[Kit Malthouse: The Minister is quite right – not that I ever exercised those powers. But as I said, in my view the Supreme Court has corrected an anomaly that the previous Government took advantage of. Yes, absolutely, hands up, they did – I am not saying that is correct. He is proposing that in the face of a Supreme Court decision that he does not like, he will change the law to say that the court was in effect wrong and that the fundamental right on which the Supreme Court has decided –we should not forget that the courts basically decide our rights within the legal framework – is somehow not to be tolerated.]

Sir Julian Lewis: I have some sympathy with my right hon. Friend’s argument, but surely the effect of this change will kick in only if, in the end, the Government’s appeal succeeds. Therefore, it will be the case that the court previously was wrong; otherwise, the Government’s appeal against its decision will not succeed.

[Kit Malthouse: My right hon. Friend is exactly right. However, it does mean that the state can render someone stateless by inaction, because it can take many years for cases to work their way through the courts. It is also, as I said, highly prejudicial, because it means that for the duration of the legal action that person will not be able to come to the UK and therefore will have to litigate from outside our borders.]

Sir Julian Lewis: I grateful to my hon. Friend for giving way again. As I said in my first intervention, I am new to this whole debate, but I thought I heard from the Minister that the idea was for this measure to stand only until the Government appeal was resolved or the Government ran out of time to appeal. How long would that period be? I do not see how that would put things off for the inordinate amount of time that my right hon. Friend suggests.

[Kit Malthouse: As I am sure my right hon. Friend knows, there are various layers of appeal that can be taken, right up to the Supreme Court. The Bill says that, throughout that period, as long as the Government continue to pursue appeals, the person remains deprived of their citizenship, rather than what the Supreme Court is saying, which is that if the person wins any one of those appeals, they immediately become in effect innocent, and their citizenship is restored as if it was never removed in the first place. That is in the same way as if, were I accused of a crime and found innocent and the prosecutor decided to appeal my conviction, I would remain innocent until that appeal was heard and decided against me. If it were appealed beyond that, I would remain innocent then still.

The Government are attempting to revert to the erroneous situation as determined by the Supreme Court. In my view, they are moving the goalposts on an individual who frankly seems to have won a case fair and square in our highest court in the land. ... ]