UK Nationals returning from Syria

Nick Thomas-Symonds Excerpts

Monday 18th February 2019 Commons Chamber

[Sajid Javid]

I thank my hon. Friend for raising the important questions that he has just put to me. He asked me about the case of Shamima Begum, and I hope he will understand that I am not at liberty to discuss the case of any particular individual. As I have just said, however, we have all seen and heard the remarks that she made in the media, and we can all draw our own conclusions.

My hon. Friend went on to ask me a number of related and important questions. He said that in some cases we can remove British citizenship. That is what I have referred to as deprivation. As I have said, the Government have done so on more than 100 occasions. If someone who has more than one nationality—British nationality plus another, or perhaps more than one other—is deemed a threat, and I consider this to be conducive to the public good, we can deprive that individual of their British nationality, and thereby prevent their return to the United Kingdom.

My hon. Friend mentioned some numbers. From the best numbers we have available, we estimate that, in recent years, 900 people who have been deemed of national security concern in some way or another went to Syria or Iraq to join terrorist organisations. Of those, we estimate that 20% have been killed in the battlefield, and around 40% have returned, leaving about 40% still somewhere in the region.

My hon. Friend asked about those who have returned in recent years. In all those cases, we would seek to make sure, first, that that individual is questioned, investigated and, where there is enough evidence, prosecuted. We would seek to manage that return, so even if they are a British citizen, we can issue temporary exclusion orders. That will remove their passport and require them to travel on a specifically issued designated travel document into a specific port of entry. At that point of entry, they are monitored by police and face a number of other restrictions. If appropriate, we can also use TPIMs to place further restrictions on them while we may or may not be waiting for prosecution. Of course, we will also work with authorities, particularly if young children are involved, to make sure they get the mental health, psychiatric and other types of help that may be necessary.

Finally, my hon. Friend rightly mentioned communities and making sure that, whatever we do, we work towards building more cohesive communities and winning the understanding of all communities, and that is something we always try to do.

[Nick Thomas-Symonds (Torfaen) (Lab)]

May I begin by joining the Home Secretary in his tribute to the late Paul Flynn? Paul was the first person to show me around the House of Commons, and he was an inspiration to me and many others in terms of entering politics. My thoughts today are with his wife, Sam, and all his family and friends.

The public have a right to protection from anyone thought to pose a threat to this country, and paramount for any Government is the security of their citizens. Will the Secretary of State confirm, first, that UK citizens are entitled to return to this country under international law, but that they should be held to account on their return for their actions?

Under international law, as the Home Secretary said, the Government cannot make people stateless, but they can sensibly take a number of practical steps to safeguard people in line with our respect for the rule of law. The designated areas offence introduced by the Counter-Terrorism and Border Security Act has received Royal Assent in recent days. The Opposition worked with the Government on developing that mechanism, which provides the legal framework to deal with the issue of returning so-called foreign fighters. However, the Government now need to designate areas to ensure that those returning face justice and due process. Is the Home Secretary considering designating parts of Syria in line with that legislation?

Recently, attention has focused on those who have travelled to Syria to join the so-called caliphate. Given that people may start to return to the UK and will face legal proceedings, I will not comment further on individual cases. However, will the Home Secretary confirm that anyone returning to this country as a UK citizen should expect to face justice for their actions, in a legal process in which our police, our prosecutors and our courts will take into account the individual circumstances of each case?

[Sajid Javid]

I welcome the questions from the hon. Gentleman. First, he asked whether UK citizens are entitled to return. So long as they are still UK citizens, they will have a right to return, but even in that case it is possible to place certain restrictions on them. In response to my hon. Friend the Member for Hendon, I mentioned temporary exclusion orders, which I have used on a number of occasions to put in place a number of restrictions by removing the passport but issuing different types of travel documents that control entry.

The hon. Gentleman mentioned the Counter-Terrorism and Border Security Act and the measures in it to combat terrorism—especially the designated areas offence. I welcome the support of the whole House for the Act and particularly for that offence. He asked whether we are looking at designated areas, and of course we are. In anticipation of the Bill becoming an Act, we had already commenced some work on that. It would not be appropriate at this point for me to say which areas we looked at specifically—for an area to be designated, it has to come before the House and it has to be the will of the House to designate that area, and I do not want to prejudge that—but it is worth pointing out that it will not be retrospective, and the House should keep that in mind.

The hon. Gentleman talked of “if and when” people start to return. As I said a few moments ago, over the last few years several people have returned, and in all such cases I can assure him that we always seek first to try to control entry and question the individual. We investigate the individual, working with the police and the security services, and where appropriate we prosecute. That has always been the case and that will not change.

If we deem someone to be a serious threat to this country and it is in the public interest to prevent them from re-entering the UK and we can do so by legal means by depriving them of citizenship, or preventing entry in the case of a non-British national, we would always look to do that.