Deprivation of Citizenship Orders (Effect during Appeal) Bill

Debate between Kit Malthouse and Nusrat Ghani

Committee of the whole House
Monday 14th July 2025 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

I beg to move amendment 1, page 1, line 9, at end insert—

“(2BA) But a judge may determine that an order does not continue to have effect for a person “P” during the appeal period if, on granting leave to appeal at any stage, they are satisfied that—

(a) “P” faces a real and substantial threat of serious harm as a result of the order,

(b) continuation of the order would significantly prejudice their ability to mount an effective defence at a subsequent appeal, or

(c) the duration of the appeal process has been excessive because of an act or omission by a public authority.”

[The Chairman]

With this it will be convenient to consider:

Clauses 1 and 2 stand part.

New clause 1—Independent review—

“(1) The Secretary of State must, within one year of the passing of this Act, commission an independent review of the effects of the changes made to section 40A of the British Nationality Act 1981 by section 1.

(2) The review must be completed within two years of the passing of this Act.

(3) As soon as practicable after a person has carried out the review, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(4) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (3)(b) within one month of receiving the report.”

[Kit Malthouse]

I am pleased to be opening this debate, although, given the turnout in the Chamber, it seems to be a minority interest among Members of Parliament, notwithstanding the fact that the legislation affects some of our most basic freedoms and rights. Before I address amendment 1, I hope you will forgive me, Madam Chair, if I briefly indulge in a preamble. There are a couple of issues that I want to impress on the Minister in the hope that he will respond favourably and, if not accept my amendment, agree to consider the principles it raises in the other place. Given the number of senior lawyers there, this legislation will be examined by some pretty stringent legal eyes.

First, Madam Chair, I hope you will agree that we established on Second Reading that this Bill is highly discriminatory. One of the truisms we always utter in this House is that we all stand equal before the law, but I am afraid that where this legislation is concerned, that is just not true. The Minister would be unable to wield against me the powers he is seeking to bring in under this Bill; it would not be countenanced because I have no right to citizenship elsewhere. However, there are Members of this House against whom the Minister could wield that power. Although he could not wield it against me, he could wield it against two of my children, although not against the other one—I have three. He could wield it against the children of the former Prime Minister, my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak); against the children of the former Chancellor of the Exchequer, my right hon. Friend the Member for Godalming and Ash (Sir Jeremy Hunt); and against the children of the former Deputy Prime Minister, my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden). I am trying to illustrate to the Minister that this legislation is highly discriminatory, and unusually so. He is tampering with some of the basic tenets of British justice through this Bill—a principle has been established in the Supreme Court that he is attempting to reverse—and I want him to have in mind that he is trying to embed that discrimination in law. I hope and believe that that is not his primary motivation, but he must comprehend that before he takes this step.

Secondly, I say to the Minister, who has a distinguished record of service in the defence of this country and now serves as Security Minister, that much of the Bill is, let us face it, focused on those accused of committing terrorism here or overseas. Terrorists win in two ways: first, by the physical injury that they inflict and the fear of that physical injury that they are likely to inflict by exploding bombs, killing people and all the horrors we have seen in our lifetimes over the past 30 or 40 years, if not longer; and secondly, by a long, slow undermining of our way of life and by sowing division within our society. Their long game is to force us to twist ourselves in knots around the freedoms that make us different, which they despise, and slowly to erode our standard of living and the atmosphere in which we live, and we have seen that before in this country.

The Minister is old enough to remember the evolution of the Diplock courts in Northern Ireland, where hearings were held without juries. We dispensed with the basic freedom of the right to a jury trial in Northern Ireland for a while, largely because of accusations of violence towards juries. It was proven later that this was part of a known strategy by the IRA to make the Six Counties ungovernable, other than by military colonial means, so the IRA saw that move as a triumph. What terrorists want in the long term is a twisting of our natural freedoms. They want us to make compromises in our legislation that undermine our sense of belonging in our nation and create a division not just between the governed and the Government, but within society. This legislation, I am afraid, starts to do exactly that.

On Second Reading I pointed out, as I have possibly already done today—I hate to be repetitive—that this legislation and this power create two classes of citizenship in the UK. There are those who can have the order removed and those who never can have it removed. As use of the power has accelerated over the past two decades, and we are using it now more than we ever did, it creates a feeling of unease among those whose citizenship is conditional.

I will explain to the Minister why I tabled amendment 1. As I said on Second Reading, my view is that he is undermining some of the basic tenets of British justice with what he is attempting to do with this legislation. With this amendment, I am attempting to swing the pendulum back a little in the cause of fairness before the law. As he will know, individuals subject to this power have the right to appeal on a number of bases, and courts will decide whether to allow their appeal. Broadly, there are three areas on which they can appeal: the first is whether the decision was proportional; the second is whether it was procedurally fair; and the third is whether the Minister or the Home Secretary has made a mistake over whether the person has a right to citizenship elsewhere and so may in fact be rendered stateless. As he knows, that is not allowed under the legislation.

If I have had my citizenship deprived essentially at the stroke of a pen by the Home Secretary, and I win an appeal, it seems unfair, given that I have won that appeal on the basis of fact, that the Government can continue to deprive me of my citizenship pending a further appeal by them. Ordinarily, I would have got rid of this legislation, but the Minister seems insistent, and he won on principle at Second Reading, and that is fine. I am therefore appealing to his sense of good old British fair play to say, “This individual has won their first appeal on the basis of fact. Unless we have some profound reason to dispute that fact, we will not appeal, in which case they get their citizenship back.” On the basis of the fundamental British value of “innocent until proven guilty”, that person should get their citizenship back, particularly if a judge decides that the three conditions outlined in my amendment are satisfied.

--- Later in debate ---

[Dan Jarvis]

The right hon. Gentleman undoubtedly makes some important points, but he makes them from a stance and a point of view that is slightly different from the position of those of us who have to serve in government. He spoke about the Government seeking to drag their heels. This Government and, I am entirely prepared to accept, the previous Government are not seeking to drag our heels; we are seeking to keep the country safe. That is what this is about. It is about ensuring that we have a legal framework that provides the tools we need to make difficult decisions, yes, but also to keep the country safe. He will forgive me if I do not seek to move into a slightly separate debate about proscription, not least because I think I would be in trouble with you, Ms Ghani, but I also want to come back to the point made by my hon. Friend the Member for Clapham and Brixton Hill.

My hon. Friend made the point that deprivation raises concern among certain communities. I am grateful to her for making that point and I am grateful for the opportunity to respond directly to it. Let me say to her and to other hon. Members that the power to deprive a person of British citizenship does not target ethnic minorities or people of particular faiths. It is used sparingly where a naturalised person has acquired citizenship fraudulently or where it is conducive to the public good. Deprivation on conducive grounds is used against those who pose a serious threat to the UK or whose conduct involves high harm. It is solely a person’s behaviour that determines if they should be deprived of British citizenship, not their ethnicity or faith. Finally, my hon. Friend asked about an equalities impact assessment. I can say to her that the impact on equalities has been assessed at all stages of the legislation.

Turning now to new clause 1, tabled by the hon. Member for Hazel Grove (Lisa Smart), I appreciate the intention behind the amendment, specifically to ensure accountability in the use of deprivation powers. I recall that she is very consistent in raising her concerns about that. However, I must respectfully submit that the hon. Member’s amendment is not necessary, for two reasons. First, the role of the independent chief inspector of borders and immigration already provides a well-established framework for independent oversight. She may recall that I mentioned that to her previously. The role was created under the UK Borders Act 2007, which sets out its statutory function. That includes the exercise of deprivation powers by the Home Secretary and by any person acting on their behalf. The independent chief inspector has the authority to conduct inspections, publish reports and make recommendations, ensuring that the powers are subject to rigorous external scrutiny.

Secondly, the Secretary of State already publishes annual statistics on the deprivation of citizenship. Those figures are publicly available and provide transparency on how often the powers are used and the grounds for deprivation. That data enables Parliament and the public to monitor trends and assess the proportionality and fairness of the system. Taken together, the statutory oversight by the independent chief inspector and the routine publication of deprivation statistics already provide a comprehensive framework for accountability. The amendment, therefore, duplicates existing oversight and reporting mechanisms. It would introduce unnecessary bureaucracy without adding meaningful value.

I would again like to thank all right hon. and hon. Members for their contributions. I hope for their continued support in ensuring that these important changes can be made.

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

Mr Malthouse, do you wish to withdraw the amendment?

[Kit Malthouse]

In the hope that the Minister will do the right thing, yes. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clauses 1 and 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

Points of Order

Debate between Kit Malthouse and Nusrat Ghani

Monday 7th July 2025 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

On a point of order, Madam Deputy Speaker. Along with 6.5 million fellow members, I am a member of the local government pension scheme, through my proud membership of the London Pensions Fund Authority. We are uniquely affected by the Pension Schemes Bill, which we are about to contemplate. I am therefore concerned that it should be a hybrid Bill rather than a public Bill. I seek your guidance, please, as to whether the Bill has been properly certified as a public Bill and whether, in fact, it should be referred to the examiners to decide whether it should go through the hybrid Bill process. If not, and the House decides to proceed today, could the House of Lords independently decide through its examiners whether it is, in fact, a hybrid Bill?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I am grateful to the right hon. Member for his point of order and for giving notice of it. The Bill was not referred to the examiners at the time of presentation, indicating that the view taken by the relevant House authorities at the time was that the Bill was not prima facie hybrid. He is welcome to refer to any aspect of part 1 of the Bill during today’s proceedings. The Chair cannot be expected to respond substantively today, but I will ensure that he receives a substantive written response this week. His final point was about proceedings in the House of Lords, which are not a matter for the Chair, or indeed for this House. I ask him not to refer to that matter in his speech.

Points of Order

Debate between Kit Malthouse and Nusrat Ghani

Tuesday 20th May 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I think the right hon. Member knows that that point of order is a matter not for the Chair, but for the Government. No doubt the Foreign Secretary and those on the Front Bench will have heard him and will respond in due course.

[Kit Malthouse (North West Hampshire) (Con)]

Further to that point of order, Madam Deputy Speaker. I wonder whether you can remind the House what the processes are for us to obtain an emergency debate under Standing Order No. 24, on the basis that this situation is so dire and so acute that a number of us may wish to apply for such a debate.

[Madam Deputy Speaker]

I and the right hon. Member both came into Parliament together. He knows how to obtain a Standing Order No. 24 debate, so he does not need me to remind him of the process. He will get much advice from the Speaker’s Office. Without doubt, the strength of feeling has been heard repeatedly, in the statement and in those two points of order, by the Foreign Secretary and Ministers on the Front Bench.

Terminally Ill Adults (End of Life) Bill (Money)

Debate between Kit Malthouse and Nusrat Ghani

Money resolution
Wednesday 22nd January 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Thank you, Mr Shannon, for letting me know you would be making a point of order. The Chair is not responsible for the content of Member’s speeches, but I remind the House of the advice in Erskine May on the importance of good temper and moderation in parliamentary language.

[Kit Malthouse]

Further to that point of order, Madam Deputy Speaker. There was no intent in my remarks to undermine the integrity of the hon. Member for Strangford (Jim Shannon). I may have misunderstood his remarks, but he implied that the Committee was adopting some kind of veil of secrecy over our affairs and I was pointing out to him that, in my view, that was a misunderstanding of what we were attempting to do yesterday. I am sorry if the hon. Gentleman was offended, as he knows I hold him in great affection and I had no intention to do so.

[Madam Deputy Speaker]

Thank you, Mr Malthouse. I can see Mr Shannon nodding, so hopefully your apology has been accepted.

Government Policy on Health

Debate between Kit Malthouse and Nusrat Ghani

Monday 9th September 2024 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

On a point of order, Madam Deputy Speaker. The Secretary of State has obviously decided that attack is the best form of defence, but the operation of the House will collapse if he declines to answer any questions about a very serious matter of public concern. Can we seek your guidance, Madam Deputy Speaker, on whether he is conducting himself appropriately in the House? We are seeking transparency on a matter of probity, and he has a duty to answer the House, not least under the ministerial code.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

The urgent question has just started, so there will be ample opportunity to continue to hold to account the Secretary of State, who no doubt believes that his answers are responding to the UQ. We have some time to go, so if Members bob, I will endeavour to ensure that they are called to do so.