Why was the power to deprive on “conducive to the public good” grounds exercised more than 100 times in 2017, far more than in any other year (though figures for 2019-2021 are not yet available)?
And an interesting admission that the notification requirement which HMG seeks to remove by clause 9 of the bill has only once stood in the way of the deprivation power (in the D4 case which @SayeedaWarsi and I referred to in our 2nd reading speeches hansard.parliament.uk/Lords/2022-01-…).
Even that might bear further scrutiny: D4’s address, and that of her family, appear to have been known when the deprivation order was made: see judiciary.uk/wp-content/upl… at para 10 …
Even if a case for concealing citizenship deprivation from its subjects can be made out, where is the evidence base to support the breadth of the proposed power (“in the public interest”) and the absence of safeguards e.g. notification after the event?
In both these respects, clause 9 is a good deal harsher than its equivalents in New Zealand and even (wait for it) Australia – as @JOgilvieHarris points out here.
All this needs debating, which I hope we will achieve in @UKHouseofLords committee on 27 January, with a vote if necessary to follow some weeks later at report stage.
Finally, there is surely a strong case for a brief annual review of the Home Sec’s use of her citizenship deprivation power, most obviously by @terrorwatchdog who reviews other executive powers used for national security reasons. I have an amendment on that too.
Such independent review has proved an effective way of reassuring people that secret powers are being used properly – and of raising the alarm if, most unusually, they are not daqc.co.uk/wp-content/upl….
So it’s a shame that the one review which Parliament has required in this area – a 3-yearly review of citizenship removals resulting in statelessness – has not been repeated since I was asked to do the first one in 2016 assets.publishing.service.gov.uk/government/upl….
I was told in Sep 2020 that the review to July 2018 would be commissioned once a suitable person had been found to do it. It is now 2022: we don’t know whether the statelessness power has yet been used, and we have heard nothing more of either the 2018 review or the 2021 review.
If @ukhomeoffice were actively trying to promote suspicion about the use of these draconian powers, this would be a good way to go about it.
/End
Addition to this thread on citizenship removal: I further asked the Home Office if the power to make British citizens stateless had been used, and when the overdue 2018 and 2021 reports will be commissioned. Their answer to my question is recorded as, umm, overdue. #ironyalert
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Furore over HMG public order defeats should not distract from other important changes to #PCSCBill made by @UKHouseofLords last night: urgent review into spiking and injections,making misogyny an aggravating factor in sentencing many crimes (as a racial element already is) … /1
… imposing a statutory duty duty of candour on police, and scrapping the Vagrancy Act 1824 which makes it a crime to beg or sleep rough. /2
Those changes will go back to @HouseofCommons, which can accept them, amend them or play us at ping-pong (which they always win if they are sufficiently determined: we always defer in the end to the elected House). /3
Just attended an online Covid briefing with Sir Patrick Vallance, Chris Whitty &c. Only MPs and peers - almost 450 of us. Questions were uniformly concise, courteous, pertinent, well-informed and non-political: better on each count than we usually hear at press conferences. /1
Lots of fair challenges, esp on messaging. How can omicron be "doubling daily" when figures look stable? Publish staff absence rates, given it's a crucial issue? Map vaxed/non-vaxed hospital cases against vaxed/non-vaxed numbers in each age cohort, to make the case for vax? /2
Parliamentarians are right to push these points on behalf of an engaged and intelligent public - the scientists benefit, even when they have answers, and MPs can use what they learn to inform constituents and hold government effectively to account. /3
CHIS = covert human intelligence source legislation.gov.uk/ukpga/2000/23/…: put simply, an agent who for whatever reason (personal, financial, even patriotic) agrees to help the police, MI5 or others spy on suspected criminals. They are authorised under #RIPAlegislation.gov.uk/ukpga/2000/23/… /2
CHIS play a vital role in disrupting terrorism and organised crime. Over the past year, CHIS operations by @metpoliceuk alone are claimed to have led to 3500 arrests, recovery of 100 firearms and 400 other weapons, seizure of 400 kg of Class A drugs, and £2.5m cash. /3
It may have solved their political problems, at least in the Commons, but does not solve their legal ones. /2
The threat unilaterally to rip up important parts of the Withdrawal Agreement continues at least arguably to infringe the duty in article 5 WA to “refrain from any measures which could jeopardise the attainment of the objectives of this agreement”. /3
The fullest defence yet of #InternalMarketBill (contingent powers only; Brandon Lewis wrong) was given by Lord Keen at the start of today's @LordsEUCom Justice meeting. Video here, parliamentlive.tv/Event/Index/e2… transcript in a few days. A court commitment stopped me attending, sadly.
He took the same line as at today's PNQ hansard.parliament.uk/lords/2020-09-…, but had more time to set it out. In short #IMBill gives UK powers that may be needed to respond to a fundamental breach by EU of the WA or to exercise our rights under Art 16 of the NI Protocol or Art 62 VCLT.
Those conditions are not specified in the Bill (which is far broader than Keen's explanation could justify), and there was no evidence that HMG's fears are realistic or that this is a wise negotiating strategy. But intellectually, an improvement on previous defences (a low bar).
Lord Keen has defended the Government's position, and his own. His main point was that the Government has not asserted the power to depart unilaterally from a recently-agreed Treaty, just invited Parliament to consider the matter. Over to us! /1
So would it be OK for Parliament to pass a law allowing specific international commitments, recently accepted and passed into law, to be simply disregarded? Lord Keen (wisely perhaps) did not address the moral/reputational aspects of this, but pointed to a "precedent". /2
Not the Finance Act 2013, which may now have been quietly forgotten