Making UK Citizens Stateless: Full Text of the Lords’ Debate on Theresa May’s Citizenship-Stripping Powers, March 17, 2014

Yesterday, I published an article entitled, “The UK’s Dangerous and Unacceptable Obsession with Stripping British Citizens of Their UK Nationality,” in which I examined the disturbing trend, under Home Secretary Theresa May, to strip naturalised UK citizens (dual nationals, in other words) of their nationality without any form of due process if she suspects that they have done something “seriously prejudicial” to the UK.

In particular, my article covered Theresa May’s latest plan to extend these tyrannical powers to “deprive someone of their citizenship even if that would make them stateless, but only if the citizenship has been gained through naturalisation and the Home Secretary is satisfied that the deprivation is, in the words of a government new clause introduced by her in the House of Commons, ‘conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom.'”

The words above, by Baroness Smith of Basildon, are from a debate in the House of Lords on March 17, 2014 on Theresa May’s proposals, which are contained in Clause 60 of the proposed new Immigration Act (and entitled, “Deprivation if conduct seriously prejudicial to vital interests of the UK”). Baroness Smith also noted, “Currently, the law allows the Home Secretary to deprive a person of their citizenship status for two reasons: first, if the person acquired it using fraud, false representation or concealment of a material fact; or, secondly, if the Home Secretary is satisfied that, in doing so, it is conducive to the public good and that the person would not be left stateless as a result. Clause 60 seeks to amend the second condition to, in the words of a Minister in the other place, ‘ensure that individuals who are a serious threat to this country cannot retain citizenship simply because deprivation would leave them stateless.'” Read the rest of this entry »

The UK’s Unacceptable Obsession with Stripping British Citizens of Their UK Nationality

In January, Theresa May, the British Home Secretary, secured cross-party support for an alarming last-minute addition to the current Immigration Bill, allowing her to strip foreign-born British citizens of their citizenship, even if it leaves them stateless.

The timing appeared profoundly cynical. May already has the power to strip dual nationals of their citizenship, as a result of legislation passed in 2002 “enabling the Home Secretary to remove the citizenship of any dual nationals who [have] done something ‘seriously prejudicial’ to the UK,” as the Bureau of Investigative Journalism described it in February 2013, but “the power had rarely been used before the current government.”

In December, the Bureau, which has undertaken admirable investigation into the Tory-led mission to strip people of their citizenship, further clarified the situation, pointing out that the existing powers are part of the British Nationality Act, and allow the Home Secretary to “terminate the British citizenship of dual-nationality individuals if she believes their presence in the UK is ‘not conducive to the public good’, or if they have obtained their citizenship through fraud.” The Bureau added, “Deprivation of citizenship orders can be made with no judicial approval in advance, and take immediate effect — the only route for people to argue their case is through legal appeals. In all but two known cases, the orders have been issued while the individual is overseas, leaving them stranded abroad during legal appeals that can take years” — and also, of course, raising serious questions about who is supposedly responsible for them when their British citizenship is removed. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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