Deprivation of Citizenship Orders (Effect during Appeal) Bill

Debate between Julian Lewis and Kit Malthouse

2nd reading
Monday 30th June 2025 Commons Chamber

[Kit Malthouse]

The Minister is quite right—not that I ever exercised those powers. But as I said, in my view the Supreme Court has corrected an anomaly that the previous Government took advantage of. Yes, absolutely, hands up, they did—I am not saying that is correct. He is proposing that in the face of a Supreme Court decision that he does not like, he will change the law to say that the court was in effect wrong and that the fundamental right on which the Supreme Court has decided—we should not forget that the courts basically decide our rights within the legal framework—is somehow not to be tolerated.

[Sir Julian Lewis]

I have some sympathy with my right hon. Friend’s argument, but surely the effect of this change will kick in only if, in the end, the Government’s appeal succeeds. Therefore, it will be the case that the court previously was wrong; otherwise, the Government’s appeal against its decision will not succeed.

[Kit Malthouse]

My right hon. Friend is exactly right. However, it does mean that the state can render someone stateless by inaction, because it can take many years for cases to work their way through the courts. It is also, as I said, highly prejudicial, because it means that for the duration of the legal action that person will not be able to come to the UK and therefore will have to litigate from outside our borders.

[Sir Julian Lewis]

I grateful to my hon. Friend for giving way again. As I said in my first intervention, I am new to this whole debate, but I thought I heard from the Minister that the idea was for this measure to stand only until the Government appeal was resolved or the Government ran out of time to appeal. How long would that period be? I do not see how that would put things off for the inordinate amount of time that my right hon. Friend suggests.

[Kit Malthouse]

As I am sure my right hon. Friend knows, there are various layers of appeal that can be taken, right up to the Supreme Court. The Bill says that, throughout that period, as long as the Government continue to pursue appeals, the person remains deprived of their citizenship, rather than what the Supreme Court is saying, which is that if the person wins any one of those appeals, they immediately become in effect innocent, and their citizenship is restored as if it was never removed in the first place. That is in the same way as if, were I accused of a crime and found innocent and the prosecutor decided to appeal my conviction, I would remain innocent until that appeal was heard and decided against me. If it were appealed beyond that, I would remain innocent then still.

The Government are attempting to revert to the erroneous situation as determined by the Supreme Court. In my view, they are moving the goalposts on an individual who frankly seems to have won a case fair and square in our highest court in the land.

Finally, I want to raise a more fundamental issue about this entire process. Call me an old romantic, but my view is that once you are a citizen, you are a citizen. Once you are in, you are in. Unfortunately, the development of this power over the last however many years since the 1981 Act, which brought it in, has created two classes of citizens in this country.

My hon. Friend the Member for Gordon and Buchan (Harriet Cross), who spoke for the Opposition—she is no longer in her place—said, “citizenship is a privilege, not an unconditional right.” That is not true. It is an unconditional right for me as a freeborn Englishman of two English parents going back I do not know how many years. I have no claim on citizenship anywhere else. It is my absolute, undeniable, unequivocal right to have citizenship in this country, and it cannot be removed from me by any means whatsoever. That is not true of my children. I am married to a Canadian citizen, so they have a claim on Canadian citizenship. If the Home Secretary so decides, they could have their citizenship removed. That is also true of every Jewish citizen of the United Kingdom, who has a right to citizenship in Israel. There will be millions of British people of south Asian origin who feel that they have a second-class citizenship.

This law applies only to certain of our citizens. It does not apply to me. I do not know whether it applies to you, Madam Deputy Speaker. Perhaps it is making other hon. Members think about whether it applies to them.

While the Minister has been clear that we should trust him and has given us lots of undertakings, we do not make the law on the basis of a Minister we like, trust and respect; we make it on the basis that the law might fall into the hands of somebody we are not that keen on and who may be more cavalier with the powers bestowed upon them. As the hon. Member for Hazel Grove (Lisa Smart), who spoke for the Liberal Democrats, said, we are a country that uses this power disproportionately more than any other western country. We have been free in our use of it, despite the fact that Minister after Minister has stood in the House and said, “We use it sparingly.” We do not. Dozens and dozens of people have been excluded, and we have to be honest about why. Sometimes it has been for safety, but sometimes, on balance, it has been to please the papers—because it looks good and plays well. We never ask ourselves about the cost of that to our sense of cohesion.

The hon. Member for Makerfield gave a lyrical and poetic view of citizenship, but if a large proportion of our fellow citizens believe that they have a second class of that citizenship—if some can say, “I am undeniably and unchallengeably a citizen, but you are not, so watch yourself”—what does that do to society?