Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by the Parliamentary Under-Secretary at the Home Office on 27 January 2021 (UIN 139991), what assessment they have made of the protected characteristics of those deprived of citizenship; and what plans they have, if any, to collect and publish the data on this.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
In order for deprivation on ‘conducive to the public good’ grounds to be a consideration, the starting point is an individual’s conduct, that the individual is a terrorist or an extremist, or involved in espionage, war crimes, serious organised crime or similarly dangerous activities, in order to meet the ‘conducive to the public good’ test.
Figures for numbers of conducive deprivation orders, which are made under Section 40(2) of the 1981 British Nationality Act, have been published as part of the HM Government Transparency Report: Disruptive and Investigatory Powers. Four reports have been published to date in 2015, 2017, 2018 and 2020.
Figures are provided on an annual basis and we do not break those figures down further into sub-categories.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government when information relating to the use of deprivation of citizenship orders under section 40(2) of the British Nationality Act 1981 in (1) 2019, (2) 2020, and (3) 2021, will be published.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Figures for numbers of conducive deprivation orders, which are made under Section 40(2) of the 1981 British Nationality Act, have been published as part of the HM Government Transparency Report: Disruptive and Investigatory Powers. Four reports have been published to date in 2015, 2017, 2018 and 2020 which provide the number of deprivation of citizenship orders made up until the end of 2018.
A further publication which includes the more recent data is due to be published shortly.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many people were deprived of their citizenship under section 40(2) of the British Nationality Act 1981 for each year from 2010 to 2018, broken down by (1) the grounds upon which those deprivation orders were made, (2) whether or not the individual had previously been granted refugee status, discretionary leave or humanitarian protection in the UK, (3) whether or not the individual was under the age of 18, and (4) whether the individual was in the UK at the time of the deprivation.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Figures for numbers of conducive deprivation orders, which are made under Section 40(2) of the 1981 British Nationality Act, have been published as part of the HM Government Transparency Report: Disruptive and Investigatory Powers. Four reports have been published to date in 2015, 2017, 2018 and 2020 which provide the number of deprivation of citizenship orders made up until the end of 2018.
Year | Number of Individuals |
2010 | 5 |
2011 | 6 |
2012 | 5 |
2013 | 8 |
2014 | 4 |
2015 | 5 |
2016 | 14 |
2017 | 104 |
2018 | 21 |
Figures are provided on an annual basis and we do not break those figures down further into sub-categories.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many appeals against deprivation of citizenship orders under section 40(2) of the British Nationality Act 1981 have been made in each of the last five years; and how many of those appeals were upheld.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Figures for numbers of conducive deprivation orders, which are made under Section 40(2) of the 1981 British Nationality Act (BNA 1981), have been published as part of the HM Government Transparency Report: Disruptive and Investigatory Powers. Four reports have been published to date in 2015, 2017, 2018 and 2020 which provide the number of deprivation of citizenship orders made up until the end of 2018.
Figures are provided on an annual basis and we do not break those figures down further into sub-categories. However, data on the number of people who appealed against a deprivation of British citizenship decision under both Section 40(2) and 40(3) of the BNA 1981 has been published. The table shows a breakdown by year of appeals lodged between 05/03/2011 and 31/12/2018 against deprivation decisions and orders.
Year | No of people who lodged an appeal |
2011 | 5 |
2012 | 5 |
2013 | 10 |
2014 | 29 |
2015 | 37 |
2016 | 41 |
2017 | 37 |
2018 | 88 |
Total | 252 |
The following notes should be considered when viewing this data:
A number of the appeals in relation to deprivations under Section 40(2) of the BNA 1981 are ongoing. Therefore, we are unable to provide a partial figure of upheld appeals whilst litigation is ongoing.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the number of people in each of the last five years who would have been deprived of their citizenship if there had been no requirement to give prior notification.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Prior to the recent High Court decision in the case of D4, the relevant regulations governing service of notice in deprivation cases, provided adequately for a variety of situations, meaning that there had been no cases where the notification requirement had prevented deprivation action from taking place.