(2 days, 23 hours ago)
Lords ChamberI am grateful to the noble Baroness. I place that in the mix because it is outside the scope the Bill. I affirm, as I hope I have already done, that the Government’s policy position is that this would be unworkable and would lead to potential areas of risk. Having said that, as I said to the noble Lord in response to his introductory comments, we will keep this under review and monitor it. If issues arise, they will no doubt be drawn to the Government’s attention, the borders inspector can examine them and, indeed, the Government can reflect upon them. On policy grounds, I still urge that the amendment be withdrawn.
My Lords, I am grateful to everyone who has spoken. I know there is considerable concern around the House, beyond the noble Lords and Baronesses who have spoken today, about this issue.
I will make three brief points. The first is to echo the point that the noble Baroness, Lady Hamwee, made. I, too, was surprised to hear that the consequential amendment to Section 2(1)(a) might be out of scope. This is a Bill to make provision about the effect during an appeal of an order under Section 40 of the British Nationality Act. Within that that theme—that umbrella of effect—in my view, it would be entirely possible to have a consequential amendment to Section 2(1)(a) concerning the acquisition of citizenship during the appeal period by children.
The second point concerns the extended period of uncertainty that the Minister referred to. There is another way of looking at this. If the Government are ultimately unsuccessful in the litigation, we will be faced with an unknown number of individuals who are now children but who will, at that point, be young teenagers, coming back to this country. In some cases, they will be returning to this country having spent many formative years in prisons or camps in north-east Syria and elsewhere. So, even from a national security point of view, we may end up in a rather challenging position.
Finally, I thank the Minister for his comment on the impact and on the Government’s commitment to keep implementation of the Bill under review. We will, I hope, have an opportunity to return to the question of implementation, to the position of children affected by the deprivation of citizenship and, more generally, to the Government’s policy on the deprivation of citizenship. With that, I beg leave to withdraw the amendment.