My hon. Friend raises the important issue of people who may have trained and fought in Syria potentially coming back here radicalised and with the desire to do us harm. I am sure that is a matter of concern throughout the House. As I have indicated, I believe the power in question would be exercised in a limited number of cases, but it is important that the
Government have it. As I have said, they had it until about 10 years ago, then the law was changed to reduce their ability to take action against those acting in a way that comes under the definition of “seriously prejudicial” to us. It is important that we have such a power, but I am not in a position to say to my hon. Friend that I will suddenly use it in a number of circumstances. The power will be used on a case-by-case basis, but, as I have indicated, I expect that it will be used in a very limited number of circumstances.
I will conclude my remarks on new clause 18 by stating again that it is consistent with our obligations under international law and, as I have said, it was a power we had for most of the past century. It is a carefully constructed measure designed to give effect to our declaration under the UN convention on the reduction of statelessness, but it goes no further. My officials, together with those from other relevant Departments and in consultation with our in-House legal advisers, conduct the research and provide a recommendation on each case, but these are decisions that I—or, on the rare occasions I am not available, another Secretary of State—will review and sign off personally. The persons subject to provisions in the new clause will continue to be afforded an independent right of appeal, retaining an avenue of judicial redress. This is not about arbitrarily depriving people of their citizenship; it is a targeted policy that will be used sparingly against very dangerous individuals who have brought such action upon themselves through terrorist-related acts. I urge the House to conclude that new clause 18 is a proportionate and necessary measure.
New clause 13 stands in the name of the right hon. Member for Delyn (Mr Hanson), and I will wait to hear what he says and respond to the issues he raises. New clause 15 has been tabled by my hon. Friend the Member for Esher and Walton (Mr Raab), and I will make a few comments about it. I respect the fact that he will speak about his own new clause, so at this point I will not go into all the detail but will simply set out a few points.
I think we are all agreed across the House—this is one of the things the Bill tries to do—that we want to enhance the ability of our country to deport foreign criminals from the United Kingdom where it is appropriate to do so. The Government have taken a simple position on article 8 of the European convention on human rights, which is that our judiciary have not been interpreting it in the way we believe it should be interpreted, because it is a qualified right in the European convention itself. Having changed the immigration rules, and that not having had the effect we desired, we are now putting it into primary legislation and ensuring that we clarify absolutely what the qualified interpretation of article 8 should be in relation to the Government’s ability to remove people from the United Kingdom. I believe that is an important change that the public, as well as Members of the House, would wish us to put through. It is right that the Government are taking this opportunity to include that measure in the Bill. We all have a shared desire to ensure that we enhance our ability to deport foreign criminals.
My hon. Friend the Member for Esher and Walton has tabled a new clause that would amend the Bill, but I think that some aspects of it would not strengthen our
ability to deport foreign criminals, but could actually weaken it. Other aspects of the language he uses might indeed strengthen our proposals.