Deprivation of Citizenship Orders (Effect during Appeal) Bill

Debate between Josh Simons and Kit Malthouse
Kit Malthouse Portrait Kit Malthouse
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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.

Josh Simons Portrait Josh Simons
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The right hon. Member is portraying the United Kingdom as an exception to a global rule in which citizenship is a straightforward binary and a right. I am of Jewish ancestry and have a right to claim citizenship in Israel, though I have not. My wife is American and our children are dual citizens, so this very much pertains to me. I gently point out that the United States has a similar regime. If a naturalised citizen in America breaks certain laws and is demonstrated to be a national security threat to the United States, they too can have their naturalised citizenship revoked. It is not accurate to paint the United Kingdom as a complete exception to a rule in which citizenship, whether by birth or by naturalisation, is treated differently by the state, by the court and by the legislature.

Kit Malthouse Portrait Kit Malthouse
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I understand the hon. Member’s point, but I am afraid that I am not interested in comparisons with the United States. I would hold us to a higher bar. We are a more ancient country that should have, as he rightly pointed out, a better developed sense of how we build a cohesive society.

I would challenge whether the United States can be held up as a paragon of virtue on societal cohesion or whether actually it is a divided country, with part of that division coming from a sense that there are first, second and maybe even third-class citizens there. At the moment, it is going through a period of challenge as to what it means to be a United States citizen. We have seen litigation under—it has slipped from my mind. It starts, “We the people”. [Hon. Members: “The constitution.”] That is the word—forgive me; a senior moment. The United States is seeing legal challenge under its constitution on precisely those grounds of what it means to be a citizen.

I do not want to detain the House for much longer, but we need to think carefully about the impact that this regime has beyond the people whom it targets. We may say of cases like Shamima Begum that what she did was completely appalling and she deserves to be punished. Obviously, the decision was taken to revoke her citizenship. I am not sure whether that was the right thing to do. I do think she needs to be punished. In many ways, I would rather she had been brought to this country, and punished and jailed here. She is nobody else’s problem but ours. As I say, by promoting this regime I think we undermine the value of what it means to be a British citizen because, once acquired, citizenship should be a right. Civis Romanus sum. It should mean something. It is not the keys to the executive lavatory, to be removed when you lose the privilege and rights of your position; it is something that you acquire that is fundamentally in you once you are in the club, and we should be wary of the wider impact if we decide to remove it.

I have one final suggestion for the Minister. I realise that I am in a minority, and the House is not going to comply; he is going to get his legislation. However, I ask him to think carefully about the value of the judiciary in this process. Would it be possible to amend the process such that, when an appeal is won by an individual and the Government wish to continue to deprive that person of citizenship, the permission of the judge should be sought for that, pending a further appeal? The Government will have to seek permission to appeal in all circumstances; I ask the Minister to consider whether they should have to seek also permission to maintain the condition of a deprivation of citizenship, as part of that permission to appeal.