Deprivation of Citizenship Orders (Effect during Appeal) Bill Debate
Full Debate: Read Full DebateBell Ribeiro-Addy
Main Page: Bell Ribeiro-Addy (Labour - Clapham and Brixton Hill)Department Debates - View all Bell Ribeiro-Addy's debates with the Home Office
(1 month ago)
Commons ChamberI can absolutely give my hon. Friend and the organisation in her constituency that assurance. This Bill is very narrowly drawn; it has two clauses.
I am confused. If the individuals in question have done something so bad that they have to be deprived of their citizenship, why would we not simply jail them? Why would we need to deprive them of their citizenship?
I hope my hon. Friend heard the point I made a moment ago about how the Government have brought forward this legislation in response to a recent Supreme Court decision. Essentially, an appeal against deprivation has resulted in a requirement for us to bring forward this clarification of the law. In response to her and my hon. Friend the Member for Ealing Southall (Deirdre Costigan), this does not represent any widening of the existing arrangements. The right of appeal is completely unaffected by this legislation, which is incredibly narrowly drawn.
I know that the right hon. Gentleman will understand and appreciate, from his time as a Home Office Minister, the huge responsibility that the Government invest in the Home Secretary. The Home Secretary of the day has to make some incredibly difficult, finely balanced judgments. I hope that he would agree that we have to ensure that the Home Secretary, whoever they are, and whatever political party they are from, has the necessary power to make decisions that safeguard the security of our nation. I am certain that he and I agree on that. The Bill essentially ensures that the Government can continue to do that, precisely as the Government whom he served could.
I thank the Minister for giving way again. I am again completely confused. His specific example at the beginning aside, I still do not understand why, if the individuals concerned pose such a huge threat, other pieces of legislation will not deal with them and keep the public safe. He also pointed to the fact that somebody could win their appeal and he could still wish to deprive them of citizenship. I want to understand the circumstances in which, after someone’s appeal was upheld by a judge, the Minister would still wish to deprive them of their citizenship.
Forgive me, but I do not think I said that; I think I said the opposite. I am very happy to discuss the matter further with my hon. Friend. I hope she understands, and I hope I have made it clear, that the Bill is incredibly narrow in its scope. It seeks to take us back to the legal position we were in a matter of months ago, prior to the judgment of the Supreme Court. It does not in any way undermine the right of appeal. If she has further concerns, I am very happy to speak to her, but I can give her an assurance. She is very welcome to look at the Bill. It will not take her very long to read it. It is two clauses, with a single substantive clause, specifically designed to take us back to the legal position we were in just a few months ago. I hope she will be reassured by that.
I agree that the most important role of any Government is to keep their citizens safe, but I do not believe that citizenship is a privilege; I believe that it is a right. I also do not believe that the Minister answered my questions adequately earlier. I want to understand why, if somebody is such a huge threat to this country, we cannot deal with them under other legislation. If we cannot, are there not other pieces of legislation that require our attention? I really worry, because it feels as if the Bill could turn due process on its head. We would not accept that in any other branch of justice.
I hope the Minister will understand that, following the Windrush scandal and the case of Shamima Begum, there is a sense of nervousness among many communities when any legislation that touches on citizenship is brought before this House. That is for good reason: they worry that it disproportionately goes against people of colour or people who are British-born or long-settled whose heritage or ancestral links are outside Europe. The idea that their citizenship can be revoked because they could be eligible for another nationality is problematic. That is a fear that many people hold.
I always worry about legislation that seems to circumvent the judiciary. I ask the Minister to consider these concerns and, please, to answer my questions. I understand that he was talking about a very specific case, but he needs to be able to apply it to the many different examples that Members have put before the House. As he has heard many times, the deprivation of citizenship is an extremely serious thing. We want to make sure that it happens only in the most extreme cases.
As I am sure my right hon. Friend knows, there are various layers of appeal that can be taken, right up to the Supreme Court. The Bill says that, throughout that period, as long as the Government continue to pursue appeals, the person remains deprived of their citizenship, rather than what the Supreme Court is saying, which is that if the person wins any one of those appeals, they immediately become in effect innocent, and their citizenship is restored as if it was never removed in the first place. That is in the same way as if, were I accused of a crime and found innocent and the prosecutor decided to appeal my conviction, I would remain innocent until that appeal was heard and decided against me. If it were appealed beyond that, I would remain innocent then still.
The Government are attempting to revert to the erroneous situation as determined by the Supreme Court. In my view, they are moving the goalposts on an individual who frankly seems to have won a case fair and square in our highest court in the land.
Finally, I want to raise a more fundamental issue about this entire process. Call me an old romantic, but my view is that once you are a citizen, you are a citizen. Once you are in, you are in. Unfortunately, the development of this power over the last however many years since the 1981 Act, which brought it in, has created two classes of citizens in this country.
My hon. Friend the Member for Gordon and Buchan (Harriet Cross), who spoke for the Opposition—she is no longer in her place—said, “citizenship is a privilege, not an unconditional right.” That is not true. It is an unconditional right for me as a freeborn Englishman of two English parents going back I do not know how many years. I have no claim on citizenship anywhere else. It is my absolute, undeniable, unequivocal right to have citizenship in this country, and it cannot be removed from me by any means whatsoever. That is not true of my children. I am married to a Canadian citizen, so they have a claim on Canadian citizenship. If the Home Secretary so decides, they could have their citizenship removed. That is also true of every Jewish citizen of the United Kingdom, who has a right to citizenship in Israel. There will be millions of British people of south Asian origin who feel that they have a second-class citizenship.
This law applies only to certain of our citizens. It does not apply to me. I do not know whether it applies to you, Madam Deputy Speaker. Perhaps it is making other hon. Members think about whether it applies to them.
While the Minister has been clear that we should trust him and has given us lots of undertakings, we do not make the law on the basis of a Minister we like, trust and respect; we make it on the basis that the law might fall into the hands of somebody we are not that keen on and who may be more cavalier with the powers bestowed upon them. As the hon. Member for Hazel Grove (Lisa Smart), who spoke for the Liberal Democrats, said, we are a country that uses this power disproportionately more than any other western country. We have been free in our use of it, despite the fact that Minister after Minister has stood in the House and said, “We use it sparingly.” We do not. Dozens and dozens of people have been excluded, and we have to be honest about why. Sometimes it has been for safety, but sometimes, on balance, it has been to please the papers—because it looks good and plays well. We never ask ourselves about the cost of that to our sense of cohesion.
The hon. Member for Makerfield gave a lyrical and poetic view of citizenship, but if a large proportion of our fellow citizens believe that they have a second class of that citizenship—if some can say, “I am undeniably and unchallengeably a citizen, but you are not, so watch yourself”—what does that do to society?
Does the right hon. Member believe just by looking at me and my hon. Friend the Member for Brent East (Dawn Butler) next to me that the legislation could apply to people who look like us?
The hon. Lady makes the point powerfully. I do not know, but she does. This legislation leaves people from minority backgrounds, second or third-generation immigrants, and those like my children who are of two parents of different nationalities, with a lingering sense of doubt about how secure they are in this nation.
It is a pleasure to follow the shadow Minister. I thank all right hon. and hon. Members who have spoken.
As I mentioned right at the beginning, the Bill is extremely narrow in its scope and intent, focusing solely on closing a loophole in the existing deprivation of citizenship process. As I outlined, the Supreme Court decided in a recent case that if an appeal against a deprivation decision is successful, or a deprivation of citizenship order is withdrawn, that initial order will have had no effect and the person will be considered as having continued to be British. That means that people who have been deprived of British citizenship will automatically regain that status before further avenues of appeal have been exhausted.
The Bill will therefore protect the UK from people who pose a threat to our national security by preventing those who have been deprived of British citizenship and are overseas from returning until all appeals have been determined. It will also prevent a person who has been deprived of citizenship on the grounds that it is conducive to the public good from seeking to undermine deprivation action while an appeal in their case remains ongoing by renouncing their other nationality and putting themselves in a position whereby a deprivation order would render them stateless. The Bill does not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. It is crucial that our world-class law enforcement and intelligence agencies have the necessary powers to protect the public and secure our borders.
Let me reflect briefly on the contributions made during the debate. I am very grateful to the Opposition Front Benchers for their support and their speeches. It is always my intention that national security should never be a party political issue. That was the basis on which I approached it in opposition, and that is the basis on which I approach it in government. I am very grateful for the constructive and reasonable way in which they have presented their points today.
I am also grateful to the Liberal Democrat spokesperson, the hon. Member for Hazel Grove (Lisa Smart), for her contribution. She took the opportunity, as is absolutely her right, to call for wider reform, and she raised specific concerns about the process and about transparency. The Government believe that the measures in the Bill are necessary and proportionate, but I listened carefully to the points that she made about transparency. The Government believe that there is sufficient oversight and transparency of the use of the deprivation power. The Home Office publishes data in relation to the number of deprivation of citizenship orders, and the independent chief inspector of borders and immigration has the remit to review the power. The ICIBI has conducted independent reviews of the deprivation power, with reports published relatively recently, in 2018 and in 2024.
I also want to take the opportunity to further reassure the hon. Lady that deprivation decisions are made following careful consideration of advice, both from officials and from lawyers and, under this Government—I am sure it was the case under previous Governments as well—strictly in accordance with international law. Each case is assessed individually by the Home Secretary, and decisions to deprive, where it is conducive to the public good, are taken by the Home Secretary, and the Home Secretary alone. The power is used sparingly, it complies with the UN convention on the reduction of statelessness and it always comes with the right to appeal.
My hon. Friend the Member for Makerfield (Josh Simons) made a thoughtful speech, including about what citizenship means, and I know that the House will be grateful for the contribution that he made this evening.
My hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy) raised a number of specific concerns, and I want to do my best to respond to them. The deprivation of citizenship on conducive grounds is rightly reserved for those who pose a threat to the UK or whose conduct involves a very high harm. Deprivation on fraud grounds is for those who obtained their citizenship fraudulently, so were never entitled to it in the first place. Decisions are made following careful consideration of advice from officials and—in respect of conducive deprivations—lawyers, and in accordance with international law, including the UN convention on the reduction of statelessness. The Government take these matters very seriously, and I hope that my hon. Friend will understand that we have to ensure that we have the powers necessary to keep the public safe.
I hope the Minister understands the assurances I have been asking for. This will be the third time I have asked. I genuinely want to understand why someone who is such a danger to our public cannot be dealt with under other pieces of legislation. At the moment it seems that we cannot even stop them coming into the country because of the existing legislation. He also keeps saying that the Bill does not widen the situation under which people can be deprived of their citizenship, but it does; it does so on the basis that someone can win an appeal and then be told that they are not going to be given their citizenship back because the Government have further rights of appeal. The Bill does widen that situation. We genuinely need those assurances and an understanding as to why such dangerous people cannot be dealt with under other pieces of legislation.
I do not agree with my hon. Friend’s second point. This Bill has been very carefully and narrowly drafted, and I do not think it does the things that she has said it does. As to why the Government would seek to use these powers, I hope she understands that we will do everything we possibly can—as I am sure the previous Government did—to keep the public safe and protect them from high-harm individuals such as extremists, terrorists, and serious and organised criminals, and that this Government, as was the case with the previous Government, consider that this is an appropriate, necessary and proportionate way in which to do that. I hope that the public and the House will understand why we are progressing in the way that we are.
The hon. Member for Runnymede and Weybridge (Dr Spencer) made a very thoughtful speech. He has clearly thought about this matter long and hard, and he has done the House a great service with his contribution.
I want to reflect briefly on the contribution made by the right hon. Member for North West Hampshire (Kit Malthouse). I enjoy debating these matters with him, and I am genuinely grateful for his contribution. He suggested at one point that he might be an old romantic. I couldn’t possibly comment—but I could possibly say that he has advanced some interesting points. They are not points that the Government agree with, and I hope he does not mind me saying that they are not points that the majority of Members of this House agree with, but he has ensured that this debate has been richer than it would otherwise have been had he not made those contributions.
I hope that the right hon. Gentleman acknowledges that the Government are acting in good faith in order to ensure that we are best placed to keep the country safe. I know that he is not satisfied with the measures that we have brought forward and does not agree with them. That is absolutely his right. I respect his right to make the case in the way that he has, but I would ask him briefly to consider an alternative scenario in which the Government of the day, regardless of their political party, did not put in place the necessary powers to keep the public safe. One can only imagine the criticism that any Government would face, were they not to do that.
Deprivation of Citizenship Orders (Effect during Appeal) Bill Debate
Full Debate: Read Full DebateBell Ribeiro-Addy
Main Page: Bell Ribeiro-Addy (Labour - Clapham and Brixton Hill)Department Debates - View all Bell Ribeiro-Addy's debates with the Ministry of Justice
(3 weeks ago)
Commons ChamberI am not sure that I accept the hon. Gentleman’s logic. The test of mental capacity in the judicial system applies to everyone equally. If I were being prosecuted for an offence, I would be assessed for mental capacity, just as my hon. Friend would. The court would accept that there might be mitigations for his actions, or a requirement for a different disposal if he lacks mental capacity, but that is an external influence on him. It may come about owing to mental illness or some other kind of disability—who knows?
The point is that this comes about through no reason other than birth. My citizenship, or my lack of citizenship, is conferred on me by reason of my birth—my parentage, or my heritage. I cannot do anything about it. I cannot be treated for it, as I can be for mental illness. This is purely because my parents may have come from another country, my skin may be of a different colour, or the country of the origin of my DNA may offer particular rights of citizenship. It is something arbitrary, about which I can do nothing. We might as well have a piece of legislation that says that people with red hair receive different treatment under the law, because there is nothing they can do about that.
Does the right hon. Gentleman agree that this whole notion of heritage is not even an exact science? My first black ancestor to be born in this country was born in 1806, in Twyford; I have no idea where that is, but I know it is not that far from here. He was the son of a formerly enslaved person and a white domestic servant living in the house of his former master. I do not know what that particular ancestry is, but it goes quite far back. Just because someone called Thomas Birch-Freeman, who was living in the UK and would be deemed British by this legislation, travelled to Ghana as a missionary and settled there, and that is where my lineage comes from, I am now treated differently under the law, despite, perhaps, having heritage that may be similar to that of the right hon. Gentleman.
The hon. Lady has made a very good point. My problem with this legislation is that it places a question mark over certain citizens. I am not suggesting that the legislation is on everyone’s lips every day, but when it is used with increasing frequency, it does place a question mark over people’s status as citizens of the United Kingdom, and that, I think, should be a matter of concern.
I rise to speak in favour of amendment 1, in the name of the right hon. Member for North West Hampshire (Kit Malthouse), who is definitely on the other side of the House but who I am very much allied with in seeing the clear flaws in this Bill. Like him, I remain uncomfortable about the Bill as a whole, which I am sure will come as no surprise to the Minister.
I was quite clear on Second Reading about my concerns, which unfortunately the Minister failed to adequately respond to. Under the Bill, someone who successfully appeals against an order taking their British citizenship away will not get it back until it is no longer possible for the Government to challenge that appeal. At present, the length of time is indefinite, making this a measure that is effectively designed to circumvent the judiciary, and I want to fully understand why.
On Second Reading, I repeatedly asked the Minister to specify what act a person must commit to fall into the particularly unique situation in which the Government would want to revoke their citizenship, and why there is no existing legislation that can be used to take criminal proceedings against, or imprison, them as someone who is extremely dangerous. I would really like him to give a clear example—beyond the one case that has sparked this knee-jerk response—of where this legislation would be required. He has to recognise that, once law, it can be used in more than one way and in more than one case, as the right hon. Member for North West Hampshire has clearly laid out. Surely the Minister can understand the apprehension that many people will have if this legislation is being brought forward to address only one specific example, yet potentially has implications for dual nationals and for those with eligibility for citizenship elsewhere.
I mentioned on Second Reading that certain communities are often wary of legislation that touches on citizenship, because it almost always—whether it is the stated intention or not—disproportionately impacts them. To be clear, I am talking about people from black, Asian and minority ethnic communities, and those with parents or grandparents who may have been born elsewhere; they will be particularly alarmed by this legislation. Those of us who are entitled to citizenship of other countries for no other reason than where our parents or grandparents may have been born, or simply because of our ethnic origin, know that we are at a higher risk of having our British citizenship revoked. When such legislation is passed, it creates two tiers of citizenship. It creates second-class citizens, and we have known that since the Shamima Begum case.
As far as I am concerned, this Bill goes beyond keeping people safe and beyond a technical adjustment. It sends a message that certain people and certain communities are forever second-class citizens, and that no matter how long someone has contributed to this country, their citizenship is conditional, revocable and disposable. It seems that we have learned nothing at all from the Windrush scandal, because we continue to go through this cycle of creating pieces of legislation that may impact certain communities, noticing that they may impact those communities and passing them anyway.
As far as I am concerned, the power to remove someone’s citizenship has its roots in colonial logic, whereby belonging is granted or revoked at the whim of empire, but there is no more empire. That logic has no place in a modern democratic society. Citizenship should never be a privilege to be granted or withdrawn based on the political agenda of the day. Citizenship is and should be a right, and it is the foundation of equality before the law; and even though this may not be the intention, the Bill undermines that right for some people while safeguarding it for others.
I am against this Bill not just because of what it does, but because of what it says. Why has the Minister not seen it fit to conduct an equality impact assessment? I know the Bill has an incredibly narrow scope, but its potential implications are vast and the potential impact is limited to specific communities. Steps should have been taken to understand the impact that this legislation might have.
I hope the Government will consider amendment 1. We know that these cases are lengthy and can last several years; I point again to the Shamima Begum case as an example. Leaving somebody essentially stateless as the Government exhaust the appeals process risks their freedom and safety. Although the Government may wish to wash their hands of the individual whom they are seeking to deprive of citizenship—as evidenced by the very nature of appeal—that person and their safety is and absolutely ought to be, by law, the responsibility of their Government. If rendering them stateless throughout their appeal, regardless of whether it lasts a few months or a few years, risks harm to the individual, then it is only right that a judge can rule that the order does not continue to take effect until the appeals process is exhausted.
Ultimately, I believe that this legislation is reactionary and has been born out of frustration at the failures of the existing legislation. If someone is deemed to pose a severe threat to public safety and the existing legislation does not allow the Government to deal with the matter appropriately, we must amend the existing legislation.
As I said before, I am against this Bill not just because of what it does, but because of what it says about who we are and whose rights matter, and about whether justice in this country is truly blind or whether it sees skin colour and migration history before it sees the individual and the citizen. I genuinely do not believe that this knee-jerk approach is the answer. Creating second-class citizens is not the answer. There surely has to be another way.
I have listened very carefully to the right hon. Gentleman’s comments this evening and on Second Reading, and I have a great deal of respect for him and the way he lays out his arguments. I am very much looking forward to the Minister’s comments from the Dispatch Box shortly.
Further to the intervention by the right hon. Member for North West Hampshire (Kit Malthouse), is the hon. Member aware not only that Commonwealth countries allow people to claim citizenship from the birth of their parents or grandparents, but that some countries—notably Ghana and Kenya—specifically allow people to claim citizenship purely by being of African heritage, because they may not be able to trace their lineage due to enslavement?
I am very grateful to the hon. Member for those comments. We Liberal Democrats believe that the whole deprivation of citizenship regime needs fundamentally looking at and reviewing, and we would welcome any co-operation across the House with hon. and right hon. Members who want to work with us on that.
The Liberal Democrats are clear that deprivation of citizenship must remain an absolute exception, and never be a routine tool of Government policy. New clause 1 would provide the necessary guardrails to help ensure this remains the case, even as further powers are placed in the Secretary of State’s hands. Ultimately, the integrity of British citizenship and our commitment to fundamental rights must never be compromised by practicality. New clause 1 would uphold those principles and ensure that such a grave power was exercised only with full accountability and the closest scrutiny of this Parliament.
I have listened very carefully to this debate, and I thank all hon. and right hon. Members for the points they have made. As I have said in this Chamber many times, there is simply no greater priority than the safety of all those in the UK, and this Bill will help ensure the integrity of a vital tool in our ongoing efforts to protect the UK. As ever, I will endeavour to respond to the themes that have been raised.
I start with the Bill’s sole substantive clause. Clause 1 inserts into the British Nationality Act 1981 proposed new section 40A, which will prevent those who have been deprived of British citizenship from automatically regaining citizenship if their appeal is successful. This will be in effect until onward appeals have been determined, and that extends up to the Supreme Court. It replicates the approach taken on asylum and human rights appeals. If all appeals have been determined and the Government prove unsuccessful, British citizenship would be reinstated with immediate and retrospective effect.
This clause and the Bill in its entirety do not change any existing right of appeal or widen the reasons for which a person could be deprived of their citizenship. I also reassure the Committee that the Government have to demonstrate a genuine case for an appeal in order for courts to allow the appeal to proceed. The courts carefully assess whether any appellant has a reasonable prospect of success, or there exists some other compelling public interest, before granting permission. Rules of court exist to prevent superfluous or unfounded appeals being pursued.
Clause 2 is necessary to make the Bill operational. The provisions are retrospective and will come into effect on Royal Assent. This is necessary to mitigate effectively the risk of cases currently in the system. The Bill extends and applies to all of the UK, the Crown dependencies and overseas territories, and I am sure that hon. Members will be glad to know that we have engaged closely with colleagues in the devolved Governments, Crown dependencies and overseas territories.
The Minister has made very clear exactly where the Bill will apply, but will he be clear about exactly who it will apply to? We have asked this question in different ways when talking about who we think will be disadvantaged, but can he be clear that those of British nationality who have no other claim to a nationality cannot be subject to such an order?
My hon. Friend is right about that specific point, but I will return to the points she has raised once I have responded to amendment 1, tabled by the right hon. Member for North West Hampshire (Kit Malthouse). I am genuinely grateful to him—he is looking a bit cynical as to the extent of my gratitude—for providing an opportunity to address the important issues, and they are important, he raised and for the considered, measured and thoughtful way in which he approached this debate and the Second Reading debate a couple of weeks ago.
The right hon. Gentleman made the case for his amendment in his own typically considered way. I listened very carefully to it, as I am sure did other hon. Members. He made the claim that the Bill will create a two-tier citizenship, and my hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy) reinforced that point. He claimed, I think somewhat unfairly, that the Government, through these measures, are seeking to undermine fairness. I say to him and to other hon. Members that we are not trying to do that. What we are trying to do, very simply, is ensure that the Government have the powers and the tools they need to keep the country safe. I know that he would acknowledge—I have made this point to him quite recently—that these are powers that existed under all 14 years of the previous Government. We are seeking to ensure that we have the same powers to be able to do what we need to do to keep the country safe.
I say to the right hon. Gentleman and my hon. Friend that deprivation on conducive grounds is used very sparingly and against those who would pose a serious threat to the UK. It is essential that our legal framework protects our national security—I hope he would agree with that—but he made an interesting point about some of the fine balances and judgments that have to be made. I hope he would accept that, ultimately, deprivation of citizenship and matters relating to national security are matters for the Home Secretary.
The Supreme Court has been clear that the right to a fair hearing does not trump all other considerations, such as the safety of the public. I understand and respect the motivation behind the right hon. Member’s amendment, but it does not take into account the impact of the Court’s decision on national security. These are judgments and decisions that have to be taken by the Home Secretary. The fact that a court may have allowed an appeal against a deprivation decision does not mean that the person does not pose a threat to the UK, for example where the appeal is upheld on procedural issues. Furthermore, it is not controversial to delay the outcome of a lower court on a civil order while any further appeal is determined. It has nothing to do with being found guilty. As I mentioned earlier, the approach in the Bill is in line with the approach taken on asylum and human rights appeals.
Turning to the specific conditions set out in amendment 1, I can assure the right hon. Gentleman that decisions to deprive are taken in accordance with our international obligations. It is also assessed whether deprivation would expose a person to a real risk of mistreatment, which would constitute a breach of articles 2 and 3 of the European convention on human rights, were those articles to apply. Additionally, an appeal can already be paused until a person is in a position to effectively take part. The timings for appeals are agreed by both parties and the courts can order case management reviews to resolve disagreements between the parties. For the reasons I have outlined, I respectfully ask the right hon. Gentleman that the amendment be withdrawn.
I rise simply to ask the Minister if he might publish the assessment. He has said continuously that the Bill is fair, but I want to impress upon him that it cannot possibly be fair that should such orders be brought about, they would impact me and not him. I do not think that is fair at all.
I would also like the Minister to address his statement that the Bill is not discriminatory. He must understand that some communities may have these provisions applied against them more than others, even though they may be used sparingly, and that fact makes it discriminatory. He has to accept that.
I would also be grateful if the Minister thought specifically about the fact that no matter how sparingly the legislation is applied, it is being used more than in the past, and that is giving people much cause for concern. As the right hon. Member for North West Hampshire (Kit Malthouse) pointed out, the Minister and the Secretary of State may not always be in this place, and there may be others who wish to use the legislation in a way that is not intended. I would be very grateful if the Minister could address those points and see exactly where our concerns remain.