My Lords, I declare an interest as a trustee of the think tank British Future and as a member of the Joint Committee on Human Rights. In the time that has been allowed to the Joint Committee to scrutinise this legislation and whatever mechanism your Lordships’ House chooses, whether it is post-legislative scrutiny or the Joint Committee option, there are three brief matters on which I would still like to hear the comments of my noble friend the Minister. I thank him for outlining the important duties, privileges and obligations that naturalised British citizens have. As an 18 year-old on a gap year, I took what was perhaps an unwise journey to northern areas of Ghana, which were known at that time for their instability, but I had most wisely packed my British passport. When civil disturbance arose, I literally clung to my British passport, knowing that of course the embassy would help to rescue me if I needed it. At that young age, I realised what a privilege it indeed was to have British citizenship and a passport.
I will outline those three brief matters. First, much mention has been made of the potential to undermine the position of the United Kingdom in relation to human rights laws on the international stage. It is important to give two current examples. In November 2012, 31 Bahraini citizens were deprived of their citizenship for “undermining state security”. When given the opportunity to sit in front of some Bahraini politicians, I outlined the position in relation to those cases, which arose in the context of civil protest. I was met with the retort, “Well, you do this too”. “Yes”, I said, “but we don’t do it to leave someone stateless”. The second example would be that there has been much mention
in your Lordships’ House of the plight of the Rohingya Muslims in Burma, who do not enjoy citizenship. I therefore struggle to see how representations could be so forcefully made about them being entitled to citizenship if the Burmese Government are able to use similar language to that being outlined in the legislation.
Secondly, although it may well be that this clause does not place us in breach of our treaty obligations in international law, as I understand it neither would reintroducing the death penalty, yet moving to re-enact that is not a trajectory that many of your Lordships would wish to see. One of the circumstances that were not commented on in Committee in your Lordships’ House is this situation. If it seems that we can deprive people of their nationality while they are, for instance, in Syria and do not then have to readmit them to the UK, what would happen in the unfortunate situation of having people within our borders who have managed to get some kind of visa to be in this country and are perhaps unsavoury if their country of origin deprives them of their citizenship, so that we are left with a little oasis of stateless citizens in the UK? I am slightly too young to remember properly the tit-for-tat diplomatic spats of the Cold War, but is it really too much to imagine that there could be a tit-for-tat deprivation of the citizenship of people in different jurisdictions around the world?
Thirdly, I would like to outline the impact on the next generation, which has perhaps not been fully explored in relation to this new power. There are, of course, implications for the nationality and citizenship of the children of those who have been deprived of their citizenship. I am grateful to my noble friend the Minister for clarifying that the power will not apply, as I understand it, to people who acquire their citizenship by way of registration, who are often the children of someone who is naturalised—such people who are under 18 acquire their citizenship by registration. I would be grateful if my noble friend the Minister could outline the views of the Government about the effect on the next generation of children, who potentially have parents who are stripped of their nationality. This would make contact with that parent perhaps not impossible but significantly more difficult. Perhaps we might be at risk of sending a message to those children and perhaps having the same unfortunate effect as did certain of the powers that we used in Northern Ireland when we had a similar security situation.