Julian Huppert
Main Page: Julian Huppert (Liberal Democrat - Cambridge)Department Debates - View all Julian Huppert's debates with the Home Office
(10 years, 6 months ago)
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Dr Julian Huppert (Cambridge) (LD)
Amendment (a) is certainly a helpful move on some, if not all, the concerns, but how will the provision be interpreted? For example, if somebody who is not a British citizen leaves another country and would otherwise have claimed asylum in this one, will that factor be taken into account? Will the Home Secretary be able to take into account the idea that a country may refuse to give citizenship because we had taken away their British citizenship? How will she make it work in practice?
James Brokenshire
It may be helpful if I say that the Home Secretary will consider the relevant nationality laws of a person’s country and that person’s circumstances, and she will make a decision based on whether, under those laws, the person is able to acquire another nationality. The test is whether there is a route under the law, but she will have regard to other considerations—for example, about practical or logistical arrangements. Those considerations will obviously vary from case to case, but she will consider them in forming a view. We have reflected that in the concept of the reasonable grounds. The Home Secretary will need to be satisfied about those reasonable grounds in determining whether the proposed power can be utilised.
James Brokenshire
That is largely in the hands of the individual. When the power is exercised, it will be open to the individual to seek the citizenship of the other country. We are unable to compel them to act in that way. That goes to the heart of the problem that we have identified. It is open to the individual to seek the citizenship of the other country, so it depends on what action they take.
Dr Huppert
The Minister is being very generous; I am sure that there will be questions on later sections of his speech as well. It is possible for the Home Secretary to have reasonable grounds to believe something, but for it not to be the case. What will happen if somebody in the UK goes through the process, the Home Secretary believes that they are able to get citizenship from another country and they make a bona fide application for that citizenship, but it is turned down?
James Brokenshire
In those circumstances, the Home Secretary would have exercised her power to deprive, so the case does not relate to the specific power under discussion. Obviously, we are able to deprive somebody of citizenship, whether they are in the UK or outside the UK, under the existing powers. That is an important mechanism for maintaining national security and ensuring that the actions of an individual who may be involved in terrorism are addressed by restricting their ability to become involved in terrorism-related activity and by preventing travel that might be a key component of terrorism-related activity. That underlines the importance of deprivation as a means of addressing the very small cohort of individuals who would seek to do us harm.
Mr Hanson
The Minister says no, but the Home Secretary brought forward the proposals on 30 January on Report, after they were tabled on 29 January. We had to table a manuscript amendment on Report, which we withdrew because we wanted to take legal advice. That legal advice led to a cross-party Lords amendment, moved by Lord Pannick, to ensure proper consideration of the proposals in Committee.
The Lords amendment is reasonable. It asks for the establishment of a Joint Committee of both Houses to consider and report on the complications of the removal of citizenship and the issues raised by Members across the House. From discussions I have had with the Minister, I know he is concerned that that would lead to delay, but I hope I can reassure him. Through agreement outside this House, we could, if the Lords amendment was accepted, give a time scale to that consideration to ensure that we have detailed examination and, effectively, pre-legislative scrutiny of the proposal, so that we can take the concerns raised in another place seriously, look at what points are being made even today by Members of this House and come to a consensus on this extremely serious issue—the removal of citizenship from individuals.
I think we can come to an agreement whereby a proposal is considered and completed perhaps, dare I say it, by the summer recess. I do not want to pre-empt the Gracious Speech in a couple of weeks’ time, but it will undoubtedly include a criminal justice Bill. Measures could be introduced at that stage and looked at in detail.
Dr Huppert
The shadow Minister is talking about the process and that is very interesting, but can I press him on the Labour party’s view on the policy principle? Some of us, including some Labour Members, voted against the measure on principle. He says that it may be a positive thing to have this sort of deprivation. His party abstained, with Whips quite forcefully stopping people voting. What is the Labour party’s position on the principle at stake?
Mr Hanson
If the hon. Gentleman will allow me, I will come on to that point in a moment. We abstained on 30 January because we wanted to ensure that we gave proper consideration to this matter, and we supported the amendment in another place to ensure that we did consider this matter. My noble Friend Baroness Smith of Basildon signed the amendment before the House today. We want to support the amendment today and return it to the Lords.
The Labour party and my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) will not do anything that puts the security of the United Kingdom at risk. I want to ensure that we do not remove citizenship without a proper right of appeal. I want to ensure that people know the grounds of that removal of citizenship and that the consequences are considered. I want, with the Minister, to tighten up how the Government intend to exercise that power. How do the Government intend to ensure that what is “reasonable” is deemed to be reasonable? I want to give the Minister the opportunity to explain that. This is a serious matter that needs proper parliamentary scrutiny. We have had a very short time in another place and one day in this House to consider this matter. We need to look at it in much more detail and we need to take evidence. A large number of people outside this place have raised concerns and we need to ensure, and not just in one-and-a-half hours, that the Minister justifies the opportunity and practice over a period of time.
Fiona Mactaggart
I will be brief. I spoke in 1997 in the debate on the formation of SIAC, and I was wrong. I thought that the changes that were being made from the previous system were sufficient to protect people who are accused of terrorism. I reminded the House then that the previous arrangements had been used against not just people who wanted to blow up our country but journalists and others such as Mark Hosenball. One reason why we need to have a publicly accountable system, as mentioned by the hon. Member for Aldridge-Brownhills (Sir Richard Shepherd), is that, without it, there cannot be a guarantee that a Home Secretary will not end up doing the same again.
I said in the debate about the formation of SIAC that transparency is the most effective protection against terrorism. I am really concerned that this arrangement not only risks creating statelessness but depends on a grossly untransparent system. I think that we should adopt the route that the Lords has offered us: yes, it is kicking the can down the road, but it is stopping and thinking so that the can is not mashed, thus destroying the reputation of our country.
Dr Huppert
It is a pleasure to follow the hon. Member for Slough (Fiona Mactaggart). I pay tribute to her for her acceptance that SIAC was an error and a big problem. Indeed, it is rare in this place for any of us to admit making a mistake. The encroachment of secret justice started with that commission and has continued in a number of other ways.
In the interests of time, I will not go through all my concerns. I have expressed them on a number of occasions in debates in the main Chamber and in the Home Affairs Committee and in discussions with the Minister. The reasons for my concerns remain the same, which is why I was proud to oppose the measure when we discussed it previously, and acted as a teller for the other side. It is a shame that more people did not join us, and I pay tribute to those who did, especially those Labour Members who braved the wrath of their Whips to fight their way into the Lobby, where we saw some interesting rows. It is also interesting to see people who voted for it on that occasion now opposing the principle. I still oppose the principle. There has been much more debate, both in the other place and on the Home Affairs Committee, which has helped to clarify how the measure might work. The Select Committee’s report on counter-terrorism is due out shortly, and I hope the Minister will look carefully at what it says. Obviously, I cannot presage its comments on anything, but I am sure that he will be interested to see it.
There are many issues relating to what happens if somebody is stateless in this country. If we end up leaving someone stateless because they cannot get the passport that we thought they could apply for, we have taken somebody who is apparently dangerous to us and prevented them from leaving the country. That does not seem a great success to me. There is also the issue about what happens if they are overseas. It also fosters the idea of two classes of citizen—people whose citizenship can be taken away without them being convicted of something and those who cannot have it taken away. It is about how the legal process works and much, much more.
In the interests of time, let me talk about the Government concessions, which I welcome. They are a step in the right direction, but they do not go far enough for me. There are two of them. I welcome the concession about the independent reviewer, and I was pleased to hear the Minister imply that it may be the independent reviewer of terrorism legislation, for whom I have huge respect. I would be more encouraged if he, rather than others, was taking on the role. I understand that no decision has yet been made. Will the Minister clarify whether the reviewer will look at specific cases, or just the overall process? Will they be able to trigger a review if a particular case has gone wrong? Will they have full access to all the information that SIAC has? If the independent reviewer does not have all that information, it will be hard for them to make a proper judgment.
Let me turn to the other amendment about reasonable grounds for belief. I welcome this step, because it addresses the key issue of avoiding statelessness. We should all be very concerned to avoid anything that will leave people stateless. My concern is about how certain we are. It was helpful to hear the Minister say—I ask him to correct me if I misquote him—that if someone wanted to claim asylum from a country, that would be deemed to mean that the Home Secretary could not act. If it was not possible to get the citizenship without travelling and the person was stuck in this country, that would be an issue.
I am still concerned about the appeal rights and about what will happen if the Home Secretary makes an error. What will happen if she acts reasonably, but it turns out that she is wrong and someone cannot get citizenship? That would be very alarming and I hope that the Minister will consider the issue and perhaps even tighten this up in the other House.
James Brokenshire
The administrative review process is already effective in identifying and correcting caseworking errors. From April to December 2013, 93% of these administrative reviews were completed within 28 days, and 21% of the administrative reviews requested resulted in the original decision being overturned. This shows that the review process can provide an effective way of correcting errors, and it does so in a speedy and efficient manner, so that periods of uncertainty are addressed. I do not think it does anyone any good to have long and protracted periods of uncertainty. Indeed, we are in the perverse position of having 17 rights of appeal, which are being reduced to four, to ensure that matters are dealt with effectively and appropriately, supplementing the administrative review process outlined in the Bill.
The Bill also requires landlords to check the immigration status of their tenants. That is dealt with in Lords amendments 12 to 15. The scheme includes statutory codes of practice giving the technical detail of how it operates. Lords amendments 12 to 15 address concerns of the Delegated Powers and Regulatory Reform Committee to ensure that those codes have parliamentary oversight.
Lords amendments 25 to 28 deal with student accommodation. The Bill already excluded some student halls of residence from the proposed landlord checking requirement. We concluded that there was scope to go further and broaden the exemption for student accommodation. Educational institutions already have a duty to check the immigration status of their international students, and we do not want there to be double-checking of these persons. The changes therefore strike a sensible balance and minimise regulatory burdens on higher education institutions.
Lords Amendments 17, 35 and 36, which were proposed by Lord Avebury in the other place, correct an historical anomaly relating to the treatment of illegitimate children. Nationality law is complex, and anomalies arise, particularly as aspects of family life have changed since the time of the British Nationality Act 1981. In 2006, amendments to the 1981 Act enabled illegitimate children to inherit nationality from a British father in the same way as a legitimate child. Those amendments were not made retrospective. To have done so could have itself caused problems for individuals who were now adult and had made a life for themselves in a different nationality. These amendments enable illegitimate children born to British fathers before 2006 to register as British if they choose to do so, correcting a historical anomaly by providing a route to citizenship for those who want to take it.
Dr Huppert
I thank the Minister for the Government’s support for these amendments, which I tried to put in the Bill but encountered some technical difficulties. Will he join me in paying tribute to those who campaigned for many years to get this injustice changed? People such as Tabitha Sprague, Antonia Fraser Fujinaga and Maureen Box tried very hard, and the many thousands affected by this will be delighted that the Government are now fixing it.
James Brokenshire
I recognise those who have made the case for this change for some considerable time, and I am pleased that the Government have been able to support these amendments in the other place. I hope that this House will be equally able to support them here. It is important to recognise that they have addressed an historical anomaly and now allow that opportunity to the individuals affected of a route to citizenship that was not available to them before.
Mr Hanson
My right hon. Friend makes a valuable point. As I said at the beginning, the vote was 282 to 184 in favour of the proposal. If we reject the proposal today, we are left with no proposal. We are left with a promise of a pilot and a Bill after the Gracious Speech, following the scrutiny rightly given to it by my right hon. Friend.
Dr Huppert
A few of us are slightly confused about the procedure, and the right hon. Gentleman has been here longer than I have, so perhaps he could help us. If the House were to accept the Lords amendment, the Lords would not discuss this again; whereas, if we rejected it, the Lords would have the chance to discuss it. Regardless of merit, is that not the right way round?
Mr Hanson
That is the right way round. The Lords expressed a clear view on the matter. The Lords will be able to examine the Government’s proposal when the Modern Slavery Bill comes forward. But we have a clear template today, and I want to see that enacted. If the Government accept this today, the proposal is a clear template. We have a number of proposals from Baroness Butler-Sloss, and I have gone through them today.