New Clause 19 - Notice of decision to deprive a person of citizenship

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4th November 2021.

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“(1) In this section, ‘the 1981 Act’ means the British Nationality Act 1981.

(2) In section 40 of the 1981 Act (deprivation of citizenship), after subsection (5) (which requires notice to be given to a person to be deprived of citizenship) insert—

‘(5A) Subsection (5) does not apply if it appears to the Secretary of State that—

(a) the Secretary of State does not have the information needed to be able to give notice under that subsection,

(b) it would for any other reason not be reasonably practicable to give notice under that subsection, or

(c) notice under that subsection should not be given—

(i) in the interests of national security,

(ii) in the interests of the relationship between the United Kingdom and another country, or

(iii) otherwise in the public interest.

(5B) In subsection (5A), references to giving notice under subsection (5) are to giving that notice in accordance with such regulations under section 41(1)(e) as for the time being apply.’

(3) In section 40A of the 1981 Act (appeals against deprivation of citizenship), for subsection (1) substitute—

‘(1) A person—

(a) who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or

(b) in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,

may appeal against the decision to the First-tier Tribunal.’

(4) In the British Nationality (General) Regulations 2003 (S.I. 2003/548), in regulation 10 (notice of proposed deprivation of citizenship), omit paragraph (4).

(5) A failure to comply with the duty under section 40(5) of the 1981 Act in respect of a pre-commencement deprivation order does not affect, and is to be treated as never having affected, the validity of the order.

(6) In subsection (5), ‘pre-commencement deprivation order’ means an order made or purportedly made under section 40 of the 1981 Act before the coming into force of subsections (2) to (4) (whether before or after the coming into force of subsection (5)).

(7) A person may appeal against an order to which subsection (5) applies as if notice of the decision to make the order had been given to the person under section 40(5) of the 1981 Act on the day on which the order was made or purportedly made.”—

This new clause (to be inserted after clause 8) provides for the disapplication of the requirement to give notice of a decision to deprive a person of citizenship in certain circumstances, and for any failure to give the required notice not to affect the validity of pre-commencement deprivations of citizenship.

Brought up, read the First and Second time, and added to the Bill.