Deprivation of Citizenship Orders (Effect during Appeal) Bill Debate
Full Debate: Read Full DebateKatie Lam
Main Page: Katie Lam (Conservative - Weald of Kent)Department Debates - View all Katie Lam's debates with the Ministry of Justice
(2 days ago)
Commons ChamberI thank all Members for their contributions, Members who tabled amendments, and the Minister for his work and approach.
As has been set out, the Bill represents an important step towards tightening the existing rules on the deprivation of citizenship, as we discussed on Second Reading. This is a crucial tool that Home Secretaries must be able to exercise as part of their broader efforts to keep our country safe. Membership of a nation does not just imply rights; it also confers responsibilities. When British citizens engage in terrorism, support for terrorism or serious organised crime, they clearly disregard those responsibilities. We cannot deprive such people of citizenship in all cases, but where we can, we should.
Put simply, the intent of this Bill is to make sure that the Home Secretary’s use of deprivation powers is effective. More broadly, it also intends to make it clear that, when considering the use of the deprivation powers, politically accountable Ministers must ultimately be responsible for the final decision. The amendments must be viewed in that light.
I start by thanking the Minister for his work on the Bill. It is always a pleasure to work across from him in defence of our great country and its people.
Keeping our country safe sometimes requires taking difficult decisions, including the decision to deprive a person of their British citizenship. Working flagrantly against our country’s interests as, say, a terrorist does clearly demonstrates a disregard for the responsibilities of citizenship. Such people should not be able to hide behind a passport, and it is therefore right that the Home Secretary retains the power to deprive them of citizenship where it is possible to do so. It is also right that this power remains effective. We believe that the Bill is an important step towards ensuring that efficacy and clarifying Parliament’s intention on how those powers can be used.
Given that we are in agreement on the substance of the Bill itself, I would like to briefly make a broader point about what the legislation represents in terms of our constitution and Parliament’s role within it. As I mentioned on Second Reading, the main role of the judiciary in our system is to interpret and apply Parliament’s will; it is not the highest arbiter of our constitution. In most cases, with the exception of some prerogative powers, its only role in reviewing ministerial powers is to ensure that they are exercised according to the guidelines set out by Parliament. When the judiciary makes a decision that runs contrary to the will of Parliament, Parliament is therefore perfectly entitled to overturn that decision and to clarify its will. This is a living and breathing institution, which should be at the centre of our political system, because Parliament is ultimately answerable to the British people themselves.
The Bill before us represents one such clarification. At a time when it can seem that many on the Government Benches are happy to defer to the judiciary as a matter of course, it is heartening to see the Minister take a different approach—one that recognises the fact that Parliament is the cornerstone of our system—and I thank him for that. We must never forget that the supreme authority in this country is Parliament. When the legal process produces a result that is not in the interests of the British people, not only is this House well within its rights to overturn it, but it must do so.
Question put and agreed to.
Bill accordingly read the Third time and passed.