Nationality and Borders Bill

Richard Graham Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Bambos Charalambous]

My hon. Friend makes a very good point. This measure will clearly affect people who have other citizenships available to them, because it is unlawful to deprive someone of citizenship and leave them stateless. Clause 9 is about people’s citizenship, identity and, ultimately, rights; without citizenship, people do not have rights, and that leaves them without an identity or a sense of belonging.

[Richard Graham (Gloucester) (Con)]

Will the hon. Member give way?

[Bambos Charalambous]

I will give way one last time, but I need to make progress; otherwise, there will be very little time for anyone else to speak.

[Richard Graham]

I am grateful to the hon. Member. He is a reasonable man, so I am sure that he will agree that when it comes to sensitive issues, such as the very small number of people whose nationality may be revoked by the Home Secretary, as has been possible for the past 100 years, it is incredibly important that they are not the subject of rather embarrassing scaremongering, such as that being done by the hon. Member for Bradford East (Imran Hussain). Will the hon. Member for Enfield, Southgate (Bambos Charalambous) confirm at the Dispatch Box his clear understanding that when someone has a single nationality, they cannot have their nationality revoked and be sent abroad, as the hon. Member for Bradford East has implied?

[Bambos Charalambous]

Many people have dual nationality in the UK, and those are the people who are in fear of the measure being introduced. I will now make progress.

The clause not only represents a total disregard for justice and the rule of law, but also says to certain British citizens that despite their being born and raised in the UK, their rights will always be precarious and subject to change, because, in the words of the Home Office,

“British citizenship is a privilege, not a right.”

The consequences of that are drastic. It is a threat to all, but particularly to those from ethnic minority backgrounds. According to analysis by the New Statesman, nearly 6 million people in England and Wales could be affected, and under this proposal, two in five people from an ethnic minority background are eligible to be deprived of their citizenship without being told.

Have the Government learned nothing from the Windrush scandal? They are repeating the same mistakes time and again. How can we trust the Government and the Home Office? How can we trust them with the measures proposed in clause 9? Simply put, we cannot, and I therefore commend the right hon. Member for Haltemprice and Howden (Mr Davis) on bringing forward amendment 12, which would remove clause 9 from the Bill. We support that amendment in the name of fairness and in order to uphold the rule of law.

Another aspect of part 1 that we are concerned about is statelessness and, in particular, clause 10, which is intended to disentitle stateless children in the UK from their statutory right to British citizenship. I thank my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for tabling amendment 111, which would give effect to the recommendations made by the Joint Committee on Human Rights, which published an excellent report on the Bill earlier this month. I wish to put on record my thanks, and I am sure the whole House’s thanks, for the enormous contribution she has made as a parliamentarian to preserving rights and demanding equality. She will be sorely missed when she steps down at the next election.

Clause 10 proposes amending and restricting a vital safeguard in British nationality law that prevents and reduces childhood statelessness. Under our international obligations, we have safeguards that mean that a child who was born in the UK and has always been stateless can acquire British citizenship after five years of residing here. The Government’s proposals to restrict and amend that obligation are an affront to children. They will impose the most profound of exclusions on children: the denial of any citizenship, and particularly citizenship of the place where they were born and live—the only place they know. This exclusion and alienation, when inflicted on a child in their formative years, will be highly damaging to their personal development and their feelings of security and belonging. The Government consistently failed, on Second Reading and in Committee, to explain what assessment has been made of the impact of this proposal on statelessness. That is unacceptable.

We Opposition Members therefore welcome amendment 111, and support its intention of ensuring that the Government act in compliance with article 1 of the 1961 UN statelessness convention. It would amend clause 10 so that British citizenship was withheld from a stateless child born in the UK only when a parent’s nationality was available to the child immediately, without any legal or administrative hurdles. This is a necessary amendment, as the Government have failed to protect the existing safeguards, which are in line with international law, in this Bill; on the contrary, they have introduced cruel and unworkable proposals that will only exacerbate the challenges for children and young people in the UK.

New clause 8, tabled by my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), is on an issue that follows on from that of child statelessness. We support that new clause, which concerns the fee—£1,012 for a child—that people must pay to exercise their right to be registered as a British citizen. Like hon. and right hon. Members across this House, I have raised many cases on behalf of constituents navigating this inefficient, ineffective and expensive system. The fees imposed by the Home Office deny people their rights. Application fees are one barrier, and Home Office delays and inefficiencies are another. If we look at the figures, we see that the unfairness is extremely stark—even to the former Home Secretary, the right hon. Member for Bromsgrove (Sajid Javid), who rightly described the registration fees for children as

“a huge amount of money to ask children to pay”.

--- Later in debate ---

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I want first to acknowledge my support for new clause 8, which my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) tabled, and to congratulate her on a very powerful speech on ending the shame of profiteering from child citizenship fees. I also support the arguments made by my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous).

I will make my short contribution mainly about amendment 12, which is in the name of the right hon. Member for Haltemprice and Howden (Mr Davis) and to which I have added my name. It seeks the removal of clause 9—tabled by the Home Secretary—which would deprive UK nationals of citizenship without notice. That is an extraordinary proposal, which has caused shockwaves across communities. In particular, in Feltham and Heston, it has really affected the south Asian community. I am grateful to all who have written in to me and signed the petition, which has almost 150,000 signatures. I also thank the immigration solicitor, Mr Harjap Bhangal, for his work and awareness raising of this issue.

I was born in Britain in Hammersmith in west London, and I grew up in Hounslow. It appears that, under the law, as drafted, I could theoretically be deprived of my citizenship with no notice, and potentially without appeal, because my parents were born in another country, even though they became British nationals and served their community with distinction. Perhaps the Minister will be able to say in his closing remarks whether that could ever happen to anyone. It appears that this proposal is the thin end of an appalling wedge. Members of my extended family were also among those who were expelled from Uganda in mass expulsions of the Indian community. I am sure that the Minister will understand why this has caused such concern.

The Home Secretary’s clause would amend the British Nationality Act 1981, which requires the Secretary of State to give a person written notice of their deprivation order, the reasons for the order and their right of appeal. In clause 9(2), proposed new section 40(5A) of that Act specifies circumstances in which the Secretary of State would be able to deprive a person of their citizenship without notice. That includes when

“the Secretary of State does not have the information needed to…give notice”

or

“it would…not be reasonably practicable to give notice”

for any other reason, or if giving notice would not be

“in the interests of national security”,

in the interests of relations with another country or “otherwise in the public interest”.

Perhaps someone can tell me what “relations with another country” means. If, in theory, a foreign Government with whom the Government are negotiating a trade deal say that they want British citizenship revoked from a group of people they would like to see returned back to their country of origin as a condition, possibly for political reasons, in theory, the Home Secretary could do so without saying why. This is a matter not of what this is likely to be about, but of what becomes possible. There is no practical reason for this change. The present rules governing notice allow for citizenship deprivation letters to be delivered to the individual’s last known address.

I cannot support the Home Secretary’s clause, which has breathed huge distrust and insecurity into the lives of millions of peaceful, law-abiding people. Having this power, without needing to give explanation, could affect not just those people but their children and grandchildren. I urge all hon. Members to support amendment 12 today.

[Richard Graham]

Today’s debate covers many different aspects. I certainly hope that the Government will consider new clause 4 carefully, but I want to focus on new clause 9 and the impact that the change in notification of revocation of nationality has had.

I say straightaway to the hon. Member for Streatham (Bell Ribeiro-Addy), who is not in her place at the moment, that when she describes the Bill as “hostile” and “horrible”, she should consider very carefully, as we all should, the impact on the lives of so many people of those who are killed by terrorists. Whether they are in Manchester, in London Bridge or anywhere else, the important thing about those ghastly incidents is that they affect those from every background, of every faith, of every race and of every colour. Clause 9 is not—

[Sam Tarry (Ilford South) (Lab)]

I am not sure whether I heard the hon. Member properly. We are talking today about people dying because of this Government’s policies—because they are so desperate that they are fleeing war-torn countries—and he wants us to think about terrorists. I think that that is quite appalling. I would really like him to withdraw that comment.

--- Later in debate ---

[Richard Graham]

With the greatest respect, what I am talking about is a specific aspect of the revocation of nationality for appalling behaviour against the interests of the country to which we all belong and of which we are all nationals—a very specific point—so I will not follow the hon. Member into that debate, I am afraid.

[Olivia Blake (Sheffield, Hallam) (Lab)]

To clarify, in reference to the very eloquent speech of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), the hon. Member for Gloucester (Richard Graham) drew an association between terrorism and the fees for children seeking to get nationality here. That is what has just happened. I think he should revoke those comments.

[Richard Graham]

I am grateful for the hon. Member’s comments. I specifically quoted two words that the hon. Member for Streatham used in relation to the clause—she spoke about this “horrible” Bill and this “hostile” Bill. The hon. Member for Sheffield, Hallam (Olivia Blake) will recognise that the clause has been used by Opposition Members, notably the hon. Member for Bradford East (Imran Hussain), to stir up concerns—which, bluntly speaking, I regard as scaremongering—among members of different ethnic communities in our country. To my way of thinking, that is deeply inappropriate.

What we are talking about is the notification of revocation of British nationality to a tiny, tiny number of people who have chosen to behave in a way that is totally against the interests of our country and who have allied themselves with the enemies of this country. All the clause will do is allow for the absence of physical notification where those individuals are either unreachable or in a war zone. So far, so good.

[Stephen Timms]

I am listening carefully to the point that the hon. Gentleman is making, but will he take it from me that the alarm about the clause is not because of any stirring from the Opposition, but because of the reality of its content and the Government’s track record?

[Richard Graham]

Over the past 10 or 11 years, I have agreed with the right hon. Gentleman many times on many issues, particularly work and pensions. On this particular point, I am sorry, but I think he is being a little disingenuous about how some of his colleagues are using it to stir up concerns when actually we need to be together as a nation. Where I agree with him is that there is real work for the Government to do—as the Minister knows, because he kindly gave me time on the point yesterday—to communicate much more effectively with Britons across this country about the facts of the legislation, which draw on a right that has been there for the Government for 100 years, since the first world war. Most people—most of our constituents—have no idea about that.

[Bell Ribeiro-Addy]

Will the hon. Member give way?

[Richard Graham]

I have given way quite a lot. Can I make some progress? I am just conscious that a lot of people want to speak. If the hon. Lady will forgive me, let me make some progress and let us see where we are.

The really important points are as follows. How many people have actually had their UK nationality revoked in such a context? On which crimes does the 100-year clause have an impact? Is there a right of appeal to a legal tribunal? There is. Will anyone have their single nationality revoked, completely obliviously to where their parents or grandparents might have come from originally? The answer to that, to my strong understanding, is almost certainly no in 99.999% of cases.

In the remaining time, may I press my hon. Friend the Minister for clarification, not just for Members but for those in the nation at large, to reassure them about the nature of the atrocities that need to be committed for this clause to be applied, and the fact that it absolutely does not target anyone of any origin whatsoever? Indeed, if it did, my wife, who was Kenyan when I married her, would certainly be affected. There are millions of people who potentially might be affected, and that is why reassurance is required to make clear that this is purely about a very simple business of notification when a person is unreachable or in a war zone.

On that note, I will give way to the hon. Member for Streatham.

[Bell Ribeiro-Addy]

I am very glad that the hon. Member has given way. I was not present when he referred to my speech, but I want to ask him if he really understands what the issues are. The Government, as he rightly said, already have the ability to reduce people’s citizenship, so why do they want to make it even easier, and why do they want to remove all checks and balances? This is where the concern arises. After what has happened to the Windrush generation, and after what has happened to the young people who—

--- Later in debate ---

In 2016, in the most awful moment of my career, my friend Jo Cox was murdered by a far right extremist and terrorist. He was tried in this country and locked up in this country. If his skin colour were any different, he should not be sent to another country. The following year, in 2017, Darren Osborne drove a van into a group of Muslim worshippers in Finsbury Park. Rightly, he was tried and given a sentence in this country. It was not proposed that those convicted terrorists or criminals should have their citizenship revoked. Why is that? Is it because of the colour of their skin? I say this because I genuinely feel—

[Richard Graham]

Will the hon. Lady give way?

[Tulip Siddiq]

Yes, I will give way to the hon. Gentleman, who made a wonderful speech.

[Richard Graham]

I am grateful to the hon. Lady. She is making some interesting points, but it is really important for us all to understand that this is not some sort of act of racism. Anna Chapman was a Russian spy with dual nationality and she had her nationality revoked. So I urge the hon. Lady to do the right thing by her old friend Jo Cox and to do the things that bring us together. This is about the good of the nation. It has nothing to do with colour or race.

[Tulip Siddiq]

I thank the hon. Member for his intervention. What I would say to everyone is that I am not trying here to flame tensions or to play politics. I am genuinely saying that ethnic minorities in this country are in fear of this clause. It has created widespread fear in communities. If we start treating non-white criminals and terrorists as though they are the responsibility of another country and not our responsibility, we will send a signal to law-abiding non-white British citizens that they are somehow less British in this country. I genuinely ask the Government to consider this.

--- Later in debate ---

[Dame Meg Hillier]

I thank the Minister for that—it is a bit of a breakthrough. It is important that the Home Office remembers that people will lose records. When they are travelling, they will be in places where there is no wi-fi through which they can access information. A time-limited document that they at least have the option to have on paper would be a very welcome move.

On the basis of what the Minister has said—I will watch him like a hawk on this—I will not press my new clause to a vote, but the hon. Members who signed it have a very strong interest in this. We are talking about EU citizens who have made their life in this country, and we need to give them the comfort that they deserve, so that they can go about their ordinary lives easily and effectively.

[Richard Graham]

I rise to comment on new clause 52. This is important, because in April 2019, I wrote a letter with the former Member for Bridgend, Madeleine Moon, to the then Home Secretary, my right hon. Friend the Member for Bromsgrove (Sajid Javid), and then to his successor a few months afterwards. In that letter, we called for a waiver of fees for Commonwealth servicemen and women. The new clause rightly amends that to all non-UK citizens in the new clause, which is effectively the core of what the new clause of my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) calls for. It is good to see him in his place this evening and back in the House. I welcome that.