Deprivation of Citizenship Orders (Effect during Appeal) Bill

Lord Carlile of Berriew Excerpts

2nd reading
Tuesday 14th October 2025 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, it is always a pleasure to follow my noble friends who have just spoken, though I do not agree with them altogether. I had prepared a much longer speech, but I do not think it is necessary, so I will make just a few points.

First of all, my noble friends are much too pessimistic and are not actually exercising the role which we have today—I respectfully include an old friend of mine, the noble Lord, Lord German, in the same comment. My observation of the law relating to the deprivation of citizenship is that it is extremely valuable that the decision is made by the Home Secretary herself. She will be advised in a proper way and will ensure that the advice is properly given.

The decision we make is about the situation we are in today; it is not about some future in which a malign Home Secretary might come into existence. I do not think it is right for us as legislators to take that view of the future, unless there is hard evidence of imminence of such a person being appointed. We can rely on our courts and on the separation of powers to protect us from that kind of situation, and indeed on lawyers such as my noble friends to be part of that protection. The legal process by which these orders are tested through the court system is extremely rigorous. SIAC has the advantage of having special advocates who have access to all the relevant material upon which the case is decided. The appellate courts act likewise, and we can be confident that courts will provide protection.

On the essence of the Bill, it is extremely important that national security should protect us from those people who have been deprived of their citizenship. That is what the Bill is about in the here and now, and in broad terms at least I fully support that aim.

As to my noble friend Lord Anderson’s question about whether we should improve the test from “conducive to public good” to a more strict test, I would like to hear the Minister’s response to that. We might improve the law during the course of the Bill’s passage by such a change, if it can be drafted.

I agree that the Independent Reviewer of Terrorism Legislation should be inserted into this process. There are two of us here who have been Independent Reviewer of Terrorism Legislation, and I can see it being something that the independent reviewer could do easily.

My noble friend Lord Verdirame made some comments about the increase in the number of cases in which citizenship deprivation orders have been made. This is actually over the period when I was Independent Reviewer of Terrorism Legislation and the period since. That is nothing to do with me—it is just a consequence of the change in terrorism and the change in the cases that we have had to face up to. It is no surprise to me that there is a need for a greater number of deprivation orders in 2025 than there was in 2007. I am afraid that that is an evolution of the very unpleasant effects of terrorism.

As for the situation with children, I would like the Minister, if he would not mind, to explain to us again the protection that children have during the period when appeals are pending. In principle, I am afraid I can see no reason why we should change an old existing situation in which there is no birthright to British citizenship applicable to children who happen to be born there. Some countries have that birthright; some countries—I can name one in the European Union—have that birthright if the father was a citizen of that country but not if the mother was a citizen of that country. There are all sorts of laws dealing with the nationality of children. I see no reason to change our law, particularly under the particularity of this Bill.

Broadly, I support the Bill. We should get it through this House as quickly as possible, so we can ensure that the measure intrinsic in it is able to protect our citizens as quickly as possible and as well as can be done.