Immigration Bill

Debate between Mike Thornton and Baroness May of Maidenhead

Thursday 30th January 2014 Commons Chamber

[Mike Thornton (Eastleigh) (LD)]

One of the things that concern me is the definition of “seriously prejudicial.” If we look up “prejudice” in the dictionary, we see that it just means something we have decided before, so “seriously prejudicial” could be anything a Home Secretary liked. I am absolutely convinced that the present Home Secretary would never in any way abuse that power, but how do we know what will happen next week, next month, in two years’ time, or in five years’ time? A Home Secretary will be able to use a term that is so vague and has so little meaning that they could strip someone of any citizenship, leaving them stuck in this country with no ability to work, receive benefits or do anything at all, simply because of a definition that is pretty much meaningless.

[Mrs May]

I think that the concept of something that is seriously prejudicial to the interests of Her Britannic Majesty—to the interests of the United Kingdom—will be understood. There will of course be an opportunity for a review of that through a court process—a judicial review—so the definition would be tested. My hon. Friend might not choose to rely on the abilities or understanding of future Home Secretaries, but I hope that he will see that there is a further safeguard.

I wish to reiterate—this is an important point—that that is the position the United Kingdom had prior to 2003, when the law was changed. It is the position that we are required to have under the United Nations convention. All that we are doing is returning our position to the scope of our declaration under that convention. It goes no further.