Deprivation of Citizenship Orders (Effect during Appeal) Bill

Jim Shannon Excerpts

Monday 14th July 2025 Commons Chamber

[Lisa Smart (Hazel Grove) (LD)]

I rise to speak in support of new clause 1, in my name. As I said on Second Reading, the Liberal Democrats believe there is a need for proper reform of the entire citizenship deprivation process. A transparent and accountable system for citizenship deprivation would ensure that this extraordinary power was used only in the most extreme circumstances, was never deployed for political reasons, and was consistently subjected to thorough parliamentary scrutiny. Sadly, the Bill before us falls short of that standard.

As I also said on Second Reading, the Home Secretary’s description of this Bill as merely closing a legal loophole does not mean that its provisions should escape robust scrutiny and review—quite the opposite; any expansion of powers to deprive individuals of citizenship demands the highest level of oversight. Earlier this year, even before this Bill was introduced, the cross-party Joint Committee on Human Rights concluded that the Government’s current approach to citizenship deprivation falls short of the UK’s human rights obligations. It called for significantly greater safeguards, including stronger oversight and enhanced parliamentary scrutiny of these powers. The Liberal Democrats fully echo that call.

New clause 1 seeks to embed essential safeguards within the framework of these new powers in the same way. Specifically, the new clause would require the Secretary of State to commission an independent review of the effects of the changes made to section 40A of the British Nationality Act 1981 by clause 1 of this legislation. The review must begin within one year and be completed within two years of the passing of the Act. A report of the review must be produced and sent to the Secretary of State, who must then lay it before Parliament within one month.

New clause 1 recognises that although the Bill may appear narrow in scope, its consequences are substantial. The power to deprive someone of their citizenship is one of the most significant powers the state can wield, engaging fundamental rights and liberties. It is particularly serious given that under the current legislation, deprivation can—in some circumstances—leave an individual stateless. This is especially important in the UK, which uses citizenship deprivation orders more frequently than almost any other country. The Home Secretary already needs only to be

“satisfied that deprivation is conducive to the public good”

in order to strip someone of their citizenship—a threshold that is far too low. New clause 1 would simply ensure that any further power granted to the Secretary of State is at least balanced by proper oversight and transparency in its application.

[Jim Shannon (Strangford) (DUP)]

To be honest, I think many of us have sympathy for the hon. Lady’s new clause, but I am concerned about the security of this country, for which the Minister and the Government have responsibility. If someone contravenes that in any way or leads to any insecurity for the rest of the citizens, should they forfeit their right to citizenship?

[Lisa Smart]

The hon. Gentleman is right that one of the most serious jobs of any Government is to keep their citizens safe—I completely agree. There is, though, a need for robust scrutiny. The Government must have confidence that the legislation they are putting forward has the support of this House and of the country, including that that legislation does what they say they want it to do and does not accidentally do something else. I think the most confident legislators are those who are open, transparent and welcoming of scrutiny, so I am grateful for the hon. Gentleman’s comments.

The Liberal Democrats support amendment 1, tabled by the right hon. Member for North West Hampshire (Kit Malthouse), which would empower the courts to prevent the Secretary of State from issuing a deprivation order in cases where doing so would place an individual at risk of harm or undermine their ability to mount an effective defence, or in cases where a public authority has caused unreasonable delays in the appeals process. This is a measured and sensible proposal that places essential limits on the excessive powers currently wielded by the Secretary of State in matters of citizenship deprivation, and we will support the amendment if the right hon. Gentleman pushes it to a vote.