Nationality and Borders Bill

Lord Marlesford Excerpts

Lords Hansard - Part 1 & Report stage
Monday 28th February 2022 Lords Chamber

[Lord Marlesford (Con)]

My Lords, I support the amendments from the noble Lord, Lord Anderson. I think that the way this matter has been handled reflects extremely well on the flexibility and the detailed application of the minds of Members of your Lordships’ House in dealing with very great problems, especially when these problems are new and have recently arisen.

I was struck by the words of my noble and learned friend Lord Mackay of Clashfern, when he referred to the fact that when the 2011 Act was passed, he could not have imagined the need for these arrangements. Let us be aware that the thing that is new is the creation of a new political body, which has nothing do with religion, the Islamic State. It claims the ability to grant citizenship and demands loyalty but also—by definition, because it believes in theocracy rather than democracy, and the theocracy itself is an aberration with little to do with the noble aspects of Islam—believes in something that puts its members in permanent enmity with this country. They deny the right of other states to exist, which is why, of course, we should be taking steps to defend the realm against the possibility of such people using citizenship for the destruction of this country.

[Lord Paddick (LD)]

My Lords, although at first glance it would seem reasonable for the Home Office not to have to give notice to a terrorist overseas that they were being deprived of their British citizenship, it of course means that there is no effective right to appeal, as the subject would be unaware of the decision. We have also seen cases where the Home Office could have given notice, even to the last known address or by email, and chose not to. The increase in the use of this power needs to be reversed.

The amendments proposed by the noble Lord, Lord Anderson of Ipswich, seek to introduce a range of judicial oversights, would remove the subjective element of the decision and tighten the grounds on which a deprivation of citizenship order may be made without notice to the person concerned. Others would strengthen the test for making such a decision; ensure, if the person concerned contacts the Home Office, that he is told what has happened and that he has a right of appeal; and allow the Special Immigration Appeals Tribunal to oversee such decisions. Any time limit on appeal would start when the subject is notified.

I understand that a government Minister would have signed these amendments from the noble Lord, Lord Anderson, had they not been out of time—the deadline for tabling government amendments being several days before that for other amendments. I pay tribute to the noble Lord, Lord Anderson, for the time, effort and ingenuity he has brought to bear in bringing forward such a comprehensive suite of amendments that could arguably halt, if not throw into reverse, the current practice by the Home Office increasingly to use this power to deprive citizenship without notice. We wholeheartedly support these amendments.

However, were the House to divide on taking Clause 9 out of the Bill, we would, along with the right reverend Prelate the Bishop of Chelmsford, support that Division. At the end of the day, the Government should be taking ownership of the actions of British citizens, including terrorists overseas, ensuring, wherever possible, that they are extradited to the UK to stand trial, rather than depriving them of British citizenship, preventing them returning to the UK, and making them some other country’s problem, whether with notice or not. However, while therefore agreeing with much of what the noble Baroness, Lady Bennett of Manor Castle, has said, we are unable to go so far as to support her amendment, as there could be exceptional cases where, as a last resort, citizenship should be removed.