Illegal Migration Bill

Debate between Lord Lamont of Lerwick and Lord Murray of Blidworth

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Lord Lamont of Lerwick (Con)]

When my noble friend was replying to the noble Lord, Lord Carlile, he said that the ECHR memorandum set out precisely which articles of the convention had that effect and which clauses in the Bill were compatible or not, and, as he says, different rights are listed. But what is the status of that definitive document? He says it is the answer to the noble Lord’s question, but what is its status? Presumably it does not have legal effect in itself.

[Lord Murray of Blidworth (Con)]

That is correct: the ECHR memorandum is one of the documents prepared to support the Bill in its passage through Parliament. Obviously, if a matter of interpretation were required, it is the sort of material that those looking for an interpretation might be minded to refer to. Indeed, it is open to those in Parliament to refer to such documents. It is, of course, right to say that the ECHR memorandum is a standard part of the package in relation to public Bills—so, in that sense, it has regular status.

Shamima Begum

Debate between Lord Lamont of Lerwick and Lord Murray of Blidworth

Monday 27th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble and right reverend Lord for his questions. The answer is that in relation to Shamima Begum, as I indicated in my earlier Answer, due to the fact that the litigation may continue I am unable to comment specifically on the facts of that case. However, I can answer more generally that the power to deprive an individual of their British citizenship, as happened in this case, has existed in law for over 100 years. The British Nationality Act allows for the deprivation power to be exercised in two circumstances: first, where the Secretary of State considers that it is conducive to the public good to deprive that person of their British citizenship, generally on national security grounds; and, secondly, in relation to Section 40(3), if British nationality has been obtained by fraud. This power is exercised sparingly and obviously, given the national security nature of these decisions, the content of them is the subject of closed proceedings. It is therefore a matter for particularly careful consideration by the Secretary of State and that was certainly done in the instant case.

[Lord Lamont of Lerwick (Con)]

My Lords, may I press my noble friend on the security aspect? If we continue to refuse citizenship and refuse to put on trial alleged UK terrorists here in this country, are we not just passing the buck to other countries? If every country pursues the same policy, are we not just going to build up vast and insecure camps full of potential terrorists—the breeding ground for the terrorists of tomorrow?

[Lord Murray of Blidworth (Con)]

I thank my noble friend for that question. Of course it is not the case, as the noble and right reverend Lord put in his Question, that Shamima Begum’s citizenship was refused. In fact, her citizenship was deprived from her by reason of the decision of the Secretary of State, which was reviewed by the Special Immigration Appeals Commission and upheld. I do not agree with my noble friend that there is a risk of large camps of people being accrued who had been deprived of their nationality. If I might provide the figures, in 2019 some 27 people were deprived of their nationality; in 2020, it was 10; and, in 2021, it was eight.