Deprivation of Citizenship Orders (Effect during Appeal) Bill Debate

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Department: Home Office

Deprivation of Citizenship Orders (Effect during Appeal) Bill

Lisa Smart Excerpts
2nd reading
Monday 30th June 2025

(1 month, 3 weeks ago)

Commons Chamber
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Lisa Smart Portrait Lisa Smart (Hazel Grove) (LD)
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The United Kingdom employs deprivation of citizenship orders more frequently than almost any other country in the world. While it is right, of course, that the Government should have the means to protect national security, both the current legislative framework and the Bill before us lack adequate provisions for transparency in and systematic oversight of when, why and how the Secretary of State exercises the power to deprive individuals of their citizenship.

The Bill is designed to ensure that if the Government take away someone’s British citizenship, that person stays deprived of that citizenship while any appeals against the decision are ongoing. In practical terms, if the Government deprive someone of their citizenship and that person appeals, the deprivation order remains in effect through the entire appeal period, meaning that even if that person wins an initial appeal, they will not get their citizenship back until all possible appeals from the Government—up to the highest courts—are finished, or the time limit for the Government to appeal has passed.

The Home Secretary has described the Bill as a necessary step to close a legal loophole—a description that has caused some debate already this evening. However, even if it is a loophole, that does not mean that these provisions deserve any less scrutiny. The power to deprive an individual of their citizenship is an exceptionally significant one, which in any democratic society should be exercised only in the most limited and extreme circumstances, and should be subject to rigorous oversight by Parliament.

We need to see proper reform of the whole citizenship deprivation process, not a piecemeal approach like we are seeing today. That principle has underpinned Lib Dem policy on the deprivation of citizenship since 2019, when it was most recently updated. At that time, our party leader, my right hon. Friend the Member for Kingston and Surbiton (Ed Davey), set out clear and just principles that should govern its use: deprivation of citizenship should occur only in the most extreme circumstances, its use must never be political, and the legislation conferring this power must be used with transparency and should be the subject of continuous and meaningful parliamentary scrutiny.

The concerns about transparency have been echoed by the Joint Committee on Human Rights, a cross-House and cross-party body. Earlier this year, it informed the Government that their current approach to the deprivation of citizenship falls short of the UK’s human rights obligations. The Committee called for significantly greater oversight of powers, including periodic independent reviews of their use and regular reports to Parliament.

The current regulations on the deprivation of citizenship already place far too much power in the hands of the Secretary of State. The requirement that the Home Secretary be

“satisfied that deprivation is conducive to the public good”

is too low a bar for the deprivation of citizenship. The Liberal Democrats would therefore confine the power to deprive naturalised citizens of citizenship only where their citizenship has been obtained through fraud, false representation or concealment of material fact, or where they have done something seriously prejudicial to the vital interests of the United Kingdom and deprivation of citizenship is a proportionate response to such conduct and necessary for the national security of the United Kingdom. Furthermore, we are firmly of the view that no individual should be rendered stateless by the Government’s actions except in cases in which British citizenship was acquired by misrepresentation or fraud.

The powers conferred by the Bill will transfer even greater authority to the Secretary of State. It is therefore essential that those powers be subjected to ongoing rigorous scrutiny. I would welcome further details from the Minister about the plans to ensure such oversight. For example, will the Government consider reforming the deprivation of citizenship process to require the Secretary of State to apply to a court for permission to make a deprivation order, thereby obliging the Secretary of State to demonstrate that all the proper requirements have been met? Will they commit to publishing annual reports detailing the use of deprivation of citizenship powers, and to facilitating a review of the exercise of these powers by the independent reviewer of terrorism legislation at least once every three years? Finally, will the Minister confirm whether the Government intend to ratify the 1997 European convention on nationality, thereby introducing an additional layer of international scrutiny of the UK’s use of these powers, particularly where there is a risk of rendering an individual stateless?

The power to deprive individuals of their citizenship engages fundamental rights and must be exercised with appropriate safeguards, transparency and oversight. Deprivation of citizenship must be the strict exception, never the norm. The Bill risks further concentrating excessive power in the hands of the Executive with too few safeguards to prevent error or abuse. The Liberal Democrats will continue to press for reforms that ensure transparency, judicial oversight and proper parliamentary scrutiny.

Deprivation of Citizenship Orders (Effect during Appeal) Bill Debate

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Department: Ministry of Justice

Deprivation of Citizenship Orders (Effect during Appeal) Bill

Lisa Smart Excerpts
Nusrat Ghani Portrait The Chairman
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I call the Liberal Democrat spokesperson.

Lisa Smart Portrait Lisa Smart (Hazel Grove) (LD)
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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 Portrait Jim Shannon (Strangford) (DUP)
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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 Portrait Lisa Smart
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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.

Kit Malthouse Portrait Kit Malthouse
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To refer back to the intervention by the hon. Member for Strangford (Jim Shannon), would the hon. Lady be interested to comment on this point? My understanding is that, under the terms of the Good Friday agreement, every UK citizen resident in Northern Ireland has a right to claim Irish citizenship. This Bill in effect means that every UK citizen resident in Northern Ireland can be deprived of their citizenship—have it removed by the Home Secretary—if that is conducive to the public good. That is another example of a whole group of people who would have a second class of citizenship.

Lisa Smart Portrait Lisa Smart
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I have listened very carefully to the right hon. Gentleman’s comments this evening and on Second Reading, and I have a great deal of respect for him and the way he lays out his arguments. I am very much looking forward to the Minister’s comments from the Dispatch Box shortly.

Bell Ribeiro-Addy Portrait Bell Ribeiro-Addy
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Further to the intervention by the right hon. Member for North West Hampshire (Kit Malthouse), is the hon. Member aware not only that Commonwealth countries allow people to claim citizenship from the birth of their parents or grandparents, but that some countries—notably Ghana and Kenya—specifically allow people to claim citizenship purely by being of African heritage, because they may not be able to trace their lineage due to enslavement?

Lisa Smart Portrait Lisa Smart
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I am very grateful to the hon. Member for those comments. We Liberal Democrats believe that the whole deprivation of citizenship regime needs fundamentally looking at and reviewing, and we would welcome any co-operation across the House with hon. and right hon. Members who want to work with us on that.

The Liberal Democrats are clear that deprivation of citizenship must remain an absolute exception, and never be a routine tool of Government policy. New clause 1 would provide the necessary guardrails to help ensure this remains the case, even as further powers are placed in the Secretary of State’s hands. Ultimately, the integrity of British citizenship and our commitment to fundamental rights must never be compromised by practicality. New clause 1 would uphold those principles and ensure that such a grave power was exercised only with full accountability and the closest scrutiny of this Parliament.

Nusrat Ghani Portrait The Chairman
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I call the shadow Minister.