Nationality and Borders Bill

Seema Malhotra Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[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—