Nationality and Borders Bill

Baroness Warsi Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Warsi (Con)]

My Lords, in my limited time I will speak today only to Clause 9, which seeks to strip British citizens of their citizenship without notice. I want to focus on the real-life impact of this proposed legislation and the consequences for communities, and to unpick the notion that citizenship is a privilege, not a right.

Modern nationality law starts in 1981. For all its shortcomings, it was an attempt to bring into the system through formal paperwork those who were British—I repeat: those who were by right British. The state was formalising a right that already existed, something expressly stated by the then Home Secretary William Whitelaw during the passage of the Bill. However, what followed, with subsequent changes to nationality law and an increasingly hostile approach taken by successive Governments of all colours, was the appalling circumstances in which the Windrush generation and others—people who by right were British—were treated like outsiders, foreigners and aliens. Our hostility to immigration and immigrants was the climate in which we abandoned our own who were by right British, even if they had not formally exercised that right.

I lay out this background because this notion of citizenship being a privilege seems to be a popular, but sadly ignorant, mantra. Of course, immigration is not a right, but immigration and immigration controls are very distinct from nationality rights. Those who mix them do so because their flawed understanding does not see beyond the colour of someone’s skin.

Let me personalise it. My family, as many of yours, were a century ago citizens of the UK and colonies. They had rights; all those in the Empire and the Commonwealth did. When my grandfathers fought for the British Indian Army as British subjects, they did so as citizens. When the Windrush generation answered the call for workers and came to this country, they did so as citizens. When South Asians took up gruelling jobs in the mills and foundries of Yorkshire, as my family did, they did so as citizens, as equal members of this country in a continuation of a bond that had started decades earlier. It was not a conditional or temporary right, or a right that we would try to take away from them and their children or grandchildren in ever more cunningly creative ways, and it certainly was not a privilege. It was a right, one established through our colonial history, through strife, blood, sweat and those who even gave their lives. By formally taking a British passport, they were merely formalising a right, not having a privilege bestowed upon them.

The othering of our fellow citizens—which has happened over the years under Conservative Governments; was made worse, I would argue, by Labour Governments, with some of the most dramatically expanded powers of deprivation; and was extended by the coalition Government—this chipping away at the basic right of citizenship, must now stop. That starts with striking Clause 9 from this Bill. We across this House, whichever party we belong to, have been part of the problem. Our respective parties have, over time, torn down the basic belief that all citizens in this country are and should be equal and that, as a citizen, you are a permanent member. It is a fundamental right recognised in case law, including by the High Court in the case of D4, the case that led to Clause 9. This problem did not start with Clause 9, but it must start to end with Clause 9.

This is government sleight of hand, this last-minute addition to override the decision of Mr Justice Chamberlain. It is an attempt at another incremental change with the hope that, once again, no one will notice, but which has huge real-life consequences. This power grab by the Home Secretary is deeply dangerous, one that seeks to deprive someone of their right to citizenship without even giving the person being deprived the right to know, depriving them even of the right to check whether the Secretary of State had the legal basis or accurate facts to exercise that power. These proposals would mean that I would have greater protections when being deprived of my driving licence than of my nationality.

And so a piece of legislation introduced but never used by the late Lady Thatcher’s Government during the Cold War to deal with treason has morphed, mainly during the Blair years as an attempt to remove one man, Abu Hamza—my noble friend Lord Moylan is absolutely right that Labour sowed the seeds of what we now reap—into a catch-all law that covers around 40% of our ethnic minority communities. This clause is not a debate about immigration, it is a debate about our fellow citizens. These laws have the potential to include members of Parliament and their families. They include our loved ones, friends and colleagues; they include some of us. This is not scaremongering, this is fact. This is why families across our country are campaigning to push back against the real-life consequences they are today experiencing as a result of years of incremental legislation.

In conclusion, my parents’ generation, now in their 80s, always feared that their future generations would be outsiders, second-class citizens who would be told to “go back home” or to leave. My generation always dismissed these fears as unfounded, but Windrush proved they were not baseless. Clause 9 and the Government’s exponential use of deprivation powers compound these fears and so I urge my noble friend, who is thoughtful and informed on these issues, to ask the Government to think again and row back.

Nationality and Borders Bill

Baroness Warsi Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 27th January 2022 Lords Chamber

[Baroness Warsi (Con)]

My Lords, I support the amendment in the name of my noble friend Lord Moylan and the intention of the noble Lord, Lord Anderson, to oppose Clause 9; I have added my name to both. I also lend my support to all other amendments in this group. We should support anything that allows us to think again, row back and reset in an area that has developed in ways that we could not have envisaged, and take any opportunity to put it right.

The consequences of Clause 9 are, once again, incremental changes but with far-reaching consequences. I do not intend to rehearse the arguments I made at Second Reading on the history of the state’s power to strip UK citizens of their citizenship. I am grateful to my noble friend Lord Moylan, the noble Lord, Lord Anderson, and the noble Baroness, Lady Fox, for comprehensively and clearly stating the history of this issue, the background, the policy, the changes and its impact.

Each change has been sold by successive Governments as small, incremental, narrow and necessary. But each change has widened further the net of who, how and why the state can strip our fellow countrymen and women of their right. Clause 9 removes the requirement for the Secretary of State to notify someone when they are being deprived of their citizenship in a broad range of loosely defined circumstances, including when it does not appear to be “reasonably practicable”. I am grateful to my noble friend for her recent correspondence, but I am afraid it provides little justification for this change, as the noble Lord, Lord Anderson, said.

Today I want to make three points. The Government have stripped hundreds of citizens of their citizenship over the last decade. Indeed, as recently as 2017, we heard that over 100 people were stripped of it in one year alone. The requirement for notice was, of course, fulfilled in all those cases. The lack of a Clause 9 power did not prevent the Government acting in hundreds of cases. The case of D4, which has been mentioned by other noble Lords, was what led to this clause at the 11th hour, with little debate in the Commons. To help the Committee understand the rationale behind this clause, can my noble friend start by publishing in a single document the numbers of people deprived, the reasons for the deprivation and the ethnicities of those deprived from, say, 1981 to 2010 and 2010 to date?

Secondly, I want to talk about stripping someone of their citizenship. It strips them of their right to live in their country and of their home, their job and their right to family. It often deprives them of the only place they know and forces them to find another place in the world that may or may not accept them—often a place with which they have little if any connection and where their life may be at risk.

Clause 9 seeks to do this without even notifying the person of such a radically life-altering decision. This in reality removes the person’s right to challenge the decision, the basis of it, the accuracy of the facts on which it was based or, indeed, even whether the person stripped is the right person. My noble friend’s explanation in her letter, I am afraid, goes no further in giving any reassurance that appeal rights will be preserved with Clause 9. As the Constitution Committee said in its report on the Bill:

“The House may conclude that this clause is unacceptable and should be removed from the Bill.”


Thirdly, I want to move to a fundamental principle that we are equal before the law, entitled to equal protection and equal treatment. I think the whole Committee can agree on that. In this country, we legislate for what is a crime and publish the law, including sentencing guidelines. If we break the law, we know the consequences that will follow—and follow equally for all citizens. Yet it seems that these fundamental principles are now being eroded.

So perhaps I may ask my noble friend: if an act, a crime, carries the penalty and sentence of citizenship being stripped, should it apply to anyone convicted of that crime? Do my noble friends on the Front Bench agree that sentencing should be linked to crime, not where your grandparents or great-grandparents were born, and that a sentence should not change based on heritage or race? If my noble friends agree with that principle, they will think again and, I hope, before Report they will strike Clause 9 from the Bill, because to do anything else would mean that we further the appalling situation in which we find ourselves now in Britain that seeks to sentence predominately a minority black and brown community differently from the majority white community. Yes, that is hard to listen to, but it should disgust and disturb us in this House.

Being a citizen of this country means that, when you commit a crime, you are arrested, tried and convicted by our laws and our courts. I therefore disagree with the noble Lord, Lord Blunkett. I accept that it is hard for him to revisit his time, but it is punishment and cannot be protection, as he says it is. If the laws, as he says, were brought in as a response to the challenge of terrorism and an international terrorist franchise, surely that required an international response. So how will dumping our citizens who have shown support for that international franchise in another country—likely with less resources—protect us? I would argue that it makes us all less safe.

Finally, this clause has had a chilling effect in our country. It has provoked debates in homes in settled, established communities such as mine and those of other noble Lords. I want to mention a very personal story. When I was growing up, there were two things I remember acutely. The first was a Hitachi case containing everyone’s papers, passports and naturalisation certificates. When anything happened in our home, for example if we moved, that Hitachi case was rescued first, because the fear was real that, without that case, we might be asked to leave.

The story that I heard from my parents was this. My dad is an optimistic guy who always thought that he would build a house in the north of Pakistan in the way that many of us dream of having a villa in the south of Spain. But my mum, like many women, was more realistic and cynical. She worried that one day we would be asked to leave and go back home. I did not envisage that here I would be at 50, not quite dreaming my dad’s dream but definitely worrying my mum’s worry.

So I say to my noble friend that opposition to this clause is widespread. Most of our inboxes are full of briefings and correspondence. The clause is broadly opposed in this Committee. Today we have seen the House at its best; across it and across political divides we have had noble Lords raising their concerns. So I hope that my noble friend will think again before Report.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I want to say just a few words because I have listened very carefully, looked at all these amendments and heard some extremely good speeches from colleagues on all sides of the House. However, I am a former Immigration Minister and, looking back at legislation that I was involved in in the 1990s, there were certain Bills in which clauses came forward, we looked at amendments and, frankly, we concluded that, however good the amendments were, the clauses were unamendable and should be removed when they were not effective and where it had been clearly shown that they would have had bad effects.

I am grateful to those who have moved or spoken to their amendments, but I can think of few proposals that can offend as widely and as profoundly as the removal of people’s citizenship. Clause 9, sadly—to me, anyway, as a lawyer—is an affront to our common law, to international legal standards and understandings, and to our various human rights commitments. Critically, it could have appalling consequences for those affected.

As I stated at Second Reading, stripping people of their citizenship—secretly and unilaterally, on vaguely defined grounds such as “in the public interest”—exposes us to actions that fall short of our normal democratic standards, both at home and abroad. It also predicates many legal proceedings.

We all know that the first rule of government is to protect our citizens. I took that very seriously then, as I do know. Clause 9 would place already vulnerable people at greater risk. There are plenty of examples of this. A person may be deported to a country where capital punishment is practised, or where other inhumanities might present themselves. This proposal could hardly be described as protective, as it would open us up to accusations of double standards, which would undermine our efforts to speak out against issues such as the death penalty or cruel and inhumane practices elsewhere.

The UK has a very good and proud record of calling out injustice when it applies to other countries that show a lack of respect for human rights and international standards. At times—not often, but occasionally—we are also good at sporting spurious justifications to mask unsavoury policies. I fear that this clause would grant the UK the same sort of cover and ability to employ the same sorts of excuses to enforce policies that are otherwise indefensible and might be misused.

Citizenship is a valuable status and a clear constitutional right. The issue of revocation is, therefore, to be taken seriously. Any attempt by the state to withdraw an individual’s citizenship must have a clear and robust basis in law. It must assert the primacy of due process, including the right of appeal. Above all, it must be transparent, where the basic rights of notification of action to a subject are followed.

I fear that Clause 9 will create a process that is arbitrary and fundamentally unjust. That is why it should not be supported. I hope that my noble friend can rectify the situation before Report. I listened particularly to the noble Lord, Lord Anderson of Ipswich. He was quite correct; it is very difficult to see that any form of amendment could put this clause right.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

Of course there are home-grown people trying to do harm to our British citizens, but this is one of a number of powers to try to reduce high harm activity against the people of this country.

[Baroness Warsi (Con)]

As a follow-on from the noble Baroness’s question, I have a question that I asked in my initial intervention. Why should they be treated differently? Say one person is involved in serious organised crime, such as major drug dealing, child trafficking or sex trafficking offences, and another person commits exactly that same offence, and say both of them were born in the United Kingdom, raised in the United Kingdom, have never lived anywhere else and have never taken citizenship of any other country. If they commit exactly the same crime, why should one be told to leave and the other not?

[Baroness Williams of Trafford (Con)]

My Lords, what I think I have tried to explain today—and it will be obvious that are clearly differences between us—is that, where the highest harm individuals can rely on another citizenship, the Home Secretary has within his or her power the ability to remove that citizenship. Of course, the one citizenship that is protected is when someone is only a British citizen and of no other territory.

Nationality and Borders Bill

Baroness Warsi Excerpts

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

[Baroness Warsi (Con)]

My Lords, I start by congratulating the noble Lord, Lord Anderson of Ipswich, on the detailed measures that he has brought forward. I really appreciate the time that he has given to the discussions and debates that he and I, and other Members of this House, have had over the last few weeks and months. I also pay tribute to my noble friend Lady Williams for her work and her calls, and for the way in which she has dealt with this issue, reaching out to try genuinely and sincerely to find a compromise. That is what this is—it is a compromise, and compromise is good, but fairness, justice and equality are better. Therefore, despite the fact that these amendments go some way to making what was really bad legislation slightly less bad, they are simply papering over the cracks.

Once again, we are being asked by the Government to keep incrementally changing this law from the early 1980s—each time it has been changed with one case law or one individual situation—so that more and more people in this country, from a wider and wider scope, with more and more different offences, are now included in a space where their citizenship can be stripped. Therefore, we have an opportunity in this House to, once again, incrementally, make a bad law slightly less bad—or we can take a position and say that the underlying law itself is so bad that we are no longer prepared to keep making these incremental changes.

This takes the bad law a little further. If we go back to what this law actually does, first, it strips citizenship from those who were born and raised here, know nowhere else and whose family have been here for generations, but who are deemed to have—they do not actually have—another citizenship through some tenuous link to a country that their grandfathers or great-grandparents may have come from. Secondly, under this law, in our courts in the United Kingdom we punish two people convicted of the same crime differently based upon their heritage—not on the crime committed, but on their heritage. That is what the underlying law does.

I take issue with the idea that these people are not second-class citizens; they are. Let me give an example. My grandfather came here in the 1950s; my father came in the 1960s. I was born here; I have no other citizenship. My children were born here; they have no other citizenship. My grandchildren have been born here; they have no other citizenship. However, if my grandchildren—we all bring our children up well, not to commit crime, but we can never predict how their lives will turn out—were to commit not just a terrorist offence but a criminal act such as a sexual offence or an offence involving fraud, they could, in court, be punished for the crime but also have their citizenship stripped. That is fact. That makes me a second-class citizen. It makes my children second-class citizens. It makes their children second-class citizens. How far back do we go before we say to people that they are as equal as anyone else in this country?

Today, by supporting the amendment in the name of the noble Baroness, Lady D’Souza, we can say, from this House, that despite all the assurances and the changes, we believe in equality for all in this country. My noble friend mentioned New Zealand and Australia, and I accept that changes have been put in place there; safeguards have been put in place where it is deemed not fit to serve notice. But we also have allies, such as the United States and Canada, who simply do not even have the law—they do not believe that we should be stripping our citizens of their citizenship.

The current law has been used throughout two decades of the war on terror, during the rise of ISIS, and while terrorist fighters from the United Kingdom have been going overseas. Over the years, we have managed to use the law, without this additional incremental change, to ensure that we have stripped people who we consider to be dangerous of their citizenship. We have managed under the current law; this further change is not required.

In conclusion, we may not have taken this moment to put right the wrongs of the past—many noble Lords, including many noble friends from my own Benches, stood up and asked for the original law to be considered. However, the least we can do is to stop a bad law becoming worse. If the noble Baroness, Lady D’Souza, tests the opinion of the House, I urge Members to vote for it because I will be voting for it, too.