That this House has considered E-petition 231521 relating to ISIS members returning to the UK.
It is a pleasure to serve under your chairmanship, Mr Howarth. The petition has been signed by more than 580,000 people—more than any other petition that the Petitions Committee has received in this Parliament. It calls on foreign fighters who travel to Iraq and Syria in order to join the terrorist organisation Daesh—also referred to as ISIS—to have their citizenship revoked. It has gained extreme momentum in recent weeks following the publicity surrounding the case of Shamima Begum, her efforts to return to the UK and the subsequent saddening news of the death of her infant child. Despite the actions of the baby’s mother, Jarrah was a British citizen guilty of no crime. I mourn his death. The case of Shamima Begum is complex and highly emotive, and it is still ongoing. The Minister will have access to realtime details of it, so I will make no further mention of it. Rather, I will discuss the petition text in the broad context in which it was originally started.
The terrorist threat facing the United Kingdom and other western nations comes not just from one front. Even as we debate this matter here today, details of a shooting on a tram in Utrecht are still coming through. I am sure that the thoughts of the whole House will be with everybody affected in the hours ahead. The horrendous atrocities in Christchurch on Friday serve as a reminder that terrorists claim to operate in the name of many different races and religions, on behalf of many groups and ideologies, and in different regions across the world. That is a timely reminder that a single, catch-all approach may not be the most suitable means of dealing with all terrorists. I will therefore use this opportunity to consider the petition text—the proposal that restricting the return to the UK of anybody who has decided to join a terrorist group, and removing their citizenship and passports, would help keep the UK safe from terrorists and their actions.
The Home Secretary recently stated that as many as 900 people who have been deemed to be a concern to our national security have travelled to Syria and Iraq to join terrorist organisations. About 20% of those 900 have been killed on the battlefield, 40% remain in the region and 40% have returned to the UK. That means that about 360 people who are deemed to be a security concern have travelled to Iraq and Syria and since returned. Of those 900 people, more than 100 have been deprived of their British citizenship.
Andrea Jenkyns (Morley and Outwood) (Con)
More than 11,000 of my constituents have signed the petition. I believe that enemies of our country should not be allowed back into it. Does my hon. Friend agree that British citizenship should not be taken for granted, and that the decision not to allow ISIS members back into the country will act as a deterrent to others who are thinking about betraying our country?
Luke Hall
My hon. Friend gets to the heart of the matter. The fact that so many of her constituents signed the petition demonstrates the strength of feeling in many communities. Later, I will look in a bit more detail at whether and when it is right to remove citizenship. I thank her for that intervention.
The petition text states that a ban on all foreign fighters returning to the UK would send a message to others that membership of terrorist organisations is not tolerated. That is representative of a concern raised by many people that, in recent years, our democracies have taken too lax an attitude in dealing with extremism, allowing people the freedom to act in unacceptable ways that contravene traditional British values. Many people who have contacted me since this debate was scheduled worry that a precedent is being set, and that people are allowed to act as they please with no fear of consequence, resulting in an environment in which people feel able to join terrorist groups without any retribution.
Is the hon. Gentleman aware that it is illegal under international law to strip away someone’s nationality if thereby they are left completely stateless?
Luke Hall
I thank the right hon. Lady for making that point. At the moment, I am trying to articulate the concerns of the people who signed the petition. In a minute, I will talk about my own thoughts on the petition text. I am very aware of the point she makes, and I thank her for doing so, but that cannot cloud the fact that a lot of people feel this, which has resulted in the huge support for the petition. Those who have contacted me feel strongly that these are reasons for change alone.
A number of people who signed the petition think that, when foreign fighters realise that the area they have travelled to is not the utopia they anticipated, they feel able freely to return to their old lives in Britain without being prosecuted, and that taking a stronger line in denying those people the right to return to the UK would remove a substantial burden from our police force, which is required to spend time and resources in responding to terrorism-related incidents. The police’s time could be better used on other issues to maintain security and keep people safe on our streets.
A third argument that has been put forward is that the Government could do more to ensure that people who travel to countries such as Iraq and Syria to aid and abet terrorism can be reliably prosecuted for their actions on return to the UK. At present, every person returning to the UK is questioned and investigated. The Government have made it clear that, wherever possible, prosecutions are brought. However, statistics show that, of the 360 people who have returned to the UK, only 40 have been successfully prosecuted. It is of course incredibly difficult to gather evidence from regions such as the territories held by Daesh. Most people recognise and understand the difficulties that are likely to arise in trying to build a case against foreign fighters in order to level a charge against them that can be successfully prosecuted when they are in those regions.
People support the new public offence of entering or remaining in a designated area, which will enable prosecutions to be brought against people travelling to regions that the Government have designated as a terror risk. Therefore, although deprivation of citizenship may be suitable in certain unique situations, there are advantages to establishing that broader approach while retaining the ability to strip citizenship if the circumstances dictate that that would be the best course of action to keep our country safe.
The hon. Gentleman is setting out well the concerns raised in the petition. Does he agree that we ought to look exceptionally at the idea of applying the declared area offence retrospectively? That unusual but not unprecedented measure could be a way of prosecuting many of the hundreds of people who have come back to this country and are escaping prosecution at the moment.
Luke Hall
The hon. Gentleman raises an extremely important issue. If that was something that our police and security services felt would aid them in their work, I would support it. We should consider our responsibility as a country for dealing with British nationals who have become radicalised by domestic terrorists. We should have faith in our British court system. If someone is born, raised and radicalised in Britain, it ought to be the British Government’s responsibility to hold them to account for their actions. They should be tried in front of a British jury by British judges, and held accountable to the standards required of our great legal system.
The precedent that blanket deprivation of citizenship, in contravention of international law, would set for other nations around the world should also be considered. Consider this scenario: a person from another country becomes radicalised by a terrorist group and has their citizenship from their country of birth revoked on the grounds of their eligibility for British citizenship. Were that individual’s country of birth to take the view that it wished to disown them, would it be right for the UK to be required to be responsible for the detention, rehabilitation and guarding of the future welfare of that individual?
Were such policies to be pursued by countries around the world, the extent of the problems created would be untold. For example, suspected terrorists would end up littered across the globe, with no state prepared to take them, own them and prosecute them for their crimes. Some countries could choose to go further and cancel citizenship for someone who has committed a crime at any point while they are away from their country, which would render them the responsibility of whichever state they happen to be in at that particular time.
Part of the solution to the question can be found in the Counter-Terrorism and Security Act 2015, which introduced temporary exclusion orders enabling the Secretary of State to render invalid a foreign fighter’s British passport and require that individual to apply for a permit to return to the United Kingdom—that was clearly a positive step. In some cases, the severe penalties for failing to comply, including lengthy prison sentences, go some way to providing a deterrent—my hon. Friend the Member for Morley and Outwood (Andrea Jenkyns) mentioned this—to people considering making the journey to join terrorists groups.
We should acknowledge that the circumstances are different in every case, so the approach that we adopt must allow Ministers, informed by this country’s security services, to evaluate every instance based on its own circumstances. A framework that allows that to happen effectively is required. We must be able to demonstrate that membership of terrorist organisations is never tolerated under any circumstances, and provide a greater deterrent to people considering becoming a foreign fighter. That can be effective only as part of a wide-ranging Government framework for tackling the problem head-on and confronting it at an earlier stage.
It is good to see you in the Chair, Mr Howarth, and it is a pleasure to follow that very measured and balanced opening contribution from the hon. Member for Thornbury and Yate (Luke Hall). It is unfortunate that the debate clashes directly with an urgent question in the main Chamber about far-right violence and online extremism in the wake of the Christchurch terrorist atrocity. That means that a number of us have had to choose between one and the other, which we did not originally think would be the case.
I will set out why I do not agree with the central proposition of the petition. The Government could be far more effective in tackling the menace of foreign fighters returning to the UK. Their current measures probably alienate people on most sides of the debate, and not for the first time.
It is abhorrent for anyone who claims to be British, who was born here and who has benefited from the manifest advantages that our country and society offer our citizens, to declare themselves effectively in opposition to everything that the UK stands for, to go as far as to travel to another country to take up arms—or to aid those taking up arms—fundamentally against the British state, and to aid actions that could result in members of the British armed forces being killed on the battlefield. Why, then, although I sympathise with its aims, do I think that the petition is wrong? There are two reasons.
The first is on the grounds of effectiveness. If we pronounced that no British citizen who went abroad as a foreign fighter would be allowed to return to the UK, we would essentially be tearing up long-standing international agreements on the exchange of citizens. That would make this country less, not more, safe, which is the opposite of the petition’s intention.
In the wake of the focus on the Shamima Begum case, I asked the Home Office to list the number of foreign citizens whom it has attempted to deport from the country, both for terrorist-related reasons and for other reasons. The officials who drafted the parliamentary answer on behalf of Ministers said that that information was not available. That sounds absurd; of course the Government know how many foreign nationals they have deported over recent years. The Government should be open about figures, particularly when that information probably stands to strengthen their overall position, which is to adhere to international rules on deporting citizens who are guilty of sufficiently serious offences.
Does my hon. Friend agree that telling first-generation British citizens of Bangladeshi origin that their citizenship can be stripped from them at will is potentially counterproductive, and that Shamima Begum should have been brought home, interrogated, and put on trial if that was the right thing to do?
I thank the right hon. Lady for that intervention. Yes, I believe strongly that Shamima Begum should be brought home and put on trial. The possibility that there is insufficient evidence to try her is deeply alarming, however, and I will come on to how the system ought to be strengthened. Anyone who looks at the case, apart from those from a narrow and legalistic background, will see a woman who travelled over to the so-called caliphate of Islamic State with the express intention of supporting it. She admitted that openly to the journalists who found her and who interviewed her subsequently. She admitted to supporting the caliphate as part of a community. How on earth can she not be prosecuted for terrorist offences? If the legal position is that proof is needed of the active aiding and abetting of violent acts, or of carrying out such acts directly, clearly the legislation is far too lax.
That is the first point on which I want the Minister to come back to me on, although I understand that she is standing in for her colleague, the Security Minister. By the way—if this is not too much of a detour, Mr Howarth —I commend the Minister, probably on behalf of everyone present and of much of the House, on what she apparently said on the margins of a vote to the former Foreign Secretary, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), about the issue of historical child abuse. I will say no more than that and I do not expect her to comment on it for Hansard.
We should ensure that the terrorism laws are fit for purpose. If people go over there and admit to being part of and in general support of that organisation, in whatever way, that means that they are guilty of a terrorism offence, and they should be prosecuted for it. Some of my colleagues and I have long pushed for an Australian-style declared areas offence in British law—to be fair to the Security Minister, he was also on that track. That is finally being done, although it is being weakened in a way that I am concerned about, but let us see. It is good for it to be on the statute book. The Iraq and Syria conflicts will not be the only such conflicts so, in future, with such an offence, a case could be made against someone simply for going to an area that has been prohibited.
It is a pleasure to serve under your chairmanship, Mr Howarth. I thank the hon. Member for Thornbury and Yate (Luke Hall)—something I have not said before—for setting out the petition so well. It can be quite difficult to do that in a balanced way on such a sensitive issue, but he handled it very well. He spoke of the declared area offence, which is intended to make it easier to convict those who travel to conflict areas. We tried to put appropriate safeguards in place, and we welcome the measure, provided that those safeguards are in place. I join him in sending our condolences to those involved in the atrocities in Utrecht and Christchurch—an urgent question is being asked about that in the Chamber. It is important to remember the victims of extremists and terrorists.
The hon. Member for Barrow and Furness (John Woodcock) mentioned the clash between this debate and the urgent question in the Chamber. I am curious about why we are often quick to label far-right violence and extremism as that, rather than as terrorism. We are quick to describe members of Daesh and al-Qaeda as terrorists, but we seem to talk about the far right in stages; we call it extremism and violence, and only after a certain amount of time do we call it terrorism. I am a little uncomfortable with that, to be honest.
I jokingly said before the debate that I do not think the hon. Member for Barrow and Furness and I have ever knowingly agreed on anything since my election in May 2015. However, halfway through his speech I found myself agreeing with almost everything he was saying—I even said, “Hear, hear” at one point. That was a shock to both of us. We did diverge at one point, where we have subtle differences of opinion, but I welcome much of what he said. He made a good point about the impact on international relations in an incredibly sensitive area if we were to disallow the return of Daesh terrorists to the UK. His point about social media companies is incredibly important. I think we would all accept that there has been an improvement in those companies’ reactions with regard to taking down content and so on, but too often their reaction is still far too slow. There is still a long way to go with regard to social media platforms doing their bit.
In the light of the terrorist atrocity in Canterbury, New Zealand, this debate about a petition that quite correctly expresses horror and condemnation of terrorism, whatever its source, is extremely timely. The petition expresses a deep sense of anger about terrorism, but it also poses the very important policy question, “What are we going to do about returning foreign fighters?”
Government Members said that British citizenship should not be taken lightly. You do not have to tell the daughter of West Indian migrants that British citizenship is a pearl beyond price. I do not take it lightly, my parents did not take it lightly and I do not believe the parents of some of these foreign fighters take it lightly. I do not think the contention that, because someone’s parents or grandparents migrated from somewhere, they do not take the notion of being a British citizen very seriously, stands up.
A lot of this debate revolves around the particular case of Shamima Begum. I have said before in the House—I will repeat it, for the avoidance of doubt—that Shamima Begum made some very bad, very stupid and quite possibly illegal choices. She has also made some terrible statements in the media. I do not, and Labour does not, sympathise with or excuse her views or her actions. What we on the Opposition Front Bench are concerned about is what should be done genuinely to make this country safer.
On the question of Shamima Begum, we have to recognise that she was just 15 when she left this country to join ISIS. She had clearly been groomed in her bedroom by the disgusting agents of ISIS. There has been talk from Members who seemed to imply that she is wholly responsible for her fate; I thought that since the Rotherham child sex abuse cases the House had moved beyond blaming 15-year-olds who had been groomed entirely for their fate.
We have recently discussed cases of British people being deprived of their citizenship, including Shamima Begum. We now learn that other British women were made stateless under the previous Home Secretary, but in secret. At least the current Home Secretary has disclosed, with a little prompting, that he has made someone stateless, which is an improvement on his predecessor. However, he seems unable to tell us if he has received any advice from MI5 or MI6, and what they have said about his decision to strip Shamima Begum of her citizenship. He is unable to clarify what other legal advice he may have received.
It is a pleasure to serve under your chairmanship, Mr Howarth. May I join colleagues from across the House in reflecting on the fact that the debate follows upon the weekend’s terrible events in New Zealand and Surrey and, today, Utrecht. As has been said before, we will reflect on the fact that terrorism takes many forms but the purpose of terrorist acts is to undermine the rule of law, to frighten, and to put a stop to the values that we hold dear in western society. It is sickening that people choose to undermine our societies by killing the most innocent of people—people going about their daily lives, whether at a place of worship or in a car park as they go about their day-to-day business in a working day.
Many colleagues are in the main Chamber, focusing on the issue of far-right violence and online extremism, and bearing that in mind I thank my hon. Friend the Member for Thornbury and Yate (Luke Hall) for the measured and balanced way in which he opened the debate. It is quite something that the petition has secured some 570,000 signatures which, as my hon. Friend told us, makes it the most heavily endorsed petition to have come before the House. It is with those great expectations of the public weighing heavily on our shoulders that I hope to answer some of the points raised today.
Can the Minister provide the House with figures about the number of far-right terrorists we are engaged with, or who are perhaps currently going through the Prevent programme?
I am sorry; I was talking about the people who signed the petition. I do not understand the link. Perhaps the right hon. Lady could clarify.
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The measures that the UK’s counter-terrorism strategy takes to prevent people from becoming radicalised in the first place are vital to ensure that risk is minimised. I support the Government’s Prevent strategy and the Counter-Terrorism and Border Security Act 2019, which updates offences relating to the obtaining and sharing of terrorism-related materials. I was pleased to sit on the Public Bill Committee for that Bill as it was steered through the Commons. The new legislation ensures, for example, that material that is only viewed or streamed—rather than downloaded to form a permanent record—is also now considered an offence. There is room for the Government to go further. A July 2018 report, co-authored by the Chair of the Select Committee on Foreign Affairs, considered the possibility of designating treason as a new offence.
The matter of how the UK ought to deal with returning foreign fighters is clearly complex. Although a number of arguments support proposals to remove the citizenship of anybody who decides to travel to Syria or Iraq to join Daesh or any other terrorist organisation, evidence shows that adopting a catch-all solution is not always so simple. With the Government’s Prevent and Contest strategies, along with the new Counter-Terrorism and Border Security Act 2019, I feel confident that we are taking positive steps, but more can be done.
What steps is the Minister’s Department taking to build a case for prosecuting people who have travelled to regions such as Iraq and Syria? What assurances can she give that the legislative framework is now in place to prosecute effectively any returning foreign fighters? What more are the Government doing to improve the prosecution rates of people who we know have been in the region and are a threat to our national security when they return to the UK? Finally, what consultation has she had with our security services and police forces to get a better understanding of what further powers they would like us to legislate for?
I conclude by sending my condolences to everybody affected by the attacks in Utrecht and in Christchurch. A tough and balanced approach from the Government will allow us to uphold our principles of access to justice while continuing to be one of the safest countries in the world, with security services that are the envy of the world.
I would be surprised if the figures, once we have them, do not show that, overall, the UK has deported more foreign extremists from our territory over the past five, 10 or 20 years than it is looking to accept back via deportation. Therefore, if we were to declare unilaterally that we will no longer accept British people back from foreign countries, not only would we be in breach of international rules, but why then would any other country accept back one of its nationals who has been found guilty, or is even suspected—people can be deported on the basis of less than a full conviction by a British court—of committing a terror offence. That approach could spectacularly backfire.
The second reason is a moral one, and I believe this strongly. When British society has created the problem—Shamima Begum was born in Britain, she is a British person and she was radicalised in Britain—she is our problem to sort out. How is it acceptable for the Government to deport the problem to another country through whatever strangulated means they used and without fully explaining them? In such circumstances, surely we need to be careful about the message we are sending as lawmakers. I am afraid that statements such as, “These people aren’t really British”, often have an undercurrent of meaning—that such a person does not look right, that they do not have the same skin colour as a British person or dress in the same way or follow the same religion as a British person. That is fundamentally wrong. We are an open society. We welcome people in and, once someone has been born here or has been accepted as British, that is it. We need to make our society work and to be far better at rooting out extremism in our country and in our communities, but the Government are not doing that sufficiently well enough.
We should pay attention not to stopping those Brits who have gone over and committed atrocities coming back, but to finding a way properly to prosecute them for any evil acts they might have done. That would be the deterrent effect to stop future generations going over.
As I mentioned in my intervention on the hon. Member for Thornbury and Yate, a potentially severe threat to national security is posed by the hundreds of returnees whom it is apparently not possible to prosecute—or the enforcement agencies are not willing to prosecute them—so, in these serious times, we should make that law retrospective to cover people who went out to the area during the conflict with Daesh, to make it possible to prosecute them. If they had good reason to be there—they were genuinely part of an aid mission or were there with journalists, for example—they will be able to prove that.
What is palpably obvious, however, is that the majority of those returnees went over to support the caliphate. The failure to prosecute, or the apparent unwillingness to countenance such radical measures to hold them to account, leads people to lose faith in our judicial system and to favour the kind of measures set out in today’s petition. If the Minister cannot give an answer, I would very much appreciate one from her colleague.
The Government have announced a review of the Prevent programme. It is important for Members in all parts of the House—unfortunately, in particular, those in the Opposition—not to undermine and damage the purposes of the Prevent programme by, in essence, mimicking the criticism pushed forward and pumped into our communities by Islamists determined to delegitimise the intervention of the British state. Too many times in recent years, we have seen good people in effect taken in by the idea that the British Government should in some way not get involved at all in such issues. That is a deliberate strategy—it is exactly what Islamists of different shades, from the apparently non-violent to those committed to violent jihad, have intended to do, and it is very dangerous.
I hope that the Government will reflect on the culture of secrecy that they still maintain on this issue. We recognise that there are difficulties and that it can be awkward to talk about the lack of success, but the Government are doing themselves no favours by making it difficult to drag out information about their measures to tackle extremism. It took months for me to prise out of the Security Minister the figure of 40 successful prosecutions, and the Government still refuse to give any details of the nature of those prosecutions, despite repeated requests from journalists. In a recent meeting of the Home Affairs Committee, the Home Secretary, with the permanent secretary sitting next to him, agreed to my request to look at that issue. I would like a response soon.
It is a total fallacy to suggest that the British state’s inefficiency in prosecuting people can be kept secret. The Government may be worried that a message is going out to communities that people can get away with extremism, but there are hundreds of people who are living examples of that message. Government secrecy will not prevent potentially vulnerable people from finding out. With respect, I suggest it is solely a measure to cover the Government’s embarrassment. If they want co-operation across the House to find more effective ways to prevent extremism, they need to begin with more transparency.
Like the hon. Member for Thornbury and Yate, I hope that the Government are looking realistically at modernising treason laws. We should not simply stick that on a press release to sound more draconian and in touch with the 19th century; in these difficult times, we ought to examine that closely. I would welcome an update from the Government: what steps are they taking to look at how the law could be modernised to apply to the current situation?
Toughening up our data-sharing laws could be an important part of stopping foreign fighters before they make the journey abroad. There was debate in the main Chamber about the proposed data-sharing agreement with the United States, which I do not propose to rehearse. In recent days, following the appalling tragedies in Christchurch, social media companies have been unwilling to acknowledge their responsibility and the impact they can have. I have not tried to look for the video, shared far too readily on social media, of deeply distressing images of peaceful Muslims being gunned down as they went to pray. It is shocking that social media companies refused to pull the plug on their platforms while the vile video was being shared, which clearly could incite further acts of terror.
There is something deeply wrong in the relationship between community, Government and the social media giants. An effective way to address that could be to take down the platforms in international emergency situations. A palpable contribution to fighting the extremism that leads people to go to foreign lands could be to require companies to share with Government the IP addresses and log-in details of every user who hosts extremist content that companies take down.
Social media companies are getting better, although far slower than we would like, and are upping their game at taking down extremist materials. But there is a weird situation because, although far more is being taken down than just a year ago, the vast majority disappears into the ether. Every time that extremist material is shared online, spotted and taken down is an opportunity for Government to spot someone who has been or is being radicalised. That is better than waiting until it is too late, when they have committed a terrorist act on British soil—God forbid—or have become foreign fighters or supporters of foreign fighters abroad. The Government can do so much more. In this debate and in the weeks ahead I hope they will step up their fight.
There is no doubting the gravity and importance of this issue and of the petition. We must all recognise that there is a deep sense of anger in the country. That is evidenced by the nearly 600,000 signatures on the petition, 582 of which came from my constituency. Regardless of our opinions on the petition or anything else, we are all deeply concerned about the threat from Daesh, al-Qaeda and other terrorist organisations and ideologies. I very much feel the anger—I hear it in surgeries, and I get emails the same as everybody else—of those who signed the petition. However, I do not agree with the solution they call for.
The petition asserts that removing citizenship from Daesh members would keep the UK safe from terrorism, but that is fundamentally flawed and, as we heard, flies in the face of international law. The UK must meet its international obligations, allow the return of its citizens and ensure that they face the full consequences of their actions. If we do not take responsibility for that, on whose shoulders should it fall? Stripping extremists and terrorists of their citizenship would leave a line of angry, radicalised and violent people in post-conflict regions and give them, through their extremist lens, further reason to wish violence upon the people of our countries.
Alex Younger, the chief of MI6, insisted that although he is “very concerned”—as we all are—about the individuals making their way back from Syria and elsewhere in the region, British nationals have a right to come to the UK. The Times also reported that MI5 sees individuals who have joined Daesh as potentially valuable intelligence assets in continuing the fight against Daesh and its murderous ideology at home and in the region.
However, no one who has fought for or assisted a terrorist group will ever face a warm welcome on their return to the UK. Many of these fighters have committed unimaginable acts of terror and violence against innocent people in the name of a fascist ideology; of that there can be no doubt. It is vital that we recognise that if a UK citizen becomes isolated from society and susceptible to radicalisation, it is we—our society and our Government —who failed to prevent that. As has been said already, if the UK allows radicalisation to happen, it is our responsibility to make amends and bring the UK national in question to justice.
Having been the SNP’s Front-Bench spokesman on the Counter-Terrorism and Border Security Bill—I am sure that I took interventions from the hon. Member for Barrow and Furness—I very much look forward to the review of the Prevent strategy that the Opposition secured during the Bill’s passage. We will seek to ensure that the review is independent and that its scope is wide enough for it to be truly effective. The point was made earlier that that is not about watering down our approach to Prevent; I say in response that it is about ensuring that it is effective, which I think we all want.
Between 2014 and 2017 there was a dramatic rise in the number of UK citizens who lost their citizenship, so will the Minister carry out a full review of the powers available to the Home Office to strip an individual of their citizenship? Statistics show that citizenship deprivation was used only a handful of times a year, but its use rocketed from 14 times as recently as 2016 to 104 times in 2017. Under the Immigration Act 2014, the UK Government are required to carry out a review of the Home Secretary’s power to revoke citizenship. The first such review was conducted in 2016 by the eminent QC David Anderson—he is now Lord Anderson—in his capacity as the independent reviewer of terrorism legislation, but no subsequent review has been published, and the position of independent reviewer is currently vacant. The next review would need to cover the period from July 2015 to July 2018.
On that note, it is worth considering these comments by Duncan Lewis Solicitors:
“The power to deprive UK citizens of their citizenship can only be used against the children of immigrant parents—meaning that the application of the policy is inherently discriminatory. It cannot be used on a white English person with white English parents.”
That aspect of the current powers must surely be dealt with in the next review to address fully the obvious concerns about the policy.
The Home Secretary also has powers to ensure that foreign fighters can return to the UK to face justice, and powers that would enable him to manage the return of foreign fighters. Provided he reasonably suspected that an individual had been involved in “terrorism-related activity” and posed a threat to security in the UK, he could impose a temporary exclusion order, which have been mentioned, under the Counter-Terrorism and Security Act 2015. That would permit return only on strict licence conditions. If an individual was still considered a threat to national security, further restrictions could be imposed on his or her liberty through a terrorism prevention and investigation measure, or TPIM. It may be possible to prosecute under the Terrorism Act 2000, which includes offences of being a member of, or aiding and abetting, a proscribed terrorist organisation.
I shudder to think what state we would find our world in if all countries abdicated responsibility for the terrorists born in their country. The UK has been described as being in the “vanguard of citizenship deprivation”, with an approach that contrasts starkly with that of other European countries, such as France and the Netherlands, which have returned their citizens from Iraq and Syria to face justice at home. In a recent similar case, Ireland most likely will not revoke the citizenship of a Daesh fighter returning there. Even Donald Trump tweeted that the UK should “take back” Daesh fighters captured in Syria and “put them on trial.” Surely that shows just how out of step with the rest of the world we have become.
I have not mentioned her by name thus far, although she has been brought up, but the reason this issue has gained so much attention of late is of course the case of Shamima Begum, who had her citizenship revoked by the Government—a move I wholeheartedly disagree with. Surely she must come to the UK to face justice. What has not gained the same attention is the death of her son, Jarrah, an innocent newborn baby and a British citizen who died in a refugee camp in Syria—a child who, if he had returned, may eventually have gone on to live a normal life in the UK. I hope that the Government reflect on their actions, or lack thereof, in that case.
Our position is clear: the UK bears responsibility for all its citizens, and the actions of the Home Secretary are to be condemned. It is time for Daesh members to come back to the UK and face justice.
It is not clear what steps, if any, the Home Office took to ensure the safe return of Shamima Begum’s son, Jarrah, who was a British citizen and who was born before the Home Secretary’s decision. That son now lies dead. Shamima Begum has buried three babies in Syrian soil in less than a year. Will the Minister tell us whether there will be coroner’s inquest for Jarrah and whether the Home Office is willing to facilitate contact between Shamima Begum and her legal representatives?
When we debated this issue, the Home Secretary repeatedly hid behind the words that he cannot talk about individual cases. He appears to be pretending that Shamima Begum’s case is somehow sub judice and therefore cannot be safely discussed. I put this as kindly as I can: that is nonsense, as everyone knows—the Speaker had to point this out. The Home Secretary had no compunction about naming Shamima Begum directly, for the benefit of 400,000 readers of The Times in an article he wrote on 17 February. That article was headed:
“If you run away to join Isis, like Shamima Begum, I will use all my power to stop you coming back”.
He clearly had no problem discussing an individual case then. Can Ministers not see that that defence will not do?
The House can only speculate what line of defence Ministers will take when the almost inevitable legal challenge to their decision comes, if not in this case then in other cases. I remind Ministers that they have lost twice in court when attempting to strip British citizens of Bangladeshi descent of their nationality. As Ministers like to remind us, the duty of the Government is to ensure the safety and security of all our citizens. I contend that it is not for Ministers to pick and choose who enjoys those rights; it is a matter of law. One is almost obliged to ask Ministers if they regard it as their duty to uphold the law and to defend British citizens, such as the defenceless baby, Jarrah.
Let me remind the House of article 15 of the universal declaration of human rights, which says:
“Everyone has the right to a nationality…No one shall be arbitrarily deprived of his nationality”.
Could the legal position be any clearer? The idea that Ministers can unilaterally deprive British citizens of their nationality and render them stateless is clearly contrary to international law. Hopefully, the Minister will explain how she proposes to get away with that. Shamima Begum had only one nationality; now she has none. The same applied to her children. The Home Office decision, which I contend was clearly against international law, has deprived them all of their citizenship.
Citizenship entails obligations as well as rights. The basic obligations include not breaking the law of the land. If Shamima Begum and others in similar circumstances have broken the law, they should be allowed to return, but they should be investigated, interrogated and, if appropriate, prosecuted. They are the responsibility of the British Government. We are talking about British citizens. If Shamima Begum or anyone else is identified as representing a threat, our judicial system is there to deal with it. We are a country of laws, and it should be clear that dealing with a threat is preferable to not dealing with it, and dumping it on foreign countries.
Ministers like to say that they are acting in defence of us all from the terrorist menace. We see from Christchurch, New Zealand, that the terrorist menace, whether Islamic or far right, is real, but does anyone seriously claim that Shamima Begum was more dangerous than the upwards of 400 foreign fighters who have returned from conflict zones, having fought for ISIS, al-Qaeda or their disgusting offshoots or splinter copycat organisations? It is reported just 40 of those fighters have faced any charges, and that the others remain at liberty. We need a more systematic approach and a proper programme for returning foreign fighters—perhaps an extension or an enhancement of the Prevent programme—but the idea that one 19-year-old girl with a two-week-old baby was somehow more dangerous than the 400 foreign fighters who have already returned seems to me to be a difficult position to defend.
No less a person than the President of the United States, Donald Trump, has said that European countries ought to be prepared to take their foreign fighters back from Syria and related territories, and put them on trial, where necessary. It is not often that I find myself agreeing with the President of the United States, but on this point he is correct. How can we expect other countries and jurisdictions to deal with British citizens who have broken British law?
Returning foreign fighters are a real threat to our security. That is a genuine terrorist threat, and I contend that the Government have yet to respond to it adequately. We cannot ignore the fact that there are many hundreds of British foreign fighters in Syria and associated areas. We need a proper programme to deal with them. Arbitrarily stripping people of their citizenship, contrary to international law, is not the answer, not least because it can be challenged in court.
Instead of seeking cheap headlines and grandstanding against Shamima Begum, Ministers’ time would be better spent—and our security enhanced—by addressing the real risks and threats posed by foreign fighters, and understanding that if they are British they are Britain’s responsibility and should be subject to the British criminal justice system. As the security services have said in the past, we need a genuinely tailored programme to deal with the threat. It cannot be a case of knee-jerk reactions to newspaper headlines. Some 400 foreign fighters have returned to this country; we need a more systematic approach to keeping this country safe.