Deprivation of Citizenship Orders (Effect during Appeal) Bill

Lisa Smart Excerpts

Committee of the whole House
Monday 14th July 2025 Commons Chamber

[The Chairman]

I call the Liberal Democrat spokesperson.

[Lisa Smart (Hazel Grove) (LD)]

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 (Strangford) (DUP)]

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]

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]

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]

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]

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]

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.

[The Chairman]

I call the shadow Minister.

Oral Answers to Questions

Lisa Smart Excerpts

Tuesday 8th July 2025 Commons Chamber

[Alex Davies-Jones]

I place on record my thanks to all the brilliant victim support services that do tremendous work in incredibly difficult circumstances to ensure that victims get the support they need to stay engaged with the criminal justice system. We have protected dedicated Ministry of Justice spending on victims of violence against women and girls by maintaining the 2024-25 funding levels, ringfenced sexual violence and domestic abuse support for this year, and commissioned a 24/7 rape and sexual abuse support line, providing victims and survivors with access to vital help and information whenever they need it. We are carefully considering how best to allocate the current budget from the spending review to look specifically at VAWG alongside other departmental priorities.

[Lisa Smart (Hazel Grove) (LD)]

T8.   My constituent Andy from Offerton often plays a caring role for his adult son, as his son has serious mental ill health. During his son’s recent stay in prison, Andy struggled to get quality information from the prison about his son’s health situation and living conditions. What more will the Government do to ensure that parent carers such as Andy get the information they need and deserve during a child’s stay in prison?

[Sir Nicholas Dakin]

The hon. Lady is right: it is important that parent carers get the information they need that helps with rehabilitation and getting things to the right place. If she wants to write to me about that particular case, I will look into it and write back to her.

Oral Answers to Questions

Lisa Smart Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Shabana Mahmood]

We have already got off to a good start in the deportation of foreign national offenders from our prisons. The new funding will enable more caseworkers to speed up the removal of even more FNOs. I am very pleased that we have seen a higher number deported this year compared to the previous year, when the Conservatives were in office.

[Lisa Smart (Hazel Grove) (LD)]

A British mother in my constituency, having fled domestic abuse, faces forced return to Poland to stay with her young children under the Hague convention on the civil aspects of international child abduction. With no knowledge of the local language and no source of income there, she risks either dependence on her abuser or homelessness. That is because the convention ignores the issue of domestic abuse, allowing it to be manipulated by abusers. Would Ministers support my Bill on the Hague abduction convention and domestic abuse, which I will present soon and which would change the implementation of the Hague convention in UK domestic law to protect mothers from the threat of return in this way?

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I will happily meet the hon. Member to discuss her Bill and tackle this issue head on.

Oral Answers to Questions

Lisa Smart Excerpts

Tuesday 28th January 2025 Commons Chamber

[Sir Nicholas Dakin]

I am deeply saddened by this tragic crime, and my thoughts and, I am sure, those of everyone else go to the family of Leo Ross. Such horrific events underline just how important it is to deliver our manifesto commitment to ensure that every young person caught in possession of a knife is referred to a youth offending team and that appropriate action is taken. We are also piloting a new, more robust form of community punishment for children, involving mandatory GPS monitoring and intensive supervision.

[Lisa Smart (Hazel Grove) (LD)]

17. What steps she is taking to reduce processing times for deputyship applications by the Court of Protection.

[The Minister of State, Ministry of Justice (Sarah Sackman)]

Applications for deputyship to the Court of Protection play a vital role when people need to be able to make decisions for loved ones who lack capacity. It is important to support those people through prompt and efficient processes. His Majesty’s Courts and Tribunals Service has been implementing an improvement plan, driving down waiting times by recruiting more staff, enhancing judicial capacity, digitising application forms, and implementing a new case management system.

[Lisa Smart]

One of my constituents has contacted me to ask why he has been waiting nine long months for a decision from the Court of Protection on his deputyship application. He needs to secure the deputyship in order to make crucial decisions for a vulnerable loved one. Another constituent, in a similar position, waited for two months without any acknowledgement that his application was being looked into. Their experiences are not unique; solicitors and judges alike acknowledge the systemic delays plaguing the system. Does the Minister agree that such long delays in processing times are unacceptable, and what does she think is acceptable?

[Sarah Sackman]

I agree with the hon. Lady that such delays are not acceptable, and I am sorry to hear of the distress that this will have caused. It is right that we continue to invest in our improvement plan and continue to see progress with digitisation. Digitising the application forms is a first step, but we want to see end-to-end digitisation, which we know is resulting in decent progress and has sped up those times over recent months. There is more to do, and we shall do it.

--- Later in debate ---

[Sarah Sackman]

That case of that little girl, Sara Sharif, is one of the most tragic of recent times, and I know that that view is shared right across the House. That is why a safeguarding review is under way to look at all the agencies that were involved and should have been protecting that little girl from those who ended up killing her. We are looking at the presumption: there is a review, and we will consider the findings of that review and publish our response in due course.

[Lisa Smart (Hazel Grove) (LD)]

My constituent, who is a British citizen and the mother of two young children, faces the prospect of being forced to return to Poland to accompany those children under the Hague convention on the civil aspects of international child abduction, having fled escalating domestic abuse. If she does, her inability to speak the language or work will leave her entirely dependent on her abuser, even though he is barred from contacting her. Will the Minister work with me to ensure that domestic abuse is explicitly recognised as a valid defence against return orders of this type?

[Sarah Sackman]

I thank the hon. Lady for her question, and I invite her to write to me about that specific case, which sounds like it throws up a very difficult set of factual circumstances that I would like the opportunity to consider.