Home Secretary Theresa May wants to expand powers to remove UK citizenship. Photo: Getty
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Theresa May's citizenship-stripping proposal is worse than medieval banishment

The Home Secretary should remember the US Supreme Court's description of making someone stateless: "a form of punishment more primitive than torture".

In medieval England, those who had been forced to “abjure the realm” and go into exile would be required to walk barefoot, carrying a wooden cross, to the nearest port.  There, they were to take passage on the first available ship; until they were able to do so, they had to wade, daily, into the sea, as testimony to their willingness to leave the country.

This specific provision is absent from the Home Secretary’s proposed expansion of her powers to arbitrarily deprive Britons of their citizenship – expected to be considered again by MPs this week.  But the echo of the medieval punishment of banishment in the modern measure of ‘citizenship-stripping’ is impossible to ignore. It has perhaps been best summed up by the Supreme Court of the United States, which has described the practice of making someone stateless by removing their citizenship as “a form of punishment more primitive than torture.”

And in some ways, the modern procedure of which Theresa May is so fond is worse than its centuries-old equivalent.  By and large, those medieval unfortunates forced to abjure the realm were not at risk of further punishment from the state provided they stayed out of the country.  The same cannot be said of those who have been deprived of British citizenship under the current government's existing, limited powers, which they are currently seeking to expand.  According to the Bureau of Investigative Journalism, of the estimated 37 people who have had their passports torn up by the current British Home Secretary, two have so far been killed in covert US drone strikes, and one has been kidnapped and “rendered,” also by the US. 

Conveniently for both governments, the removal of British nationality from these people means that the obligations on the British authorities – in terms of the provision of consular services to those detained, or the carrying out of an inquest into the deaths of those killed overseas – are lifted.

As leading lawyer Baroness Kennedy QC put it during the Lords debate on these proposals, contained in the Immigration Bill:

“Is... the purpose of this change of law, that we might be able to do things that make people vulnerable and deny them their rights, creating yet more black holes where no law obtains but where we cannot be accused of complicity?”

Notably, this was not a question to which the government minister responded.  Despite a growing body of evidence demonstrating the UK's involvement in CIA activities ranging from rendition and torture to the covert drone programme, the British government – on the grounds that it must avoid at all costs embarrassing its US ally – has refused to come clean over its role in any of them. 

This way of thinking is not limited to parliament – it has also infected the British Courts.  Last year, a High Court judge told one of the victims of CIA torture that although he had a “well-founded claim,” he should not be allowed to pursue his case for fear of damaging UK-US relations.

Meanwhile, on the covert drone programme, despite a wave of reports demonstrating that the UK supports it by providing everything from intelligence to crucial infrastructure at US bases on British soil, UK ministers have stonewalled, refusing to go any further than the bland statement that “the use of unmanned aerial vehicles against terrorist targets is a matter for the states involved.”

The picture that emerges from all this is of a Britain which is prepared to take measures that even the US has long determined to be beyond the pale.  It is worth returning here to that US Supreme Court ruling mentioned above, which railed against “subject[ing someone] to banishment, a fate universally decried by civilized people,” and making them “stateless, a condition deplored in the international community of democracies.”

Home Secretary Theresa May's measures – which would lift the ban on depriving someone of citizenship, even where doing so would render them stateless – were defeated in the Lords last month.  But the government is expected to seek their return in the Commons this week.  Aside from putting Britain beyond the “civilized... community of democracies,” in the US Supreme Court's words, they will open up many millions of Britons to the threat of the arbitrary loss of their citizenship, and, potentially, leave them vulnerable to the lawless excesses of the ‘War on Terror’: kidnap or death by drone.

It seems safe to say that the sight of would-be exiles wading into the sea at the Channel ports is not set to return.  But the arbitrary nature of these powers, which allow the Home Secretary to act without any legal process and without any crime having been committed, would be all too familiar to the medieval despots of this country’s past.

Donald Campbell is Head of Communications at Reprieve

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Former Irish premier John Bruton on Brexit: "Britain should pay for our border checks"

The former Taoiseach says Brexit has been interpreted as "a profoundly unfriendly act"

At Kapıkule, on the Turkish border with Bulgaria, the queue of lorries awaiting clearance to enter European Union territory can extend as long as 17km. Despite Turkey’s customs union for goods with the bloc, hauliers can spend up to 30 hours clearing a series of demanding administrative hoops. This is the nightmare keeping former Irish premier John Bruton up at night. Only this time, it's the post-Brexit border between Northern Ireland and the Republic, and it's much, much worse.   

Bruton (pictured below), Taoiseach between 1994 and 1997, is an ardent pro-European and was historically so sympathetic to Britain that, while in office, he was pilloried as "John Unionist" by his rivals. But he believes, should she continue her push for a hard Brexit, that Theresa May's promise for a “seamless, frictionless border” is unattainable. 

"A good example of the sort of thing that might arise is what’s happening on the Turkish-Bulgarian border," the former leader of Ireland's centre-right Fine Gael party told me. “The situation would be more severe in Ireland, because the UK proposes to leave the customs union as well."

The outlook for Ireland looks grim – and a world away from the dynamism of the Celtic Tiger days Bruton’s coalition government helped usher in. “There will be all sorts of problems," he said. "Separate permits for truck drivers operating across two jurisdictions, people having to pay for the right to use foreign roads, and a whole range of other issues.” 

Last week, an anti-Brexit protest on the border in Killeen, County Louth, saw mock customs checks bring traffic to a near standstill. But, so far, the discussion around what the future looks like for the 260 border crossings has focused predominantly on its potential effects on Ulster’s fragile peace. Last week Bruton’s successor as Taoiseach, Bertie Ahern, warned “any sort of physical border” would be “bad for the peace process”. 

Bruton does not disagree, and is concerned by what the UK’s withdrawal from the European Convention on Human Rights might mean for the Good Friday Agreement. But he believes the preoccupation with the legacy of violence has distracted British policymakers from the potentially devastating economic impact of Brexit. “I don’t believe that any serious thought was given to the wider impact on the economy of the two islands as a whole," he said. 

The collapse in the pound has already hit Irish exporters, for whom British sales are worth £15bn. Businesses that work across the border could yet face the crippling expense of duplicating their operations after the UK leaves the customs union and single market. This, he says, will “radically disturb” Ireland’s agriculture and food-processing industries – 55 per cent of whose products are sold to the UK. A transitional deal will "anaesthetise" people to the real impact, he says, but when it comes, it will be a more seismic change than many in London are expecting. He even believes it would be “logical” for the UK to cover the Irish government’s costs as it builds new infrastructure and employs new customs officials to deal with the new reality.

Despite his past support for Britain, the government's push for a hard Brexit has clearly tested Bruton's patience. “We’re attempting to unravel more than 40 years of joint work, joint rule-making, to create the largest multinational market in the world," he said. It is not just Bruton who is frustrated. The British decision to "tear that up", he said, "is regarded, particularly by people in Ireland, as a profoundly unfriendly act towards neighbours".

Nor does he think Leave campaigners, among them the former Northern Ireland secretary Theresa Villiers, gave due attention to the issue during the campaign. “The assurances that were given were of the nature of: ‘Well, it’ll be alright on the night!’," he said. "As if the Brexit advocates were in a position to give any assurances on that point.” 

Indeed, some of the more blimpish elements of the British right believe Ireland, wedded to its low corporate tax rates and east-west trade, would sooner follow its neighbour out of the EU than endure the disruption. Recent polling shows they are likely mistaken: some 80 per cent of Irish voters say they would vote to remain in an EU referendum.

Irexit remains a fringe cause and Bruton believes, post-Brexit, Dublin will have no choice but to align itself more closely with the EU27. “The UK is walking away,” he said. “This shift has been imposed upon us by our neighbour. Ireland will have to do the best it can: any EU without Britain is a more difficult EU for Ireland.” 

May, he says, has exacerbated those difficulties. Her appointment of her ally James Brokenshire as secretary of state for Northern Ireland was interpreted as a sign she understood the role’s strategic importance. But Bruton doubts Ireland has figured much in her biggest decisions on Brexit: “I don’t think serious thought was given to this before her conference speech, which insisted on immigration controls and on no jurisdiction for the European Court of Justice. Those two decisions essentially removed the possibility for Ireland and Britain to work together as part of the EEA or customs union – and were not even necessitated by the referendum decision.”

There are several avenues for Britain if it wants to avert the “voluntary injury” it looks set to inflict to Ireland’s economy and its own. One, which Bruton concedes is unlikely, is staying in the single market. He dismisses as “fanciful” the suggestions that Northern Ireland alone could negotiate European Economic Area membership, while a poll on Irish reunification is "only marginally" more likely. 

The other is a variation on the Remoaners’ favourite - a second referendum should Britain look set to crash out on World Trade Organisation terms without a satisfactory deal. “I don’t think a second referendum is going to be accepted by anybody at this stage. It is going to take a number of years,” he said. “I would like to see the negotiation proceed and for the European Union to keep the option of UK membership on 2015 terms on the table. It would be the best available alternative to an agreed outcome.” 

As things stand, however, Bruton is unambiguous. Brexit means the Northern Irish border will change for the worse. “That’s just inherent in the decision the UK electorate was invited to take, and took – or rather, the UK government took in interpreting the referendum.”