Home Secretary Theresa May wants to expand powers to remove UK citizenship. Photo: Getty
Show Hide image

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

Show Hide image

Will the collapse of the EU/Canada trade deal speed the demise of Jean-Claude Juncker?

The embattled European Comission President has already survived the migrant crisis and Brexit.

Jean-Claude Juncker, the embattled President of the European Commission, is likely to come under renewed pressure to resign later this week now that the Belgian region of Wallonia has likely scuppered the EU’s flagship trade deal with Canada.

The rebellious Walloons on Friday blocked the Comprehensive Economic and Trade Agreement (CETA). The deal for 500 million Europeans was at the final hurdle when it fell, struck down by an administration representing 3.2 million people.

As Canada’s trade minister, Chrystia Freeland, walked out of talks in tears and declared the deal dead, fingers were pointed at Juncker. Under pressure from EU governments, he had agreed that CETA would be a “mixed agreement”. He overruled the executive’s legal advice that finalising the deal was in the Commission’s power.

CETA now had to be ratified by each member state. In the case of Belgium, it means it had to be approved by each of its seven parliaments, giving the Walloons an effective veto.

Wallonia’s charismatic socialist Minister-President Paul Magnette needed a cause celebre to head off gains made by the rival Marxist PTB party. He found it in opposition to an investor protection clause that will allow multinationals to sue governments, just a month after the news that plant closures by the world’s leading heavy machinery maker Caterpillar would cost Wallonia 2,200 jobs.

Juncker was furious. Nobody spoke up when the EU signed a deal with Vietnam, “known the world over for applying all democratic principles”, he sarcastically told reporters.

“But when it comes to signing an agreement with Canada, an accomplished dictatorship as we all know, the whole world wants to say we don’t respect human right or social and economic rights,” he added.  

The Canadian Prime Minister Justin Trudeau was due to arrive in Brussels on Thursday to sign CETA, which is backed by all EU leaders.

European Council President, Donald Tusk, has today spoken to Trudeau and his visit is currently scheduled to go ahead. This morning, the Walloons said they would not be held to ransom by the “EU ultimatum”.

If signed, CETA will remove customs duties, open up markets, and encourage investment, the Commission has said. Losing it will cost jobs and billions in lost trade to Europe’s stagnant economy.

“The credibility of Europe is at stake”, Tusk has warned.

Failure to deliver CETA will be a serious blow to the European Union and call into question the European Commission’s exclusive mandate to strike trade deals on behalf of EU nations.

It will jeopardise a similar trade agreement with the USA, the Transatlantic Trade and Investment Partnership (TTIP). The Commission claims that an “ambitious” TTIP could increase the size of the EU economy by €120 billion (or 0.5% of GDP).

The Commission has already missed its end of year deadline to conclude trade talks with the US. It will now have to continue negotiations with whoever succeeds Obama as US President.

And if the EU cannot, after seven years of painstaking negotiations, get a deal with Canada done, how will it manage if the time comes to strike a similar pact with a "hard Brexit" Britain?

Juncker has faced criticism before.  After the Brexit referendum, the Czechs and the Poles wanted him gone. Hungary’s Prime Minister Viktor Orban muttered darkly about “personnel issues” at the Commission.

In July, it was reported that Angela Merkel, the most powerful politician in Europe, was plotting to oust Juncker. Merkel stayed her hand, and with German elections looming next year is unlikely to pull the trigger now.

When he took office in November 2014, Juncker promised that his administration would be a “political Commission”. But there has never been any sign he would be willing to bear the political consequences of his failures.

Asked if Juncker would quit after Brexit, the Commission’s chief spokesman said, “the answer has two letters and the first one is ‘N’”.

Just days into his administration, Juncker was embroiled in the LuxLeaks scandal. When he was Luxembourg’s prime minister and finance minister, the country had struck sweetheart tax deals with multinational companies.  

Despite official denials, rumours about his drinking and health continue to swirl around Brussels. They are exacerbated by bizarre behaviour such as kissing Belgium’s Charles Michel on his bald head and greeting Orban with a cheery “Hello dictator”!

On Juncker’s watch, border controls have been reintroduced in the once-sacrosanct Schengen passport-free zone, as the EU struggles to handle the migration crisis.

Member states promised to relocate 160,000 refugees in Italy and Greece across the bloc by September 2017. One year on, just 6,651 asylum seekers have been re-homed.

All this would be enough to claim the scalp of a normal politician but Juncker remains bulletproof.

The European Commission President can, in theory, only be forced out by the European Parliament, as happened to Jacques Santer in 1999.

The European Parliament President is Martin Schulz, a German socialist. His term is up for renewal next year and Juncker, a centre-right politician, has already endorsed its renewal in a joint interview.

There is little chance that Juncker will be replaced with a leader more sympathetic to the British before the Brexit negotiations begin next year.

James Crisp is the news editor at EurActiv, an online EU news service.