Deprivation of Citizenship Orders (Effect during Appeal) Bill

Dan Jarvis Excerpts

2nd reading
Monday 30th June 2025 Commons Chamber

[The Minister for Security (Dan Jarvis)]

I beg to move, That the Bill be now read a Second time.

Of all the duties of Government, none matters more than keeping our country safe. It is an awesome task, and one to which we attach the utmost significance, as this House and the public would expect. For people to flourish, they must have confidence that they are safe as they go about their lives. For a society to excel, its values must be protected from harm and its laws upheld. For a nation to thrive, its leaders must be unrelenting in the pursuit of these critical aims. That is why the Prime Minister has made national security a foundation of the plan for change, and it is why we work around the clock with our partners in policing and the security services to keep the United Kingdom and its people safe.

In the face of a complex and evolving threat picture, it is essential that we keep the powers, tools and measures available to us under constant review. Where steps are needed to maintain the safety and security of our country, this Government will not hesitate to act. It is with that intention that we have brought forward this Bill, which, although narrow in its scope and intent, is vital to our ongoing efforts to protect the United Kingdom.

Before I come to the detail of the Bill, I will provide a little bit of background. The British Nationality Act 1981 provides for the removal of an individual’s British citizenship. This is also known as a deprivation of citizenship. Deprivation is an important and effective tool to maintain public safety and preserve national security. It is used in two different situations: where citizenship has been obtained by fraud, or where deprivation is conducive to the public good, which means that it is in the public interest to deprive a person of British citizenship because of their conduct and/or the threat that they pose to the United Kingdom.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I accept the Minister’s point that this is a very narrow Bill, but is he able to tell the House how many individuals who currently have an appeal that has not yet been heard, and to whom this Bill will ultimately apply, have been deprived of their citizenship?

[Dan Jarvis]

I am happy to do that. If my hon. Friend bears with me for just a couple of moments, I will provide him with the information that he has requested.

In the latter category especially—where deprivation is conducive to the public good—deprivation is used against some of the most dangerous individuals, including terrorists, extremists, and serious and organised criminals. Someone in the UK who has been deprived of their British citizenship no longer has any immigration status, steps may be taken to remove them from the UK, and they may be held in an immigration detention in the interim. If they are overseas, they cannot re-enter the UK using a British passport. In both circumstances, this is clearly an effective way to disrupt the threat posed by dangerous individuals.

[Jim Shannon (Strangford) (DUP)]

First, I commend the Minister and the Government for bringing forward this Bill. There is no doubt but that it is absolutely necessary. National security is paramount when considering revoking citizenship, as the Minister has outlined, and the Bill is necessary to close a particular loophole and ensure that no person can bypass it.

In Northern Ireland, many people claim both Irish and UK citizenship, as they are able to. I understand that the Bill will make sure their UK citizenship can be revoked, but they will still have the right as an Irish passport holder to travel to Northern Ireland. That is a very peculiar case. I am quite happy if the Minister wants to come back to me on this, but I just want to make sure that no one can get around these measures by using an alternative passport—an Irish passport or whatever it may be—and that Northern Ireland will be under the same laws as the rest of the UK.

[Dan Jarvis]

I am grateful to the hon. Member for his intervention, as I always am, and he is absolutely right that it is necessary to close this particular loophole, and that is the purpose of the Bill. He has raised a very interesting example, and I am grateful to him for saying he is happy for me to come back to him. If he lets me reflect on it further, I will respond to him when I make my concluding remarks at the end of the debate.

[Kit Malthouse (North West Hampshire) (Con)]

The Minister keeps referring to a “loophole”. In fact, it has been an important principle of British justice that successful appeal equals vindication. This Bill is trying to remove that presumption. That is not a loophole; it is a basic judicial right on which we all rely.

[Dan Jarvis]

Again, if the right hon. Gentleman bears with me, I will come to his specific point in a moment, and if he is not satisfied that I have responded adequately then, I am happy to give way again. I will make some progress.

Deprivation decisions are made following careful consideration of advice from officials and lawyers, and in accordance with international law. Each case is assessed individually. Decisions to deprive, where it is conducive to the public good, are personally taken by the Home Secretary. The power is used sparingly. It complies with the UN convention on the reduction of statelessness, and always comes with a right of appeal.

Turning to the question from my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), let me give the House a sense of the frequency with which deprivation powers are used. From 2018 to 2023, on average 12 people a year were deprived of their citizenship where it was conducive to the public good. The available period for fraud-related deprivations is slightly different, but from 2018 to 2022 there were an average of 151 cases per year in that category.

Let me turn to the Bill, dealing first with why it is required; I hope this will go some way to responding to the point made by the right hon. Member for North West Hampshire (Kit Malthouse). In a recent case, the Supreme Court decided that, if an appeal against a deprivation decision is successful, the initial deprivation order will have had no effect and the person will be considered as having continued to be a British citizen. This means that people who have been deprived of British citizenship will automatically regain that status before further avenues of appeal have been exhausted by the Home Secretary.

[Deirdre Costigan (Ealing Southall) (Lab)]

Will the Minister give way?

[Dan Jarvis]

I am going to make a little bit of progress, if I may. I will give way in a moment, but I want to address the point that has been raised.

There are very good reasons why the Government may wish to stop citizenship being regained until all appeals are determined, withdrawn or abandoned. These include to prevent someone who is outside the UK and who poses a risk to our national security from returning when a further appeal may be upheld pending the Home Secretary’s decision, or to prevent a person from renouncing their other nationality and putting themselves in a position where, if further appeals are successful, a further deprivation order would not be possible as it would unlawfully render them stateless.

[Gareth Snell]

I thank the Minister for that explanation, but hypothetically there exists a circumstance in which the Home Secretary could deprive an individual of their citizenship, that individual could go for an appeal and have it reinstated, and this law would prevent them from retaining that citizenship and the Department could simply choose not to appeal further. How does the Department ensure that the individual is then allowed to access future appeals to try to regularise their citizenship status?

[Dan Jarvis]

For reasons that I do not understand, my hon. Friend is progressing a hypothetical scenario; I do not know whether it is based on a particular case that he has in mind. I have not personally dealt with such a set of circumstances, but I am happy to look at the matter he has raised.

[Deirdre Costigan]

Southall Community Alliance in my constituency has long been a defender of human rights. Would the Minister confirm to the alliance that this Bill means we will continue to use the power to deprive people of their citizenship very sparingly, and that there will be no changes to the existing right of appeal or any widening of the reasoning under which we would deprive somebody of their citizenship in this country?

[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.

[Pete Wishart (Perth and Kinross-shire) (SNP)]

I am sure the Minister understands that due process is important and appreciates that the appeals process must be respected fully. He is intending making people temporarily stateless, so can he guarantee that the appeals process will be speeded up and people will have an opportunity to have their case heard in a timeous manner, so they can have their case resolved, not hanging over them for a long time?

[Dan Jarvis]

The hon. Member is absolutely right about the point of due process. I can say to him and to my hon. Friend the Member for Ealing Southall that these powers are used very sparingly. Each and every individual case is decided on by the Home Secretary. I know that this Home Secretary has—and I am sure previous Home Secretaries have—taken these responsibilities incredibly seriously. Decisions are made carefully, on advice and in accordance with international law, and I am happy to give the hon. Member and others that assurance.

[Kit Malthouse]

Will the Minister give way?

[Dan Jarvis]

Let me make a bit of progress, and then I will happily give way again.

The key point is that deprivation of citizenship on conducive grounds is rightly reserved for those who pose a threat to the UK, or whose conduct involves very high harm. We are talking about some of the most serious cases handled by any Government. Where a loophole is identified in the processes underpinning it, it is the job of any serious and sensible Government to close it, and that is precisely what this Government will do.

Let me turn to the substance of the Bill. The House will note its brevity and narrow scope; it contains just one substantive clause, focused solely on addressing the specific issues that have already been discussed. Its primary objective is to protect the United Kingdom from dangerous people, which includes those who pose a threat to our national security. The Bill will achieve that by preventing those who have been deprived of British citizenship from regaining that status automatically when their appeal is successful, until further appeals have been determined. That will replicate the approach taken on asylum and human rights appeals; in those cases, the effect of an appeal is suspended up to the Court of Appeal and extended to appeals to the Supreme Court.

To be clear, the Bill does not change any existing right of appeal or widen the reasons why a person could be deprived of their citizenship. Should an appeal mounted on behalf of the Government prove unsuccessful, then where there is no possibility of further appeal, British citizenship would be reinstated with immediate and retrospective effect.

[Kit Malthouse]

The Minister keeps referring to a loophole in justice. I do not understand why he cannot see that “innocent until proven guilty” should apply in these cases, as in any other. The idea that my winning an appeal would not automatically mean I was innocent, as it does in every other case, seems a breach of a fundamental tenet. He is also not correct to say that the power is used sparingly. Since 2010, dozens of people have been denied citizenship on the say-so of the Home Secretary, despite there being nothing proven in court. That is what is different about these cases. This is effectively something that is done in secret, behind closed doors, without the facts necessarily being proven in any way. I have a lot of respect for the hon. Gentleman, but this is a case in which we should be even more reliant on due process, rather than trying to legislate judges out of the room, as we are trying to today.

[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.

[Sir Julian Lewis (New Forest East) (Con)]

I have come to this debate without any prior knowledge of what is proposed, so I am making this point as a result of what I have heard so far. Am I right in thinking that what the Minister particularly has in mind is people with dual citizenship who might, for example, have gone abroad to fight for a terrorist organisation, such as ISIS. There would, in such a case, be nothing forbidding us from removing their British citizenship. If they came back, even if they could be convicted of anything at all, they would be imprisoned for only a relatively short time, if at all, and then the security services would probably have to spend many years monitoring them. Is that the sort of scenario the Minister has in mind?

--- Later in debate ---

[Dan Jarvis]

I am always grateful to the right hon. Gentleman. It is. Perhaps he did not hear me make that point earlier, but I specifically said that one of the reasons for the Bill was to prevent someone who is outside the UK, and who poses a risk to our national security, from returning when a further appeal may be upheld by the Home Secretary’s decision. He is right: that is a potential scenario that we have to guard against, and the Bill will enable us to do that, just as Governments could prior to the ruling of the Supreme Court. I hope he finds that reassuring.

As I set out, deprivation is one of the most powerful tools we have in our ongoing efforts to protect the United Kingdom and its citizens from harm. For it to remain an effective part of our armoury, we need to legislate. Before I finish, I pay tribute to our world-class law enforcement and intelligence agencies. In turbulent and uncertain times, their tireless work to maintain stability and security at home has never been more crucial. They must be supported at every turn, because the safety of our country stands apart from everything else we do. It is the cornerstone of our society, and ensuring that safety is the primary purpose of everyone involved in public service, including in this House. It is a responsibility borne not just by those of us on the Government Benches, but by parliamentarians of all parties. In that spirit, I urge Members to support the Bill, which is required to preserve our national security. I commend it wholeheartedly to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

--- Later in debate ---

[Kit Malthouse (North West Hampshire) (Con)]

As I hope the Minister knows, I have devoted much of my adult life to keeping individuals, neighbourhoods, towns, cities and indeed the entire country safe, but I have to confess that I have never been entirely comfortable with the deprivation of citizenship regime. Unfortunately, his Bill, which he is trying to pass off as an innocuous correction, has sparked that sense of unease.

The reason I am uneasy is that, although the objectives that the Minister proposes are laudable, I believe that the cost to our sense of self and the corrosiveness to our sense of citizenship and to the judicial process are perhaps too high. I will not detain the House for too long, but I want to raise three points. We have covered them to a certain extent, but they are worth reiterating.

First, the Minister’s sense is that the Supreme Court has created a loophole; my view is that it has corrected an anomaly. It has long been a tenet of the protections with which the judicial process provides me as an individual that an appeal equals vindication and that it is for my accuser to appeal, on the basis that I remain innocent, even prior to the first action that is taken against me. This regime will reverse that.

The second alarming point is that the legislation is retrospective. As the hon. Member for Makerfield (Josh Simons) asked, there may be a number of cases going through the courts for which this law will have a highly prejudicial impact. The Government are effectively moving the goalposts mid-litigation to get what they want. That, again, is not something we would normally tolerate, and it is a further development of the power.

[Dan Jarvis]

I am grateful to the right hon. Gentleman for giving way. I always enjoy our debates. He says that the Government are moving the goalposts, but does he accept that we are ensuring that we have the same powers to deprive that he had when he was a Home Office Minister?

--- 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.

[Kit Malthouse]

I can imagine that situation, but I have been an enthusiastic supporter of lots of powers to protect the public from people from whom the Minister cannot remove citizenship. For example, terrorism prevention and investigation measures, or TPIMs—previously control orders—were specifically designed to put restrictions on individuals who presented a danger to the country but from whom the Government could not remove citizenship. If those measures are good enough for those people, why are they not good enough for the people on whom the Minister is conferring second-class citizenship? He must see that this legislation applies only to certain of our citizens, and that they are not the only ones who present a danger to this country.

[Dan Jarvis]

Again, I am grateful to the right hon. Gentleman for his contribution. I do not doubt that if he and I and others sat in a room and sought to design a system, we probably would not end up with the one that we have, but I hope he understands that, given the constraints on parliamentary time and the bandwidth of Government, we are seeking to go back to the position that we had a number of months ago—I know that he did not agree with it then—to ensure that we have the powers that we need so that we are best placed to respond in the circumstances that I have described.

I want briefly to come back to the hon. Member for Strangford (Jim Shannon), because I gave him an assurance that I would do so. I can say to him that a dual British-Irish national could be deprived of British citizenship and excluded by the Home Secretary. An Irish national who had been excluded from the UK would then require leave to enter. I hope that responds to his point.

This Bill, although short in length, will have an important impact on the safety of those in our nation. It will ensure that those who pose a threat to the safety and security of our country do not have their citizenship restored until all appeals have been determined. The safety and security of those in our country is the foundation on which everything else is built and, as I have remarked in this House before, for this Government nothing will matter more. With that, I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Deprivation of Citizenship Orders (Effect during Appeal) Bill: Programme

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Deprivation of Citizenship Orders (Effect during Appeal) Bill:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and on Third Reading

(2) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement.

(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(5) Any other proceedings on the Bill may be programmed.—(Martin McCluskey.)

Question agreed to.