Kit Malthouse MP: speeches
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Speeches
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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The hon. Lady should not assume from the outward utterances that there was not an internal conversation going on within the party about our tax strategy. Those in the Chamber who shared the Cabinet table with me will know that that was often a vigorous conversation. I will leave it at that.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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No, the people best positioned to decide where houses should go are local people. That is why, for many years, I have been a strong proponent of neighbourhood planning. It has been proven time and again that neighbourhood planning produces more houses—15% to 20% more—than other forms of planning, especially local plans. If we get the design right and put power in the hands of local people, they will very often make the right choices, not just for their community but for the next generation. A point that the shadow Chancellor has made powerfully is that we should recognise that a gummed-up housing market, which is currently stagnating, suppresses the renovation and construction supply chain. When people move house, they invest in redecoration; they invest in extensions, put a new roof on the house, build on the side, and do all sorts of things to their new house that are good, valuable, productive economic activity. At the moment, we are missing out on that activity.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I will in a minute. The third point I want to make, which I guess is the one that might appeal most to Government Members, is that this tax is generationally unfair. Younger people move house more often, so they are more exposed to this tax. The younger someone is, the more likely they are to be building a family, to require more space, and to be moving up the ladder. Older people tend to sit still. They sit pretty on their capital, which is often in unmortgaged houses. Because of the lack of a market, they generally under-occupy the houses they own. When looking at stamp duty, we have to look at generational fairness, too. In my constituency, hundreds and hundreds of aspirational families need more space. They would like to move up the ladder. They have worked hard and accumulated a deposit and the money that would allow them to move, but they want to spend that money on curtains, carpets, decoration and all the rest of it. They are deterred from moving by this tax. If we are to be fair to the next generation, we have to not only build the houses that they want to buy, but make it cheap for them to buy them, and that means cancelling stamp duty. For all those reasons—to ensure fluidity and liquidity in a market that is skewed to produce artificially high prices; to ensure a market in which developers take a risk and build more houses, and landowners put land forward; but fundamentally for a generation who are being denied access to housing—we need to take seriously the idea that stamp duty is at the heart of the problem, and we need to abolish it entirely. The Liberal Democrats say that abolishing it will raise prices. It of course raises prices if we tell people that there is a window. That would result in frantic activity from those who are desperate to buy. If the abolition becomes permanent, we get a liquid market that achieves a real price, notwithstanding the initial bump. As for those who say that the savings cannot be found, we should be able to find this amount of money, given the size of the Government’s budget, as my right hon. Friend the Member for Beverley and Holderness (Graham Stuart) said. I had a look this morning, and I could find 50% of the amount in the Department for Transport’s budget, no problem. The other half could come from the welfare reforms on which the Labour party bottled it. We could easily find the money and do the whole country and the economy an enormous favour.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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My right hon. Friend is completely right, and he makes a powerful point. Anybody, whether overseas or here, who comes anywhere in the country, but particularly to London and the south-east, and wants to make a significant purchase is immediately presented with a massive bill that cannot be borrowed. It comes out of any equity that they may have spare lying around or that they may have saved up for years to build towards their housing decision. For the Government to show up and take it at that moment of significance in anybody’s life is extremely damaging. It is the same when the Government show up on the death of a relative and say, “We will take our slice.” Such taxes have enormous salience. As a result, stamp duty and inheritance tax are easily the two most unpopular taxes in the country.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I was Housing Minister for 12 golden months, during which, I am pleased to say, the United Kingdom achieved its highest starts and finishes of housing for 10 years either side—not entirely due to my stewardship, but nevertheless, I will take the credit. I am with the hon. Gentleman in wanting to encourage the building of a significant number of houses, and I am very pleased that large numbers are to be built in my constituency, but they have to be built in the right places. We have to protect our landscape, our countryside and our heritage, while at the same time recognising that many of our market towns need to grow and reach a sustainable size. We can have the houses; they just have to be in the right places. I also think that we would be able to embrace more housing if we were somehow able to breach the conspiracy of crap. Excuse my language, Madam Deputy Speaker; it is a crass word, but it is a great way of summing up the fact that we are building terribly badly designed houses. There is a conspiracy between planners and the development community to produce ersatz housing across the country, rather than to build beautifully designed houses, as generations of housebuilders did before us. It will not come as a surprise to the hon. Member for Milton Keynes North (Chris Curtis) that in his constituency, as in mine, the most valuable houses—irrespective of size—are often the oldest ones, dating from the Victorian era and even earlier periods. Georgian houses command huge prices, as they are seen as desirable because of their beauty. We can have the houses, as long as we put them in the right places and they look good.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I completely agree with my hon. Friend.
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I am perplexed by the argument the Liberal Democrats have advanced that abolishing stamp duty will raise prices. Presumably the quid pro quo is that raising it would lower prices, so why are they not proposing that policy?
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I understand the hon. Gentleman’s hope for the next generation, and I completely agree with him. As somebody with three children, I hope they get the same housing opportunities and economic opportunities as I did. Sadly, given how the housing market has gone and is going, it does not look as if that will be the case, but he neatly makes the point that I made in opening my speech. To get young people on the housing ladder, a subsidy scheme would see us come full circle. Instead, we should think again about how we can have a deregulated free market that functions for them and allows the houses to be built that can accommodate them. Taking tax off young people and then giving it back in the form of housing subsidy is nonsensical. To return to my point on the supply chain, thousands of small builders around the country are desperate for this kind of work and are seeing the housing market stagnating and their work reducing. Worse than that, in areas of high property value, those who do have capital decide, instead of moving, to build down, up or out. We therefore get densification, particularly in areas such as central London, which often causes significant problems. Moving on, this tax does not work very well for Government either. First, as Members will know, it is pro-cyclical and crashes when the Government need it most. During the 2007-08 crash, stamp duty receipts fell by 60%. We saw a surge in stamp duty receipts during the window a year or so ago, but since then, they have been falling significantly. The Chancellor, who is facing significant fiscal problems, will see that fall even further, so the tax does not work for Government on that basis. Secondly, stamp duty is a bad tax because of its salience. Economists have this idea that taxes have a salience, which is how much people notice they are being taken. VAT has low salience, because we do not really notice it. It is in the prices that we pay. Income tax and pay-as-you-earn have low salience. Stamp duty is enormously noticeable at a moment when people are making a huge decision about their lives. They are trying to progress their families and wham, here come the Government saying, “We are going to have a slice of your wealth.”
- 28 Oct 2025 · Stamp Duty Land Tax · Hansard source
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I am very sorry to hear about the antipathy of the hon. Member for Pendle and Clitheroe (Jonathan Hinder) towards the south-east. I can assure him that it is not reciprocated, and no doubt the London Members who may or may not be present for this debate will have something to say to him about the wealth and welfare of their residents. Since this Government were elected, I have often called to mind the famous aphorism uttered by Ronald Reagan about Governments’ approach to the economy: “If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” It feels to me as if, with housing in particular, we are moving into the third of those phases. I contemplate with some alarm the idea that in chasing their huge housing target—noble though it is, and shared by the Conservative party—the Government are about to pump enormous subsidies into the housing market in the Budget. That is precisely the wrong thing to do, particularly for a Government who are struggling to create growth in the economy. What the Government seem to have failed to realise is that if we allow capitalism to function—to do what it is supposed to do—it is brilliant at creating abundance. It has been the single greatest tool for alleviating poverty across the world that humankind has ever known, yet here in this country, Governments—not just this Government but, to my alarm, previous Governments over the past 20 years or so—have not appreciated the formula of incentives required for capitalism to function. It is particularly damaging for it not to function within the housing market, and that is especially salient for the United Kingdom, whose economy is so closely tied to its domestic housing market. Looking at the correlation between the two, it is pretty much one to one: if the housing market is doing well, our economy is doing well, and vice versa. That points to the problem that stamp duty poses. I want to raise a few points about this motion, as well as to say that I agreed entirely with the shadow Chancellor’s excellent opening speech. First, stamp duty is not a tax on wealth, or even on property; it is a tax on decision making. It skews people’s ability to conduct their life as they wish to, and it deters decisions from being made within the housing market and bungs it up so that it does not work for anybody, wherever in that market they sit and whether or not they pay stamp duty. For capitalism to work—for a market to work—there needs to be lots and lots of transactions. There needs to be fluidity and liquidity. That is what achieves a steady price and creates abundance; people know that they can take a risk in a market, because they will find a counterparty. Scarcity is what raises prices, and that is exactly the position we find ourselves in at the moment. Punitive rates of stamp duty do to the housing market precisely what none of us wants them to do, which is to reward scarcity. They push people into other forms of economic activity, with the result that they cannot fulfil the wishes and aspirations of their family.
- 22 Oct 2025 · Heathrow: National Airports Review · Hansard source
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As the Secretary of State knows from her time at City Hall, Heathrow has been a planning disaster since it was accidentally sited to the west of London, forcing planes to land over millions of heads. While it might be amusing to watch her take the chainsaw to all those trees planted at Sipson by a series of Labour politicians, why she would compound that planning disaster I have no idea. More than that, if this goes ahead, she will also be compounding the Heathrow monopoly on long-haul flights. To her four rules, I suggest that she adds a fifth, which is the impact on direct connectivity to and from regional airports. There is the strong view that the expansion of Heathrow would kill connectivity from Manchester, Birmingham, Bristol and elsewhere.
- 14 Oct 2025 · Middle East · Hansard source
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Setting aside the fact that we find ourselves in a situation where conditions have been placed upon the cessation of the annihilation of an entire people and the strange delineation between hostages on one side and prisoners held in administrative detention on the other, we should all of course, as the Prime Minister said, express profound relief at the end of the killing, not least of one child every 45 minutes for two years. Is not the lesson of the last two years that when the UK finally moves on from empty rhetoric to take concrete action, there is movement in the parties to a conflict like this, and that therefore we should be thinking about what more concrete action we can take, in particular in three areas? First, can we please have concrete steps to deter Israeli territorial ambition in the west bank, including a ban on settlement goods, now that we have officially recognised that territory? Secondly, could we have a reassertion of UK support for international law and the institutions that support it? In particular, could the Prime Minister use his relationship with President Trump to have the sanctions on individuals at the UN and the International Criminal Court lifted? Finally, if we are to support or participate in an international stabilisation force, could we insist that it also covers areas B and C of the Occupied Palestinian Territories, where the Israel Defence Forces too often act as cover for incidents of Israeli terrorism?
- 10 Sept 2025 · Qatar: Israeli Strike · Hansard source
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The events of yesterday come as no surprise to those of us in the Chamber who have raised the issue of the Israeli Government’s crimes, committed with an air of complete impunity. It should now be crystal clear to the Minister, as it is to so many across the world, that the Israeli Government are not interested in the slightest in peace, or indeed in the fate of their hostages. In that light, I have two questions. First, what military and intelligence assistance will we provide to the Qataris to allow them to defend themselves against further attacks? Secondly, will the UK add its voice to the growing calls across the world for the formation of an international protection force to enter Gaza and enforce a peace?
- 9 Sept 2025 · Draft Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025 · Hansard source
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It is a pleasure to see your wisdom in the Chair, Sir Jeremy. Although I understand the impetus behind the change, I want to ask the Minister one or two questions about it. She and I have traded blows over this agenda in the past. She was my shadow for two years, so I congratulate her on her new position. I am sure she will do a fantastic job. In considering this change, we have to ask ourselves why sharing was made so difficult in the first place. We have to trust that those who came before us, who put this legislation in place, considered that issue. The shadow Minister, my hon. Friend the Member for Stockton West, said that subsequent events have illustrated the need for agencies to work together more closely on the analysis of data for the prevention of the sorts of incidents he mentioned. Despite that, I think we have to come with a bit of scepticism about what the result of these regulations might be, and what liberties we might be trampling over. My questions are framed in that regard. I was slightly alarmed by what the Minister said and the contents of the explanatory memorandum, and I was thinking about raising a point of order about the fact that the Government cannot really tell us why the competent authorities have been included in the list. It raises the question of why we are all here. We might as well have had a list that said, “Whoever we decide. Don’t ask questions.” It does seem a bit odd that we are passing regulations, but we are hampered in our scrutiny in asking questions about particular organisations. Nevertheless, I will ask the questions that I have about them and see what the Minister has to say. First, I wanted to ask about the provosts. The list includes the provost marshals of the Royal Navy Police, of the Royal Military Police and of the Royal Air Force Police, and “The Provost Marshal for serious crime.” I had never heard of that person before, so perhaps the Minister could start by telling us who the provost marshal for serious crime is. I understand that all the other organisations—certainly the police and chief constables—have very strong and automated controls on the data that they use, not least to the extent, for example, that every access that any individual makes to the police computing system is logged and maintained, and people are very often convicted for irregularly accessing material. However, given that these individuals are military and that we are living with the consequences of a major military data breach that has cost us many billions of pounds and put quite a lot of lives at risk, can the Minister reassure us that the processing of data between civil and military organisations will be done to the same standard, and that it therefore will be safe from leakage? Regulation 2(o) states that, “a body established in accordance with a collaboration agreement under section 22A of the Police Act 1996(9)” can be classed as a qualifying competent authority. What type of body might that be? If we were to have an example of such an organisation, we might be able to form a view on whether it is appropriate for it to be on the list. I have a question about the inclusion of Revenue and Customs. As the Minister may know, in the old days when Inland Revenue and Customs and Excise were two separate organisations, they had very different cultures. The culture at Customs and Excise was of kicking the door down. They were kind of “Moonfleet”, Daphne du Maurier-type anti-smuggling hard men and women, whereas at the Inland Revenue they were a little more intellectual and professional. In one, they wore suits; in the other, they wore flak jackets. When Gordon Brown amalgamated the two, unfortunately the muscular culture at Customs and Excise was translated and taken over at the Revenue, to the extent that they now both have more kick-in-the-door characters. So I am concerned about the amount of sensitive personal data that Revenue and Customs control at the moment; about the culture of that organisation and its increasing aggression over the last 20 years or so; and what implication that is going to have for the rest of us. I understand that the Minister cannot tell us why this is being introduced, but is she able to tell us whether Customs and Excise will, as a result, be asked to routinely scan millions and millions of datapoints and people’s personal financial data to look for patterns of movement and transactions, for example? Or is this for use in relation to specific investigations? My general view is that, as with most things, the British people will accept a specific investigatory sharing regime, but may not accept a general fishing regime. The same is true of the Land Registry, which is on the list. I understand that in the search for illicit funds or activity, specific inquiries and the processing of data is required, but on general scanning, particularly as the Land Registry becomes more and more digital and automated, I am nervous about us moving to a kind of American-style National Security Agency approach, where billions if not trillions of datapoints are collected on a regular basis and analysed by computers—artificial intelligence or whatever it might be—to look for patterns of behaviour. That may well be the way that we are going, but if we are going there, we should be transparent with the public about what we are doing, notwithstanding that the Minister cannot tell us why or what today. I have two further questions. On supervision, what will the supervision over this necessarily covert process be? Does the ICO, which I presume will be the supervisory body, have the right security clearance at the right level that will allow it to access this operation of data sharing to the extent that it can satisfy itself that the statement that the Minister has made—that we are in compliance with all our human rights obligations and in compliance with the law—will be looked at? Within the Department, similarly, what will supervision of the effect of this data sharing be? Thirdly, given that this will be new, is it likely to be brought to the Intelligence and Security Committee for review of its operation? That would be at least three layers of supervision over what is quite a large step up in capability—it is not unwelcome, but it is a large step up—by the Security Services and others. Finally, I want to ask about risk assessment. The sharing of data between organisations could present a greater risk of leakage, or alternatively it could mean, if only one of them is maintaining the data to which the other has access, that there is less likelihood of leakage. We have talked about efficacy. The Minister did not say anything about the risks and benefits from a data security point of view. As we have learned to our cost recently with the military, the transfer of data between organisations, whether sharing or otherwise, does run the risk of it falling into hands that it should not. Will these organisations therefore have to subscribe to a tighter data control regime than they would have done, to make sure that the possibility of that leakage is minimised?
- 9 Sept 2025 · Draft Data Protection Act 2018 (Qualifying Competent Authorities) Regulations 2025 · Hansard source
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The Minister said that these notices will be published; will these bodies be general powers or specific powers? Will the Government say, “We’re going to grant a notice on this for six months for a specific purpose,” or will it be just, “We’re going to let the Army share it with whoever, in perpetuity”? So, are the powers time limited? Secondly, while I understand that the Minister cannot explain to us why, who or what regarding these organisations, as the hon. Member for Newton Abbot said, all of these organisations will be processing that data on third-party software, much of which will be owned by private corporations, many from overseas. Does this power extend to them, by proxy, because they are contractors to the primary organisation—which is, necessarily, by its nature, public sector—or will there be firewalls and controls therein as well?
- 8 Sept 2025 · Palestine Action: Proscription and Protests · Hansard source
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The Minister has said that no one is above the law and that violence is never the answer. I agree with him and I know that he believes that the law should be wielded with integrity, so when are we going to see the proscription of violent settler groups in the west bank, many of whom are perpetrating a reign of terror on innocent Palestinians in that part of the world but who may be garnering support and raising funds in the United Kingdom?
- 1 Sept 2025 · Middle East · Hansard source
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I am afraid that this is another profoundly disappointing statement from the Foreign Secretary that is devoid of anything that is likely to bring a swift end to this conflict. While at home the police have been arresting vicars and grannies, and the Government have been hiring American spy planes to fly over Gaza, the Israelis, as the Foreign Secretary himself has said, have intensified their campaign, aggression and the slaughter of innocents in that awful conflict. Everything he has said—all his condemnation—has come to nothing. In every statement he has made in this place when I have been here, he has stressed the importance of international humanitarian law. Why has he been so passive in defending the International Criminal Court in the face of another wave of American sanctions? What steps is he going to take to support that institution and the individuals who staff it in the face of those sanctions? What discussions has he had with the American Government to get them to reverse the sanctions?
- 1 Sept 2025 · Middle East · Hansard source
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On a point of order, Madam Deputy Speaker. On 22 April, I wrote to the Foreign Secretary and the Attorney General raising a number of matters to do with domestic legal issues and our international obligations with regard to this conflict, but 132 days later, I have yet to receive a reply. What steps can I take to elicit the information that I need from the Foreign Secretary?
- 21 Jul 2025 · Middle East · Hansard source
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Why don’t you feel it?
- 21 Jul 2025 · Middle East · Hansard source
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Like others in this House, I am frankly astonished at the statement of the Foreign Secretary. At a time when we have got daily lynchings and expulsions on the west bank, and dozens being murdered as they beg for aid, I am just beyond words at his inaction—and, frankly, complicity by inaction. He said himself that there is a massive prison camp being constructed in the south of Gaza and he knows that leading genocide scholars from across the world are ringing the alarm bells, yet he has the temerity to show up in this House and wave his cheque book as if that is going to salve his conscience. Can he not see that his inaction and, frankly, cowardice are making this country irrelevant? Can he also not see the personal risk to him, given our international obligations—that he may end up at The Hague because of his inaction? Finally, frankly, I make an appeal to Labour Back Benchers: we cannot get your leadership to change their minds; only you can, if you organise and insist on change.
- 14 Jul 2025 · UK-France Migration: Co-operation · Hansard source
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I have been a bit taken aback by the lack of humility shown by the Home Secretary in the face of what has been a catastrophic first 12 months in terms of crossing numbers. It might have been better for her to acknowledge that “smash the gangs”, which she was always told was going to be a complete failure, has indeed been so. I suppose we should be grateful that she has finally reached for the briefing notes left in the Home Office and No. 10—not about a returns agreement but about a swaps agreement. I suppose I offer her congratulations on getting that deal over the line with the French. However, I disagree with her about it not being a silver bullet; I think this has always been the only solution. But she will know that it will be effective only if we can get to a very high percentage of returns to France. I have two questions. First, what further incentive could she offer to the French to go beyond this relatively small pilot? Given that we are offering swaps and the theory is that no one will then cross, would she be willing to go for a two-for-one swap? Secondly, as she pointed out, the gangs will react, so does she plan to cut a similar deal with the Belgians?
- 14 Jul 2025 · Deprivation of Citizenship Orders (Effect during Appeal) Bill · Hansard source
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I am pleased to be opening this debate, although, given the turnout in the Chamber, it seems to be a minority interest among Members of Parliament, notwithstanding the fact that the legislation affects some of our most basic freedoms and rights. Before I address amendment 1, I hope you will forgive me, Madam Chair, if I briefly indulge in a preamble. There are a couple of issues that I want to impress on the Minister in the hope that he will respond favourably and, if not accept my amendment, agree to consider the principles it raises in the other place. Given the number of senior lawyers there, this legislation will be examined by some pretty stringent legal eyes. First, Madam Chair, I hope you will agree that we established on Second Reading that this Bill is highly discriminatory. One of the truisms we always utter in this House is that we all stand equal before the law, but I am afraid that where this legislation is concerned, that is just not true. The Minister would be unable to wield against me the powers he is seeking to bring in under this Bill; it would not be countenanced because I have no right to citizenship elsewhere. However, there are Members of this House against whom the Minister could wield that power. Although he could not wield it against me, he could wield it against two of my children, although not against the other one—I have three. He could wield it against the children of the former Prime Minister, my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak); against the children of the former Chancellor of the Exchequer, my right hon. Friend the Member for Godalming and Ash (Sir Jeremy Hunt); and against the children of the former Deputy Prime Minister, my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden). I am trying to illustrate to the Minister that this legislation is highly discriminatory, and unusually so. He is tampering with some of the basic tenets of British justice through this Bill—a principle has been established in the Supreme Court that he is attempting to reverse—and I want him to have in mind that he is trying to embed that discrimination in law. I hope and believe that that is not his primary motivation, but he must comprehend that before he takes this step. Secondly, I say to the Minister, who has a distinguished record of service in the defence of this country and now serves as Security Minister, that much of the Bill is, let us face it, focused on those accused of committing terrorism here or overseas. Terrorists win in two ways: first, by the physical injury that they inflict and the fear of that physical injury that they are likely to inflict by exploding bombs, killing people and all the horrors we have seen in our lifetimes over the past 30 or 40 years, if not longer; and secondly, by a long, slow undermining of our way of life and by sowing division within our society. Their long game is to force us to twist ourselves in knots around the freedoms that make us different, which they despise, and slowly to erode our standard of living and the atmosphere in which we live, and we have seen that before in this country. The Minister is old enough to remember the evolution of the Diplock courts in Northern Ireland, where hearings were held without juries. We dispensed with the basic freedom of the right to a jury trial in Northern Ireland for a while, largely because of accusations of violence towards juries. It was proven later that this was part of a known strategy by the IRA to make the Six Counties ungovernable, other than by military colonial means, so the IRA saw that move as a triumph. What terrorists want in the long term is a twisting of our natural freedoms. They want us to make compromises in our legislation that undermine our sense of belonging in our nation and create a division not just between the governed and the Government, but within society. This legislation, I am afraid, starts to do exactly that. On Second Reading I pointed out, as I have possibly already done today—I hate to be repetitive—that this legislation and this power create two classes of citizenship in the UK. There are those who can have the order removed and those who never can have it removed. As use of the power has accelerated over the past two decades, and we are using it now more than we ever did, it creates a feeling of unease among those whose citizenship is conditional. I will explain to the Minister why I tabled amendment 1. As I said on Second Reading, my view is that he is undermining some of the basic tenets of British justice with what he is attempting to do with this legislation. With this amendment, I am attempting to swing the pendulum back a little in the cause of fairness before the law. As he will know, individuals subject to this power have the right to appeal on a number of bases, and courts will decide whether to allow their appeal. Broadly, there are three areas on which they can appeal: the first is whether the decision was proportional; the second is whether it was procedurally fair; and the third is whether the Minister or the Home Secretary has made a mistake over whether the person has a right to citizenship elsewhere and so may in fact be rendered stateless. As he knows, that is not allowed under the legislation. If I have had my citizenship deprived essentially at the stroke of a pen by the Home Secretary, and I win an appeal, it seems unfair, given that I have won that appeal on the basis of fact, that the Government can continue to deprive me of my citizenship pending a further appeal by them. Ordinarily, I would have got rid of this legislation, but the Minister seems insistent, and he won on principle at Second Reading, and that is fine. I am therefore appealing to his sense of good old British fair play to say, “This individual has won their first appeal on the basis of fact. Unless we have some profound reason to dispute that fact, we will not appeal, in which case they get their citizenship back.” On the basis of the fundamental British value of “innocent until proven guilty”, that person should get their citizenship back, particularly if a judge decides that the three conditions outlined in my amendment are satisfied.
- 14 Jul 2025 · Deprivation of Citizenship Orders (Effect during Appeal) Bill · Hansard source
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The Minister is a fair man and a fair-minded man. He is quite right, and I am willing to countenance his appeal and give him the benefit of the doubt, and that is exactly what I am asking for the individuals subject to this legislation. He will know that we have certain inalienable constitutional rights as British citizens, which this legislation contravenes. The first is that we have a right to a fair hearing and that any action the Government take must be exercised fairly. That right has been established in the common law again and again, and most recently in 1994, in the case of ex parte Doody, when the court decided that Ministers must exercise their powers fairly. The second inalienable right, which has been decided in the Supreme Court, is that we all have a right to access to the courts, and that cannot be unfairly restricted. As that has been decided by the Supreme Court, the Government cannot put up artificial barriers to our access, such as raising fees or making sure that we cannot physically get to the court. Indeed, as the Minister will know, I have an absolute right to defend myself in person at every stage of legal action, whether that is at first hearing or at subsequent appeal. All those powers or rights that I have as a citizen are affected by the legislation he is attempting to put through. My amendment essentially says three things. If the Government failed to win an appeal, but wished to continue to deprive me of my citizenship pending a further appeal, they must, when seeking leave to appeal from the judge, also ask the judge for leave to continue the deprivation of citizenship. The judge basically could say no in three circumstances. First, the judge could say no if there is a real and substantial threat of serious harm to that individual if they were denied access to the United Kingdom. Some of these people will be living or operating from extremely dangerous places. If that person is likely to be killed pending further appeal on the denial of their citizenship, it would seem grossly unfair, their having already won an appeal, to deny them access to the country. The second ground would be if their exclusion from the UK and the continuing of denial of citizenship would be deeply prejudicial to the conduct of their defence in an appeal that the Government subsequently decided to bring. In such a case, it would be impossible for me to defend myself at appeal in person, which should be my inalienable right as a British citizen. It would be impossible for me to do that remotely in some God-forsaken part of the world where I cannot Zoom in or I do not have the ability to communicate. It would be the same if I am unable to communicate with my legal team. I am sure the Minister can see that it would be unfair to interfere with someone’s ability to mount a proper defence—we should not forget that that person has already won an appeal—through the continuing denial of citizenship. The third ground, which we covered on Second Reading, is the Government’s taking their time, achieving their objective merely by dragging their heels and playing for time, hoping that something, perhaps something untoward, will turn up. A judge should then make a judgment—the clue is in the name—on whether they are being efficient in their use of the legal system, rather than, as I am afraid happens from time to time, gaming it to their own advantage.
- 14 Jul 2025 · Deprivation of Citizenship Orders (Effect during Appeal) Bill · Hansard source
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In the hope that the Minister will do the right thing, yes. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clauses 1 and 2 ordered to stand part of the Bill. The Deputy Speaker resumed the Chair. Bill reported, without amendment. Third Reading
- 14 Jul 2025 · Deprivation of Citizenship Orders (Effect during Appeal) Bill · Hansard source
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I understand what the Minister is saying, and, as I said to him on Second Reading, I am not concerned about this power falling into his hands, but we do not know who will be in his position in the future, and we are never quite sure how the power might develop. As I have said, over the years we have seen an acceleration and an increase in what is a very draconian power that we should be taking extremely seriously. To deprive people of their citizenship is a profoundly serious thing to do, which may well—indeed, will—affect them for the rest of their lives. No doubt it will be done in the face of extremely serious offences on the Minister’s watch, but I am not sure that that will necessarily always be the case. Given that under the power that is being created people can be expelled on the basis that their presence is not conducive to the public good, we could see its being used in combination with other powers that have been expanded recently. Just last week, in controversial terms, the Minister proscribed a particular organisation operating in this country. I am sure he will be able to explain, but in my experience—I think he referred to this at the time—proscription has been reserved for terrorist organisations. As the Minister has indicated, this power is reserved for those who are terrorists. Could it be used against individuals who are convicted of crimes under that proscription? That is the danger that I am trying to illustrate to him, and this is an area of law where I urge him to tread carefully and to think about the compromises that he is creating against our basic freedoms that we need to maintain, at the same time—I do not dispute his motivation—as protecting the United Kingdom in the best way he possibly can. I am just worried that he is taking a step too far.
- 14 Jul 2025 · Deprivation of Citizenship Orders (Effect during Appeal) Bill · Hansard source
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To refer back to the intervention by the hon. Member for Strangford (Jim Shannon), would the hon. Lady be interested to comment on this point? My understanding is that, under the terms of the Good Friday agreement, every UK citizen resident in Northern Ireland has a right to claim Irish citizenship. This Bill in effect means that every UK citizen resident in Northern Ireland can be deprived of their citizenship—have it removed by the Home Secretary—if that is conducive to the public good. That is another example of a whole group of people who would have a second class of citizenship.
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