Nationality and Borders Bill

Baroness Fox of Buckley Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, there has been great public frustration and concern about the seeming inability of the British state to control its own borders, so I sympathise with what the Bill aims to do. However, I have concerns that in an attempt to talk tough, important freedoms and principles —in fact, core British values—may be compromised. I have been interested in the speeches we have heard so far. However, I worry when opponents of the Bill, particularly outside this House, whose arguments on some issues I sympathise with, suggest that wanting effective border control equates with hostility to refugees and migration. This easily becomes an insulting caricature of British voters’ motives and itself undermines other important principles—that is, those of sovereignty and democracy.

Meanwhile, supporters and opponents of the Bill quibble over whether it is compatible with international law. Instead, we should concentrate on getting UK law sorted out, which might mean reconsidering our relationship with the 1951 UN refugee convention, the EHCR or other transnational instruments if they deny UK border sovereignty. Surely we need arrangements that are fit for purpose to protect and welcome genuine refugees, and to offer new legal migrants every opportunity to settle in the UK and embrace becoming UK citizens in their new home, because at the heart of this whole issue is the demarcating out of citizenship. It is via borders that the word “citizen” gains real political bite, by affording particular political rights organised within the bounds of a nation state. There has to be a distinction between citizens and non-citizens for citizenship to be meaningful. That is what the public get frustrated about—if they feel that citizenship is being undermined. Citizens have specific rights, but also responsibilities and duties, and the electoral franchise that allows democracy to function.

The Government clarifying, with public mandate, who is and is not a citizen—which requires that we know who lives in the UK, on what basis they are entering the UK and who is overstaying—seems crucial for democracy. But if the Bill is at least partly an attempt to bolster what it means to be a British citizen and confirm the boundaries of citizenship, then the controversial Clause 9, which enhances the Home Secretary’s power to strip British nationals of their citizenship, seems counterproductive. I do not want to add to the climate of moral panic about Clause 9. When the New Statesman reported in December that Clause 9 threatens the citizenship of nearly 6 million British people, half of all British Asians and 39% of black Britons, those bald figures went viral. Many are and were understandably frightened that Priti Patel was about to turf thousands of people out of the UK; you have only to see my email inbox to see that this is a very real fear. However, the Government must understand that handing even more powers over to the Home Secretary to remove someone’s citizenship in secret, without notification, effectively making appeals impossible and statelessness a real possibility, is a concern to British citizens and that Clause 9 is a problem.

I am not satisfied that this will be used only in extremis in dealing with the likes of Shamima Begum, “Jihadi Jack” Letts or others who joined the barbaric and murderous ISIS fighters. At the moment, too many are dubbed “extremists” and I want to know who defines that. I also note that whenever a power is argued for to be used in only extreme cases, it inevitably expands and is used more widely. The power to remove citizenship was brought to the fore in 2005 by Tony Blair’s Labour Government, and was then used increasingly and with broader provisions, especially by Theresa May when Home Secretary—the same Theresa May whose respect for British citizens was rather exposed by the Windrush scandal, which disgracefully still rumbles on and is a situation in which British citizens in all but the paperwork were stripped of their rights, deported and so on. Mea culpas and sections of this Bill do not reassure me, especially if they carry on sitting with Clause 9.

What really worries me is the Home Office’s response to all this on Clause 9. It is constantly quoted as saying:

“British citizenship is a privilege, not a right.”


Excuse me? Actually, British citizenship is a right for all British citizens. It worries me that the Home Office considers it its gift to hand down or snatch away. It suggests a two-tier citizenship atmosphere. Frances Webber, vice-chair of the Institute of Race Relations, spells out the consequences when she says that it

“sends the message that certain citizens, despite being born and brought up in the UK, and having no other home, remain migrants in this country. Their citizenship, and therefore all their rights, are precarious and contingent.”

If this Government want to encourage new migrants to integrate into British society and make them feel welcome, they should drop Clause 9.