Immigration Bill

Debate between Richard Shepherd and Lord Hanson of Flint

Wednesday 7th May 2014 Commons Chamber

[Mr Hanson]

I could do worse than to cite what Lord Deben, a Conservative peer, has said—[Interruption.] The hon. Gentleman looks as though he lacks concern about this, but I am expressing a number of concerns that have been expressed, both in this House and in—[Interruption.] My view is that we need to ensure that if we take this step, we do it in an effective and appropriate way that does not damage the credibility of the anti-terrorism case. Removing someone’s citizenship is an extreme measure and it has to be done in a way that is appropriate. The Minister has not made it clear to me that the “reasonable” judgments of the Home Secretary—[Interruption.] If the Parliamentary Private Secretary would like to join in the conversation, he could go to the Back Benches and do so. For the past three months we have received wodges of legal advice and wodges of views saying, “This is not practical, it will not be effective and it will damage our attacks on terrorism.” The Minister is asking us to take things on trust, but the other place has determined that it wants to examine these issues in detail, argue them and test the Minister on them, and that is a fair proposal.

Lord Deben, a Conservative colleague of the hon. Member for Rochester and Strood (Mark Reckless), has said that

“to take away someone’s citizenship, it is not reasonable to say that you assume that they can get another country’s citizenship. It is only reasonable to say that you know that they have another citizenship; anything less than that is wrong. It may not be convenient, but it is not right.

We have been the signatory to and the driver of much of the international law that seeks to reduce statelessness to its minimum. I fear that in this particular case, we may, for very good reasons—in seeking to close loopholes…do something which will do great injustice to a very small number of people.”—[Official Report, House of Lords, 19 March 2014; Vol. 753, c. 213.]

That is what we need to test by a Joint Committee of both Houses of Parliament and that is what we need to test over the next few weeks and months, which is why the other place has given its support. Justice, Liberty and the Immigration Law Practitioners Association, among others, have made cogent arguments as to why we need to consider this in detail. We need to examine it, and I support the retention of the Lords amendment and hope the House will do so.

[Sir Richard Shepherd]

I am greatly concerned about this measure, and I will just make some observations. The Minister referred to the power that the Home Secretary used to have in relation to something being not conducive to the public good. Its removal created a real difficulty for Governments, but my concern is not the difficulty for Governments; my concern is for the British common law system. This is not about the European Court of Justice—its rulings or anything else. The issue of concern to me is: what is our process?

I believe, and this was fundamental to our legal system, that a person should know the reasons they are to be aggrieved, but that is not possible under the Bill. He or she will not know the reasons they are being deprived of citizenship, so they can make no case that can be held to be valid, because they do not know what they are challenging—or they will claim they do not know what they are being challenged with. We do not know and the public do not know, so this violates one of the first principles of our legal system—our common law system. I want the House always to remember that our common law system in England has been absolutely essential to our liberties, freedoms, standing and our sense of who we are.

I understand the difficulties that Governments face, as there are a lot of wicked, evil people out there, but the answer has always been to prosecute. We are told, “Oh we can’t prosecute because in a prosecution we may have to reveal our sources.” This is the nightmare situation that the world in which we now live is facing: we are not to know, we cannot know and we cannot challenge. The Special Immigration Appeals Commission is one of the most monstrous extrusions on the national scene, as not even the solicitor representing the accused or the person who loses their citizenship knows the reasons their client is there. Gisting? Well, all those rules that have been put in place essentially deny open justice using the argument of national security.

I have been a Member of Parliament for 36 years, and I look back over the decline of our sense of who we are, what our system is, and our freedoms and liberties, which are concentrated in the concept of the common law. I did not invent it—we did not invent it—it came from the movement of the people of this country over hundreds of years and the development of our legal system. Year after year, in a way that one could never assume would happen, Governments have gone out searching for new measures to conceal the openness of what justice should be. We, as citizens of this country, have a right to know why people are charged. That is why we have an open court system, so that we can judge whether the measures are competent, reasonable or truthful to the purpose of our nation. That is why I cannot support the very notion that so much power should be concentrated in one individual—a Home Secretary—whether good or bad, that they may make decisions of this nature without our being able to challenge whether they are valid, true or right. I want the House to stand up for who we are and what our system of justice is—and it is not secret justice.

European Union Fiscal Union

Debate between Richard Shepherd and Lord Hanson of Flint

Wednesday 14th September 2011 Westminster Hall

[Mr Hanson]

If the hon. Gentleman allows me, I shall cover some of those points in a moment. It is important to record the fact that we have economic growth partly because of co-operation, because of the single market, because of the widening of the European Community to the east and because of EU investment in this country.

[Mr Shepherd]

I am sorry that the right hon. Gentleman has repeated the old canard about 3 million jobs, but perhaps he will comment on the other side of the equation. How many jobs on the European continent depend on trade with Britain?

[Mr Hanson]

I believe that the single market and the European Community have contributed to growth and jobs in this country and throughout mainland Europe. The hon. Member for Stone touched on the potential difficulties with the euro and Greece, Portugal, Spain and Italy, but the argument that he advanced about renegotiation does not fly and would not be a starter in relation to the positive policies that I hope I share with the Minister on engagement and the future of Europe.

We need to look at three issues. The economic growth strategy for Europe is key to economic growth as a whole. When we look at what we are doing in reducing public spending—in achieving a balance between public spending and private expenditure—we see that the growth strategy is missing in Europe and that the collective strategy of reducing public spending will not lead to economic growth.

Given the potential collapse of the euro, it is important that we look at the current stability mechanism, and I am sure that the Minister will speak about the future stability mechanism for 2015. We must consider negotiating an earlier end to the temporary European financial stability facility, of which the UK is a member. The UK’s exposure is too high and is a risk, and if the euro collapsed now we would face severe difficulties with the funding mechanism.

My right hon. Friend the Member for Edinburgh South West (Mr Darling) negotiated the facility—with, I believe, all-party agreement, although there is dispute about that—before the general election, and it is key to stability with the euro. It is not in this country’s interest for Greece to fail, for the euro to break up or for other countries to default. As my right hon. Friend the Member for Oxford East (Mr Smith) said in an intervention on the hon. Member for Northampton South, one of the reasons why the Prime Minister and the Chancellor are looking to develop an EU fiscal policy to follow the current agreement is to ensure that a collapse is avoided, that the currency is strengthened and that a positive Europe, geared to growth in the future, is maintained.