46. As noted by UNHCR,68 there are also concerns that the proposed Clause 9, which empowers the Secretary of State to deprive a person of British nationality without notice, would increase the risk of children being born stateless, if one of their parents is no longer able to pass on British citizenship and the child is not entitled to any other nationality.69 Clause 9 would allow deprivation to occur without an assessment of the consequences of a deprivation order, including the direct or indirect derivative impact on children and families of the person deprived of nationality. Conclusion 47. As outlined above, the UK Government is failing to protect the right of every child to acquire a nationality and to prevent childhood statelessness, due to significant law and policy gaps including: i) A five-year residence requirement to register as British; ii) Prohibitive application fees; and iii) Limited access to legal aid hindering access to legal advice and information to support their cases. Furthermore, the co-submitting organisations have serious concerns that the changes proposed in Clauses 9 and 10 of the NBB will risk increasing statelessness in the UK, and will unnecessarily leave more children in limbo, exposed to the detrimental impacts of growing up without a nationality. ISSUE 3 - Deprivation of nationality in the national security context 48. Under the 1961 Convention, the UK has international obligations to prevent statelessness in the context of deprivation of nationality. Article 8 of the 1961 Convention requires States not to deprive a person of their nationality if such deprivation would render the person stateless, save in very limited circumstances. One of the exceptions to the prohibition of statelessness is if the person has acted “in a manner seriously prejudicial to the vital interests of the State”,70 but only if the State has deposited a declaration to retain measures to deprive a person of their nationality under these circumstances at the time of signature, ratification or accession. The UK made such a declaration to retain measures to deprive a naturalised person of their nationality under Article 8, even if it renders them stateless,71 but this exception must be interpreted narrowly and in accordance with international human rights law,72 given the significant impact of statelessness on the enjoyment of civil, political, economic, social and cultural rights. 68 ibid. Several UN Special Rapporteurs have expressed concern about the detrimental impact of clause 9 on the right to fair trial and effective appeal. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27073. 70 Convention on the Reduction of Statelessness, 1961, Article 8(3)(a)(ii). 71 Convention on the Reduction of Statelessness, 1961, Declarations and Reservations, United Kingdom of Great Britain and Northern Ireland, as available on https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20V/V-4.en.pdf 72 Principles on Deprivation of Nationality as a National Security Measure: https://www.institutesi.org/year-of-actionresources/principles-on-deprivation-of-nationality; UNHCR (2020), Guidelines on Statelessness No 5: Loss and Deprivation of Nationality, HCR/GS/20/05: https://www.refworld.org/docid/5ec5640c4.html. 69 12