Deprivation of Citizenship Orders (Effect during Appeal) Bill

Debate between Bell Ribeiro-Addy and Dan Jarvis

2nd reading
Monday 30th June 2025 Commons Chamber

[Dan Jarvis]

I can absolutely give my hon. Friend and the organisation in her constituency that assurance. This Bill is very narrowly drawn; it has two clauses.

[Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)]

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?

[Dan Jarvis]

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.

--- Later in debate ---

[Dan Jarvis]

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.

[Bell Ribeiro-Addy]

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.

[Dan Jarvis]

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.

--- Later in debate ---

[Dan Jarvis]

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.

[Bell Ribeiro-Addy]

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.

[Dan Jarvis]

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.

Oral Answers to Questions

Debate between Bell Ribeiro-Addy and Dan Jarvis

Tuesday 8th March 2022 Commons Chamber

[Bell Ribeiro-Addy (Streatham) (Lab)]

17. What recent discussions she has had with international partners on the humanitarian crisis in Ukraine.

[Dan Jarvis (Barnsley Central) (Lab)]

23. What diplomatic steps she is taking to help ensure the protection of civilians in Ukraine.