Detained British Nationals Abroad
Brendan O'Hara Excerpts(1 year, 3 months ago)
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Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
I, too, wish to thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this debate. It is heartening to see that finally, the plight of arbitrarily detained UK nationals has been given long-overdue attention.
For transparency, I put on record that I am vice-chair of the all-party parliamentary group on arbitrary detention and hostage affairs, which is brilliantly chaired by the hon. Member for Rutland and Stamford (Alicia Kearns), who I know well from my days on the Foreign Affairs Committee. She is ably supported by Baroness Kennedy and the hon. Member for Macclesfield (Tim Roca). The APPG gives the families of those held abroad a voice and an opportunity to tell their story directly to Members of both Houses. Although people’s stories differ markedly in the circumstances of their detention, there is a striking similarity in how they feel about how they have been treated, and about being let down by successive United Kingdom Governments. Following the APPG’s inaugural meeting, we launched an inquiry on why that perception exists among those who are or have been arbitrarily detained and their families, giving them a voice that they have hitherto simply not had. I put on record my sincere thanks to Emily Foale of the International Bar Association’s Human Rights Institute, which provides the APPG’s secretariat and has been the driving force behind our inquiry. I urge all Members and Ministers to read the report when it is published.
At our first evidence session, we heard from Jimmy Lai’s son Sebastien, and his lawyer Caoilfhionn Gallagher KC, as well as from Ambassador James Cunningham, the former US consul general to Hong Kong. I know that they will be listening to today’s debate and will be extremely grateful to every single Member who raises Jimmy’s case this afternoon.
Our second evidence session, held last week, was devoted to the case of Alaa Abd el-Fattah, the British Egyptian dual national who has spent most of the last decade in an Egyptian prison for his writings on democracy and human rights. Alaa became a British national in 2021 through his mother, who was born in London. However, the Egyptian authorities have refused to recognise his UK nationality and have therefore denied him the UK consular access to which he is absolutely entitled.
Alaa was due to finish his latest five-year sentence on 29 September, but in an unprecedented twist and a clear violation of both international and Egyptian domestic law, the authorities in Cairo refused to release him, declaring that the two-and-a-bit years that he spent in pre-trial detention would not count towards his sentence, and that he will be kept in prison until 2027. In protest, as we have heard, his 68-year-old mother, Laila Soueif, began a hunger strike. Today marks the 67th day of her hunger strike. I am delighted that Laila’s daughter and Alaa’s cousin Omar are in the Gallery. Such is their determination that Laila and Omar attended our second inquiry session last week to give their account of what is happening to Alaa. They feel that he has been let down by successive British Governments. The right hon. Member for Hayes and Harlington (John McDonnell) has secured an Adjournment debate on this topic today, and I am sure that he will build a formidable case for the UK Government doing much more to secure Alaa’s release. Rather than making an identical contribution to the hon. Gentleman’s, I will use my time to share some of what Alaa’s mother and cousin said to our inquiry last week.
As I have said, one of the biggest blows to the family was Egypt’s decision not to release Alaa when his sentence was spent. When I asked the family how they thought the UK Government had reacted, Alaa’s mother said:
“I got the impression that they hadn’t registered the fact that Alaa had actually finished his sentence, even though I made sure to notify the British Government two months before...it was as if they hadn’t actually registered the significance of this date.”
Alaa’s cousin Omar added:
“On July the 8th, I sent an email congratulating the Foreign Secretary on his appointment...and then saying the fear now was that the Egyptian Government wasn’t going to release him”.
He continued:
“Then, on the 25th of September, the Foreign Secretary met with the Egyptian Foreign Secretary for the first time publicly, and there was a picture of them smiling together... four days before the release date on 29th of September.”
It really is not a good look for the Foreign Secretary to have posed for photographs with his Egyptian counterpart four days before a UK national—a human rights activist—was due to be released from prison, and after being warned that moves were afoot to detain him illegally.
Alaa’s mother says, “we warned them”. She said:
“We did warn them that it might happen, when we warned them that this date was coming up”.
When asked about Alaa’s reaction to all this, she said:
“He is disappointed very much by the behaviour of the British Government. You sort of expect the Egyptian government to do atrocious things. The fact that the British Government swallows them is not good.”
Much of the family’s criticism of successive UK Governments relates to the way that the same approach is taken time and again, regardless of who is in office. As Laila said,
“Four successive UK Prime Ministers, including Keir Starmer, have called for Alaa’s release, but none have taken any action beyond ‘raising the case’.”
She is absolutely right; that is a very valid point. The impression, rightly or wrongly, is that awkward human rights conversations are had, and there is much shuffling of feet and a few embarrassed platitudes are exchanged, before the discussion on trade takes place. One has to wonder how far that observation is from reality.
What the families want—not just Alaa’s family, but all the families we have spoken to—is a “whole government” approach, not just to securing Alaa’s release, but to ensuring that if something like this happens again, any regime arbitrarily detaining a UK national will understand that there will be serious consequences. They want the UK to send a clear signal that normal bilateral relationships will not apply. We have to make those relationships a lot more difficult, and be clear that there are certain things that the UK Government can do but will not do, and can give but will not give, because of the regime’s behaviour.
In the case of Egypt, that “whole government” approach would include changing the travel advice, and warning UK nationals travelling to Egypt that consular assistance cannot be guaranteed if a citizen is arrested. As former British diplomat James Lynch told our inquiry last week,
“The US Embassy has on its advice, a warning that it may have a limited ability to provide consular services in case of arrest or detention.”
More than 100 Members of both Houses wrote to the Government to suggest that they do the same, because tourism from the United Kingdom makes up 1% of Egyptian GDP. The Egyptians look closely at FCDO travel advice, and they would certainly take notice of UK travel advice if it changed to be in line with what the Americans have done.
As we have heard many times this afternoon, and as we have heard from the families, the UK has leverage, but unlike other countries, it is reluctant or unwilling to use it to secure the release of arbitrarily detained nationals. If the UK is to be taken seriously in this arena, it will have to use leverage and adopt a “whole government” approach, which includes trade.
People in Cairo believe that there is an Egypt-UK trade summit in the pipeline. The UK trade envoy recently visited Egypt, and there was a significant trade delegation from Egypt to the UK in September, which included the Ministers for finance and trade, as well as the deputy governor of the central bank. Was Alaa’s case raise? I strongly suspect not, but it could and should have been. Was the Egyptian ambassador summoned by the FCDO when Alaa’s release date was changed? He should have been, but I strongly suspect that he was not.
In short, Alaa and his family feel badly let down by this and previous UK Governments. In opposition, the now Government said all the right things, but when in power, they have proven to be just as ineffective as the last Government. I have no doubt that the Minister and the Foreign Secretary are sincere in what they have said, so that tells me that there is something fundamentally wrong with the system. That system might work for Government, but it does not work for people in their hour of greatest need. That has to change.
I give the last word to Alaa’s mother Laila, who told our inquiry:
“If the government thinks it’s risking problems with Egypt by pushing to let Alaa out, it is risking the same problems in a different way by not pushing. We are going to do our best to embarrass this government and to embarrass British companies who are investing in Egypt if Alaa is not let out. I am sorry to say this, but if things go as far as me collapsing and dying, it is embarrassing universally. The best-case scenario for them is to get this resolved any way they can.”
I sincerely hope that the Minister takes note.
Georgia
Brendan O'Hara Excerpts(1 year, 3 months ago)
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Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
I congratulate my hon. Friend the Member for Arbroath and Broughty Ferry (Stephen Gethins) on securing this urgent question. Last week the European Parliament called for a re-run of the elections, describing them as being neither free nor fair, and accusing the ruling party of being fully responsible for democratic backsliding in Georgia. Why have the UK Government not gone as far as the European Parliament in calling for a re-run of the elections? Will the Minister commit to sharing the evidence that she gets on electoral irregularities? What representations has the FCDO made to the Georgian ambassador to the UK about the road that the people of Georgia are being forced down?
Catherine West
I thank the hon. Member for his question and for his general interest in foreign policy matters in this House. He will be aware that the Minister for Europe, North America and the Overseas Territories, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), made clear the UK’s support for the findings of the preliminary report of the OSCE Office for Democratic Institutions and Human Rights election monitoring mission. The Government supported the programme with 50 observers to the elections. The report highlights irregularities, but while the investigation into those electoral irregularities is ongoing, the reasonable position to take is to wait for it to be completed so that we can understand exactly what went on and how much coercion there was. As a result, we would speak to our interlocutors—the Georgian ambassador and our mission in Tbilisi—about impressing upon Government figures the impact on Georgia’s international reputation of having a whole lot of young people protesting in the public squares.
We have called on the Government of Georgia to implement the recommendations of the monitoring mission after the publication of the report, so that we can base our policy on the facts in that report. As I explained to the Chair of the Foreign Affairs Committee, my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), we do not have an identical position to European partners. We want to take a reasonable position and ask questions, but that does not preclude taking firmer action later if we remain concerned about how the Government are formed following this election.
Oral Answers to Questions
Brendan O'Hara Excerpts(1 year, 4 months ago)
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Mr Lammy
The right hon. Gentleman should be reassured that I spoke to the Egyptian Foreign Minister yesterday and said to him that I was meeting Mrs el-Fattah today. I urged him to look at what parliamentarians are saying about this case, which is of huge concern, and pressed him to do more. We have continued to do that with the Egyptians. It is obviously sensitive because of the situation in Gaza, but I do not think the Egyptians are in any doubt about how seriously this case is taken by the British system, the Government and this Parliament.
Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
The all-party parliamentary group on arbitrary detention and hostage affairs has been hearing evidence from UK nationals who are being, or have been, detained. We were privileged to hear from Alaa’s mother just this morning. An oft-repeated concern is that if a UK national finds themselves in that awful situation, they are essentially on their own compared with other nationals. Does the Minister recognise that depiction, and if he does not, what can he point to as a unique advantage of having a British passport for someone who finds themselves arbitrarily detained?
Mr Lammy
I recognise that the hon. Gentleman has got some problem with having a British passport, but I have no such problem. I am proud to be a citizen of this great country, and we have some outstanding diplomats and officials in the FCDO. Of course, we recognised in opposition that there are issues in this area, which is why we have said that we will introduce a special representative to work with hostage families.
Middle East
Brendan O'Hara Excerpts(1 year, 5 months ago)
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Mr Lammy
We have one of the most robust export licensing regimes in the world. It is our legislation, so it is not the case that I have been proselytising to other countries to do what we have done. I did it because I believed that there was a clear risk that international humanitarian law was being breached in relation to our legislation. That is why I made the decision. It must be for others to reflect on their own laws and rules.
Brendan O'Hara (Argyll, Bute and South Lochaber) (SNP)
After a weekend of relentless Israeli attacks on a besieged population in northern Gaza, the United Nations has demanded that
“such blatant disregard for basic humanity and for the laws of war must stop”,
adding that the “entire population” of northern Gaza is “at risk of dying”. Unless the Foreign Secretary believes that the UN is lying, exaggerating or embellishing the situation in northern Gaza, there can be no basis whatsoever for the UK to continue arms sales to Israel. Is the UN lying, exaggerating or embellishing the truth of what is going on in northern Gaza right now?
Mr Lammy
The UN is absolutely not embellishing what is, very sadly, going on in Gaza right now, and that is why the United Kingdom has suspended arms sales for use in Gaza.
China: Human Rights and Sanctions
Brendan O'Hara Excerpts(1 year, 5 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Lammy
I told Wang Yi, the Foreign Minister, that it was not just unacceptable but counterproductive and that it needed to end. Those were my exact words.
Brendan O'Hara (Argyll, Bute and South Lochaber) (SNP)
Of course we were all pleased to hear both the Foreign Secretary and the Prime Minister describe the release of Jimmy Lai as a priority. In the Foreign Secretary’s meeting with his Chinese counterpart, what priority was given to the release of Jimmy Lai, and given its priority status when does the Foreign Secretary expect us to see measurable progress being made on Jimmy Lai’s release, and what will that progress look like?
Mr Lammy
“Progress” is Jimmy Lai’s release; that is the position of the UK Government. I cannot tell the hon. Gentleman when that will be, because we are not holding him; the Chinese are holding him. We continue to say that he should be released—that is our position.
Oral Answers to Questions
Brendan O'Hara Excerpts(1 year, 5 months ago)
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Anneliese Dodds
I am grateful to the right hon. Member for his question, but he must recognise that from the first day of the new Government coming into position we have sought to do all we can to advance the cause of a ceasefire. On the issue of international humanitarian law, which he rightly and clearly stated as an imperative, we have been consistently clear as a new Government that Israel must comply with international humanitarian law. It must allow unfettered aid access. Our message is clear: Israel could and must do more to ensure that aid reaches civilians in Gaza. We have upheld our legal requirements around that, as he will have seen in relation to decisions taken around arms export licences.
Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
Last month, the Minister of State told the House that
“we could not be clearer: intentionally directing attacks at civilian objects is a war crime. Those attacks threaten civilian access to power, heating and water supply, impacting the safety and livelihoods of millions of Ukrainians.” —[Official Report, 2 September 2024; Vol. 753, c. 29.]
She was right, so why is it that the Government can call out Putin’s war crimes the moment they happen, but they seem utterly incapable of doing that when the perpetrator is Netanyahu and the victims are Palestinians?
Anneliese Dodds
I regret the tone of the hon. Member’s question. Surely he can recognise that the new Government prioritise doing all that we can to secure the required ceasefire. The Government have repeatedly conveyed not just messages but action time and again to make sure we play our part, and that has been recognised internationally. The changes we have made around UNRWA, our commitment to the International Criminal Court and International Court of Justice, ensuring we hold to our legal requirements around arms exports—that is a Government that are committed to international humanitarian law.
British Indian Ocean Territory: Negotiations
Brendan O'Hara Excerpts(1 year, 5 months ago)
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Mr Lammy
I am hugely grateful to my hon. Friend, because the Commonwealth matters to those on the Government Benches. It used to matter to those on the Opposition Benches. As we head to the Commonwealth Heads of Government meeting in Samoa, it is hugely important that we are a country that plays by the rules. That is why this agreement is so important.
Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
I do not think it will come as a huge surprise to anyone that, unlike the outraged masses sat to my right, I have absolutely no problem with the principle of the United Kingdom divesting itself of what little remains of its colonial past. Can I ask the Minister about the involvement of the Chagossian people in this process—a people who he accepts have been treated shamefully by the United Kingdom and whose forced displacement is rightly regarded as a crime against humanity? Will he be clear about when his Government met the Chagossian people, the nature of the discussions that were had and the extent to which the opinion of the Chagossian people was represented in this deal?
Mr Lammy
As I have said, this deal will mean that, for the first time, Chagossians will be able to resettle on the outer islands. This was a negotiation between the United Kingdom Government and Mauritius; that was the nature of the state agreement. Of course, we sought to keep Chagossians informed, but I remind the hon. Gentleman—he knows this—that there are a range of Chagossian groups, with some in the Seychelles, some in Mauritius and some in this country.
Middle East Update
Brendan O'Hara Excerpts(1 year, 6 months ago)
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Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
I thank the Foreign Secretary for prior sight of the statement, and of course we welcome anything that reduces the appalling death toll in Gaza and, increasingly, sadly, in the west bank. The statement raises many questions, however, that I will write to him about later.
I will press the Foreign Secretary on the issue of the UK recognising that the Netanyahu Government’s use of UK weapons poses a “clear risk” of the violation of international humanitarian law. He will be aware that there is no legal definition of what is an offensive weapon and what is a defensive weapon, so why and on what basis, if there is a “clear risk”—in his words—of the violation of international humanitarian law, has he not imposed a blanket ban on Israel until that risk has gone away completely?
Mr Lammy
We have one of the most robust export licensing regimes in the world. The process requires us to make an assessment of the clear risk in the theatre of conflict, which in this case is Gaza. We therefore made an assessment of the licences that could be used in Gaza, and I made this announcement today. Notwithstanding the concerns around international humanitarian law in that theatre of action, the hon. Gentleman should recognise the real threats that Israel faces from Lebanese Hezbollah, recognise what the Houthis are doing in the Red sea—in just the last few days, we saw a terrible attack on a Greek oil tanker—and recognise the long-standing relationship that this country has with Israel, particularly as regards the intelligence and military co-operation that keeps much of the middle east and the world safe. On that basis, my remarks are measured, and I defend that.
Oral Answers to Questions
Brendan O'Hara Excerpts(1 year, 8 months ago)
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Anneliese Dodds
I am grateful to the hon. Member for his question. Of course, aid materials must always be provided directly to those in need, particularly in a situation of humanitarian catastrophe, which is currently the case in Gaza. It is incredibly important that food and nutrition, clean water, other forms of sanitation, medicines and shelter are provided directly to those in need; it is absolutely fundamental that they must not be misappropriated. Of course, these are issues that we have discussed with UNRWA and other aid agencies that are involved in the region.
Brendan O'Hara (Argyll, Bute and South Lochaber) (SNP)
Key to ending the humanitarian crisis in Gaza is stopping the sale of weapons to those who have shown that they are prepared to use them indiscriminately against civilians. It has been suggested that the Government will continue to sell defensive weapons, but given that Israel defines its entire campaign as “defensive”, how do they propose to tell us at the end of the review on international humanitarian law how many of the 40,000 civilians killed were killed with defensive weapons, as opposed to offensive weapons? On what legal basis would such a determination be made?
Anneliese Dodds
The hon. Member will be well aware that this is a legal process and has to be complied with. This Government are absolutely clear that we must act with integrity and ensure that we are following all the legal procedures, as the Foreign Secretary set out last week in the House and has set out this morning.
Lebanon
Brendan O'Hara Excerpts(1 year, 8 months ago)
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Mr Lammy
I am grateful to my very good friend, who has been championing these issues for many, many years. This last period has, of course, been of huge concern to him and his constituents. I was horrified by the degree of expansion that I saw in the west bank a few weeks ago: there has been more in the past year than we have seen in 20 years. The violence is unacceptable, and the tone, rhetoric and statements from some members of the Government are very alarming indeed. As my hon. Friend would expect, I pressed these issues with both the Israeli Prime Minister and the Israeli President, and we keep the situation in the west bank under close review.
Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
I thank the Secretary of State for prior sight of his statement and share his deep concern about where the region currently finds itself. He will not need reminding that, in the immediate aftermath of the Hamas atrocity on 7 October, the international community allowed Israel to blur the vital lines between legitimate self-defence and a lust for revenge. As a result, Israel has acted with impunity, 40,000 civilians are dead and Gaza has been reduced to rubble. What discussions has he had with Israel and our international partners to ensure that—heaven forbid—should this conflict escalate further, all those involved know, understand and accept that revenge and legitimate self-defence are not the same thing under international law, so that we avoid having another 40,000 civilian casualties in nine months’ time?
Mr Lammy
It was very important for me to visit the occupied territories and Israel within the first week in office. We said this in opposition and we say it again in government: of course, given the hostages who are still in Israel, Israel has a right to defend itself, but it is a qualified right—it has always been, within international humanitarian law. The scale of civilian loss of life—the children and the women who have lost their lives, the aid workers who have lost their lives—against a backdrop in which journalists are not allowed into the country has been a matter of deep concern and worry across the international community, so of course I have raised these issues. It was also important to meet hostage families and to be absolutely clear that we want to see those hostages returned.