the Immigration Act 2014, which extended the powers of deprivation. Now he stands here pretending that he knows nothing of that and trying to play politics with such an important issue. He should reflect on that.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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When I was Home Secretary, I did not deprive anyone of their citizenship, and although the power is necessary, it is being used with ever increasing frequency. Every patriotic British citizen has to accept that we have fellow citizens who are extremely unpleasant and have very unpleasant and dangerous ideas. We deal with them through the rule of law—international law and domestic law. Some people are mass murderers, but we have given up transportation or exile as a response to such cases.

As this woman is only one, but several hundred have already come back and hundreds of various western nationalities are now stranded in Syria, is it not right that we should begin at least from the position that we should accept back the people who are obviously British, by every ordinary test of the word, and that others have to accept back everybody who is obviously a national of their state? Somehow leaving these people to disperse through Syria seems to me quite a serious threat to future security. We can use the full force of the criminal law —we must—and the full resources of the intelligence services once these people have got back here. That is how my right hon. Friend is going to be able to protect the British public.

Sajid Javid Portrait Sajid Javid
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First, I should say that I always listen carefully to my right hon. and learned Friend, who is very distinguished in the House and served as a distinguished Home Secretary as well as in many other positions of responsibility. As usual, he has made an important point. All I would say is that each case should be looked at on a case-by-case basis. That is exactly what happens in the Home Office: I look at each case very carefully against what tools are available that will help protect our national security and citizens here at home and in regard to what can be done to help bring people to justice.

My right hon. and learned Friend is right to point out that many hundreds of people from the UK—more than 900, we believe—have gone in recent years to Iraq or Syria to join terrorist organisations. There are many more from other European countries and countries such as the US and Australia. We work closely with our allies. I hope he welcomes the fact that we are trying to work even more closely with them following the recent news that Daesh is being defeated in the region, in the expectation that more people may want to come back to the UK or other European countries. We must work with our allies and see how we can co-ordinate and have a more unified approach.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Lord Clarke of Nottingham and Sajid Javid
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019

(5 years, 10 months ago)

Commons Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 View all Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Sajid Javid Portrait Sajid Javid
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I can give my hon. Friend some assurance. I know that she has welcomed the pilot for seasonal agricultural workers that we have already announced. Once we have had the pilot, we will look at how we can incorporate such a scheme in the future immigration system.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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I agree entirely with my right hon. Friend when he says how valuable all the people who are already here under free movement are, because they all have to be self-sufficient when they are here and they are all doing vital jobs. I also agree with him when he says how valuable international students are, and that we have no wish at all to see any reduction in bona fide students coming here from Europe. What I do not quite understand is which of these vital and valuable categories of people he intends to reduce the numbers of in the future, given that he keeps repeating the slogan, “Ending freedom of movement”. What is the policy point of changing our present arrangements if they have brought such valuable people to this country over the past years?

Sajid Javid Portrait Sajid Javid
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I am very happy to answer that question. First, our new system will allow us to help people to enter the UK based on their skills and not their nationality, so it is going to be their skills that will count. My right hon. and learned Friend also questioned how, in that case, by still welcoming the people with the skills, and the students, that we need, we will reduce net migration to more sustainable levels. The answer is in the approach that has been set out in the White Paper based on the evidence from the Migration Advisory Committee. The MAC clearly says in its evidence that if we have a policy that is focused on skills and not nationality, and focus more on high skills than low skills, that is consistent both with meeting the needs of the economy and reducing net migration down to more sustainable levels.

European Union (Withdrawal) Act

Debate between Lord Clarke of Nottingham and Sajid Javid
Wednesday 5th December 2018

(5 years, 11 months ago)

Commons Chamber
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Sajid Javid Portrait Sajid Javid
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I very much respect what the right hon. Gentleman has just said. He has shared it with the House on a few occasions, and I absolutely understand what he says. Let me just say from the outset: no one can pretend that this deal is perfect in every sense. Inevitably, there will be some compromises with this deal and with a number of objectives, including, as we have just heard from the Prime Minister in Prime Minister’s questions, a need to ensure that the commitments in the Good Friday agreement are upheld. What he is referring to is if—and it is an if—the backstop arrangement kicks in. He is right to point to the legal advice, but it is worth keeping in mind the fact that that situation does not necessarily arise, even if there is no final deal on the future arrangement by December 2020, because there is an opportunity for alternative arrangements, including extending the implementation period. Even if the backstop arrangement kicked in, he referred to, it is, at a minimum—legally from the European Union’s perspective—not sustainable because it is done under article 50 of the European Union’s own rules.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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Does my right hon. Friend not accept that, if we are maintaining an open border where there is a land border, it can only be done in a modern economy by having some form of customs union applying to both sides of the border? Unless and until someone else comes forward with an alternative way of timelessly guaranteeing an open border, the arrangement proposed is the only conceivable one that is possible for the foreseeable future, until something better comes along. This was quite obvious months ago, and it is quite futile to start protesting about it now.

Sajid Javid Portrait Sajid Javid
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I always listen carefully to what my right hon. and learned Friend has to say on all matters. It is correct that this is one way to ensure, in that all-important border, completely frictionless trade, but I do not accept that it is the only way to do that. Although it is recognised in the agreement, under the backstop arrangement, that this is a way that clearly has been foreseen by this agreement, there are, as I said a moment ago, potentially other ways that that can be achieved, and it is right that we properly explore all possible alternative arrangements.