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Deprivation of Citizenship Status

Part of the debate – in the House of Commons at 1:35 pm on 20th February 2019.

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Photo of Sajid Javid Sajid Javid The Secretary of State for the Home Department 1:35 pm, 20th February 2019

I thank the right hon. Gentleman for his questions, which I want to go through. But let me say to him and the House that these decisions are never taken lightly, and I am not just speaking for myself.

The power has been in place for more than 100 years. It was set out properly in the British Nationality Act 1981, since when it has been used by successive Home Secretaries. Although I will not know every decision that every Home Secretary made in the past, I can be certain that none would have taken decisions on deprivation of British citizenship lightly. There are a number of things to weigh up: national security, moral issues and legal issues all need to be carefully taken into account. No decision of this type—as serious as this—can be taken lightly.

The right hon. Gentleman asked about the grounds for a citizenship decision. As I have said, I cannot talk about an individual case, although I am happy to try to answer his questions. Almost all these decisions, depending on how far back one goes, are made on what is called the “conducive test”: conducive to the public good. The test can apply to a number of issues—to the case prominent in the papers now, but also to many recent cases, including the ones that he mentioned, to do with terrorism and national security. In each of those cases, I would look at the evidence put in front of me: some of that would be secret intelligence and some would be more publicly available information. That would be used to determine the threat that the individual might pose to the country. Alongside that, officials from the Home Office, working with other partners and partner agencies, would put together a case, including a legal case, to look at a number of issues but of course absolutely to make sure that if we went ahead and took the decision to deprive someone of their British nationality, that person would not be left stateless.

In every decision that I am aware of—I cannot think that any of my predecessors would have taken a different decision—that has been applied, every single time. Our lawyers are expert in this field and would look carefully at judgments in previous cases—the right hon. Gentleman referred to those—if they have been challenged, to see whether there are lessons to be learned. Those would be taken into account. When a decision then has to be made, I have to be, in every case, absolutely confident that it is not only conducive to the public good, but legally proper and correct, and compliant with both international and any relevant domestic law.

The right hon. Gentleman may be interested to know that Lord Carlile, an individual whom he will know well, has already made a public comment—I can refer to public comment—about the case in the press at the moment and other such cases that he has been familiar with. He is worth listening to on how this practice has taken place in the past.

The right hon. Gentleman also asked about minors. Again, I cannot talk about any particular individual or case, but in the case of a minor, clearly even more care must absolutely be taken. It is absolutely paramount in all cases to take into account the welfare of minors. I cannot refer to any particular case, but that is also in domestic legislation: in any immigration decision, including about deprivation, the welfare of a child is taken into account where that is relevant.

Finally, I say gently to the right hon. Gentleman that he was a senior member of the previous Government. He was not only in the Cabinet: for almost three years, if I remember correctly, he was a member of the National Security Council. He would have discussed counter-terrorism issues in that council on countless occasions, and it would be hard to think that the issue of deprivation never came up. Not only was he a member of a Government who made decisions on deprivation, many on terrorism grounds, but he even voted for the Immigration Act 2014, which extended the powers of deprivation. Now he stands here pretending that he knows nothing of that and trying to play politics with such an important issue. He should reflect on that.