Nationality and Borders Bill

Baroness Mobarik Excerpts

Lords Hansard - Part 1 & Report stage
Monday 28th February 2022 Lords Chamber

[Baroness Mobarik (Con)]

My Lords, I speak in support of the amendment from the noble Baroness, Lady D’Souza, to leave Clause 9 out of the Bill. I find it difficult to comprehend that we are even debating something so out of step with our rules of justice and fairness. Depriving someone of their citizenship without even informing them, as would be the case if Clause 9 were to be enacted into law, is in effect an addition to the already punitive measures that have existed since 1918.

As the noble Lord, Lord Macdonald of River Glaven, stated, Clause 9 effectively removes the right of appeal, which has evolved over the decades to become ever more powerful. If the Home Office deems it to be in the public interest or, as is worded,

“conducive to the public good”,

then the long-standing position under the British Nationality Act 1981 that an individual must be notified if they are to be deprived of their nationality is being amended, so that they do not even have to be informed. Currently, citizenship deprivation letters can be delivered to the individual’s last known address, so why are we changing that? Essentially, over this past decade, the Government have failed to provide notice on many occasions, and it appears they are now seeking to declare all unlawful deprivation orders as lawful by making Clause 9 retroactive.

Clause 9(5) purports to make lawful deprivation orders which courts have found unlawful because of failure to give notice. That is making lawful a breach of requirements as laid down by Parliament, after the fact. This completely undermines the rule of law as we understand it. While I support the amendments of the noble Lord, Lord Anderson of Ipswich, which would provide some safeguards on the use of Clause 9, the amendment in the name of the noble Baroness, Lady D’Souza, to remove the retroactive application of Clause 9 in its subsections (5)(6) and (7), should be considered seriously.

Former Prime Minister Sir John Major has warned that we should search our souls before taking this step. Others such as the Institute of Race Relations, the House of Lords Constitution Committee, the think tank Policy Exchange and the former Attorney-General Dominic Grieve, as well as five separate UN bodies, have stated that such deprivation orders made under Clause 9 are likely to be discriminatory and unlawful. I hope that we would give attention to such notable organisations and individuals.

I add that I support in principle the amendment of the noble Baroness, Lady Bennett, to omit subsections (2) and (4) of Section 40 of the British Nationality Act 1981, but understand that it is probably outwith the scope of the Bill. However, we have to address this, because we are in danger of creating a two-tier system of citizenship.

The fact is that Clause 9 has a disproportionate impact on people from ethnic-minority backgrounds. As a person cannot be made stateless according to international conventions, by default it is more likely to affect those who have a connection to the Commonwealth or a country where they are entitled to dual nationality. But it is not even as obvious as that, for some Commonwealth countries allow dual nationality or will accept people if they have a connection through their parents or grandparents, while others do not. Take south Asia, for example: while Bangladesh and Pakistan offer dual nationality to British citizens who have a direct link, India does not, so citizenship deprivation would not impact British citizens of Indian heritage. As I said in Committee, if Clause 9 is enacted into law, we are heading towards a society made up of degrees of citizenship, where some are full citizens while others are half-citizens and others somewhere in between.

Growing up between two distinct cultures, one is acutely aware of certain idiosyncrasies and traits which define each. The core values are, of course, the same, but there are always certain endearing features: the British sense of humour, with its self- deprecation and the ability to laugh with others at one’s own expense is one. The other is this sense of fairness. How often do we hear the phrase “That’s not fair”? Then there are all the variations: “Let’s be fair”, “Fair enough” and “Fair is fair”. Do noble Lords think it fair to have a two-tier system of citizenship? Do we think it is fair to deny someone their citizenship without informing them?

I understand that our intention is to root out ruthless individuals and deny them entry to our country, which is absolutely right. Not one of us would disagree that we must do everything to protect our people, but it begs the question: will it protect our citizens to have ill-intentioned people free to continue to conspire against us elsewhere, rather than having them locked away safely, following the rigours of our excellent courts? It also begs the question: what if there is a mistake, as has already happened in the case pointed out by the noble Baroness, Lady Bennett, of the British Bangladeshi man referred to as E3? He spent five years in Bangladesh trying to get back, having had his citizenship revoked without him even being informed. He eventually got back, as there was no evidence that he had committed any crime or had any intention of doing so—a completely innocent man, wrongfully accused. Was that fair or unfair?

Britain has a proud tradition of justice, equality and fairness. Let us keep it that way.