Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Debate between Robert Jenrick and Valerie Vaz

Wednesday 1st March 2023 General Committees

[Robert Jenrick]

Happy St David’s Day to you, Sir Robert, and the other Members present.

I will answer some of the questions that hon. Members asked. I am grateful to the Opposition for their support for these important measures. The Government view British citizenship as a privilege that, in the most extreme circumstances, can be revoked where individuals have chosen to take a course of action that poses a grave threat to national security. The hon. Member for Aberavon can be assured that the Home Secretary—and, I suspect, her successors—will take that duty extremely seriously and apply it only in cases that command broad support. It is right that there is appropriate judicial oversight, and that is the purpose of this statutory instrument.

As the hon. Gentleman says, this measure will ensure that a highly experienced judge will hear the case prior to any steps being taken by the Home Secretary; that judge will decide whether it is obviously flawed, to prevent any cases that do not meet the evidential bar from proceeding. It is right that that should happen, because this is a very significant step.

We do not believe that further steps are required before we can move forward and begin the implementation and operationalisation of the process. The first applications will flow in time; I do not have a particular date because that is not the nature of this case load. If he looks back on recent years, the hon. Gentleman will see that the numbers are highly sporadic. They depend on events in international affairs. Particular conflicts have sparked more proposals to the Home Secretary, and there have been periods when there have been fewer applications.

Home Secretaries very rarely bring such matters forward themselves. Most cases come to the Home Secretary from the security services, which have specific intelligence about individuals and ask the Home Secretary to consider it and act as swiftly as possible. This Home Secretary, like others, will of course consider it in due course.

[Valerie Vaz (Walsall South) (Lab)]

Is the Minister confident that there are sufficient safeguards to ensure that the security services have the right person?

[Robert Jenrick]

I am confident. It is the duty of the Home Secretary of the day to read the evidence that is presented to him or her by the security services, consider it carefully, ask appropriate questions, probe that work, and then make a decision. The purpose of this instrument is to provide a further check to that important decision. It ensures that an experienced judge hears the evidence, either in public or in private. That is ultimately a decision for the judge, depending on the evidence presented. It may be a mixture of the two, given that some evidence clearly cannot be heard in open court. It will ultimately be for the Home Secretary to decide to proceed.

[Valerie Vaz]

Obviously, there is a turnaround time of 14 days. Is the Minister confident that there are sufficient judges? Are more going to be appointed?

[Robert Jenrick]

I have not heard any suggestion that there are insufficient judges. This type of case would be heard by the most experienced judges in SIAC, as the right hon. Lady would expect, given that these are some of the most complex cases that will ever come before them.