Clause 70 - Commencement

Part of Nationality and Borders Bill – in a Public Bill Committee am 4:15 pm ar 2 Tachwedd 2021.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Craig Whittaker Craig Whittaker Assistant Whip, The Lord Commissioner of HM Treasury 4:15, 2 Tachwedd 2021

New Clause 19 allows the Secretary of State to amend section 40 of the British Nationality Act 1981 to permit that in certain limited circumstances a notice of deprivation does not have to be given to the person concerned, either where there is no way of communicating with them or where to make contact would disclose sensitive intelligence sources. To deprive someone of British citizenship is very serious and is rightly reserved for those whose conduct involves very high harm or who obtained their citizenship by fraudulent means. However, it cannot be right that the proper functioning of the immigration and nationality system grinds to a halt because an individual has removed themselves from contact with the Home Office, there is otherwise no other method of communication, or because our knowledge of a person’s whereabouts comes from sensitive intelligence sources which we do not wish to disclose.

New clause 19 is therefore necessary to avoid the situation where we could never deprive a person of British citizenship just because it is not practicable, or not possible, to communicate with them. Preserving the ability to make decisions in this way is vital to preserve the integrity of the UK immigration system and protect the security of the UK from those who would wish to do us harm. However, we do not wish to deny a person their statutory right of appeal where we have made a decision to deprive, so the Amendment also preserves that right. In cases where we have already made a decision to deprive but for one reason or another have not notified the person, the clause also ensures that such decisions, as well as the subsequent deprivation order, are still lawful.

It is important that deprivation orders made before this Bill comes into force remain valid, otherwise individuals who the Home Secretary has already decided should be deprived of their British citizenship because it is conducive to the public good would have their citizenship effectively reinstated and could therefore freely travel in and out of the UK. This could have detrimental consequences for national security. We need amendment 121 so that the relevant provisions of the new clause are enacted at the earliest opportunity.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.