Shamima Begum and Other Cases

Joanna Cherry Excerpts

Monday 11th March 2019 Commons Chamber

[Sajid Javid]

The first point that my right hon. and learned Friend raised was on citizenship. Again, to make it clear, under international law it would clearly not be possible for the British state to remove British citizenship from anyone unless the Home Secretary who is making that decision is satisfied, based on expert advice, that that individual will not be left stateless, so he is right to make that point about international law.

On the security implications that my right hon. and learned Friend asked about, clearly there is a balance that needs to be met. The primary objective should be the safety and security of all those who live in the United Kingdom. That should be the overriding concern, based on expert advice and expert intelligence about what is necessary to protect British citizens. There is a case for more co-operation with our international partners because, as I mentioned earlier, they face many similar challenges. It is something that I discuss regularly, especially with our European partners—I discussed it just last week in Brussels with some of them—and that we are trying to get better co-ordination on so we can better manage some of the joint threats that we face.

[Joanna Cherry (Edinburgh South West) (SNP)]

Save the Children said that the death of this innocent, newborn baby was an “avoidable tragedy”, and I still have not heard any satisfactory explanation from the Home Secretary as to why the Foreign Secretary said that it would be too dangerous to have brought this baby to safety, when many journalists have visited the camp that the child was in on numerous occasions. I also gently say to the Home Secretary that I am sure that some of these women who were “married” to jihadi fighters did not have much choice in the decision about whether to have children or not. I do not think those fighters were too interested in a woman’s right to withhold consent to sex, never mind women’s reproductive rights.

Last time I raised this matter, the Home Secretary was very stung by my criticism and suggestion that revoking Ms Begum’s citizenship might have been contrary to law, but in the meantime, many other lawyers, in addition to the right hon. and learned Member for Rushcliffe (Mr Clarke), have pointed out that the basis of his decision is questionable, because it seems quite clear that Ms Begum has no right to Bangladeshi citizenship. There are claims that the Home Secretary did not consult either the Attorney General or the Solicitor General before making his decision—something that could leave him vulnerable in the event of a legal challenge. Will he tell us whether these claims are accurate, and will he refrain from retreating behind the argument that the case is sub judice, as you have already explained to him, Mr Speaker, that that is not the case?

Other countries, including the Republic of Ireland, that are faced with this situation are not depriving their citizens of citizenship, but are taking responsibility for citizens radicalised on their watch, rather than dumping them on poorer countries whose security arrangements are already strained to the nth degree. Finally, in the camps and hospitals of northern Syria, there are many more innocent children who are not British citizens. The Kurdish authorities need more help to deal with these families and these innocents fleeing Daesh. What discussions has the Home Secretary had with his Foreign Office counterparts in respect of that humanitarian aspect of the situation?

[Sajid Javid]

The hon. and learned Lady suggests that because journalists are getting into Syria—into some of the camps—that it is perfectly safe, then, for British officials to enter. She will know, first, that that is a decision for journalists to make. She will also know that, thankfully in most cases—even in war zones—journalists have some degree of protection. If it was a British official, it would be a very different category of risk, and I know that she would recognise that.

The hon. and learned Lady also made a reference to women foreign terrorist fighters. All I would gently urge is that no one should make a judgment on the threat that a foreign terrorist fighter poses to our national security based on their gender. That would be entirely wrong.

The hon. and learned Lady has also questioned the legality of such decisions. As I have said—I am happy to repeat it—these decisions are never taken lightly and are based on both expert security advice, intelligence advice and legal advice. As to the last part of her question, the Minister for the Middle East, my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), will be making a statement later in which he will cover that point.