Human Rights: Consular Services

Debate between David Rutley and Iain Duncan Smith

Tuesday 16th April 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

It is an honour to serve with you in the Chair, Dame Caroline. I congratulate the hon. Member for Edinburgh West (Christine Jardine) on securing the debate, and I commend her strong interest in supporting British nationals abroad. I note her work on the private Member’s Bill, which is also related to consular services, and will seek to address some of the concerns that she and others have raised. I reply as the Minister responsible for consular policy. I am grateful for the contributions of other hon. Members and acknowledge the strength of feeling on this important topic, both in the room and across the House more widely.

Let me begin by providing a brief overview of our consular services in human rights cases before moving on to details on some of the individual issues raised and some of the individual cases, which are important. A number of hon. Members raised points and concerns, including the hon. Members for Edinburgh West, for Cardiff North (Anna McMorrin), for Glasgow North (Patrick Grady) and for Livingston (Hannah Bardell). When we are talking about consular services, it is really important to highlight that these are genuinely complex cases—everybody recognises that—and, as a result, they are not simple. I review our complex cases very regularly, as do other Ministers; they are extraordinarily challenging.

I note gently to the hon. Member for Glasgow North, who I respect enormously on this subject, that we are now living in a world in which there is an increasing number of challenging and complex situations, and that makes this all the more challenging. We can have a debate about resources, but there is also a debate to be had about the demand and the challenges of the world that we are currently living in, which no doubt will be a debate that we continue to work through.

As others have done, I thank the amazing work of our consular officers and their extraordinary and dedicated service, particularly in some extraordinarily challenging situations. Our support for British nationals in difficulty overseas is right at the heart of the work of the Foreign, Commonwealth and Development Office. Our staff are contactable 24 hours a day, 365 days a year, and they offer empathetic, professional advice, tailored to each individual case. In the last 12 months, consular staff opened over 3,000 new arrest and detention cases and are currently providing assistance in over 1,800 cases. Detainees’ welfare and human rights are our top priorities. Our support can include seeking consular access, monitoring prisoners’ welfare and helping them gain access to local justice processes. We provide tailored information for each country on the local prison and judicial systems for detained British nationals about what to expect, and we also raise specific consular cases with foreign authorities and support the families of those who are detained. We will come on to some of those cases in just a minute.

We take allegations of torture and mistreatment incredibly seriously. When we receive such an allegation, we will consider approaching local authorities to support the welfare of the person affected, such as by lobbying for them to receive medical treatment or be moved to a different facility. Our approach is informed by our specialist human rights advisers, who provide expertise on human rights concerns and every allegation of torture and mistreatment. Where we hear of an allegation over the phone or from a third party, we prioritise actually visiting the detainee to check on them and, where safe to do so, ask about the allegation.

We are not able to carry out investigations in other countries. However, we can and do raise allegations of torture and mistreatment with local authorities, requesting an effective investigation as required under international human rights law where we have the consent of the individual to do so.

Last year, the FCDO received 189 new allegations of torture and mistreatment from British nationals overseas. Each year, our human rights advisers conduct a review of all such cases to identify trends and develop strategies to engage with relevant countries. For transparency, we publish consular data on torture and mistreatment as part of our annual human rights report. The Government take a taskforce approach to the most serious and complex cases. That ensures that we harness the right expertise across the FCDO and across Government, and the appropriate senior engagement to drive progress. My ministerial colleagues and I are consulted from the outset, receive regular updates on the cases and are involved throughout.

Arbitrary detention has also been raised. The UK deplores and condemns the practice in all circumstances; it is a clear breach of human rights and is contrary to international law. The FCDO is not a fact-finding or judicial body and is therefore not best placed to determine whether an individual’s circumstances could amount to arbitrary detention. Nevertheless, where the United Nations says that is the case or where there is supporting evidence, our expert advisers will form an assessment based on all available information, which will be put to Ministers to decide our approach.

We will never accept our nationals being detained as a means of diplomatic leverage and we are determined to combat the practice. In the very rare instances in which that is the case, a senior official such as that country’s director will lead case handling until the person is released. In that way, we have secured the release of British nationals across the globe, including in Iran, Afghanistan, Ukraine, Myanmar and Libya. We also work with like-minded states—for example, Canada—to end the use of arbitrary detention, to support those who have been arbitrarily detained and to demand accountability.

In all that, our ability to support British nationals overseas depends on the co-operation of the state in question. The UK is a party to the Vienna convention on consular relations, which is clear that we cannot interfere in foreign legal processes, with the detaining authority having jurisdiction over British nationals. The convention provides for consular visits to British detainees but is silent on dual nationality. Many states interpret that as meaning that it does not cover dual nationals in their other home country, which is a complicating factor, as many colleagues are aware. Where we have human rights concerns, we will also lobby to have access to detained British dual nationals. However, the host state’s national law and interpretation of the convention are key in determining whether we are able to gain consular access. That frequently hampers our efforts to support dual nationals, especially in cases that are politicised.

Before coming on to cases, it is important to note that in carrying out this important and complex work, we collaborate closely with partners who provide specialist support. Some of them have already been mentioned in the debate. The charity Prisoners Abroad does wonderful work to support British nationals detained abroad, to help their families and, on their release, to help them settle back into the United Kingdom. In cases where British and dual nationals face the death penalty, our partners Reprieve and the Death Penalty Project can offer support. We are assisting 10 British people sentenced to death around the world. We do all we can to prevent the execution of British nationals and we continue to campaign for capital punishment to be abolished.

A number of sensitive and challenging cases were raised at the start by the hon. Member for Edinburgh West, including that of Jagtar Singh Johal, which other speakers also mentioned. We have consistently raised our concerns about Mr Johal’s case directly with the Government of India, including his allegations regarding torture and mistreatment and his right to a fair trial. The Foreign Secretary met Mr Johal’s brother and the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) on 12 February. The Foreign Secretary is currently reviewing our approach to Mr Johal’s case, which he discussed with Mr Johal’s brother and the hon. Member when they met. Mr Johal’s family and hon. Members will be updated when that review is complete. Our approach will always be guided by our assessment of Mr Johal’s best interests.

The hon. Members for Edinburgh West and for Cardiff North mentioned the very sensitive case of Vladimir Kara-Murza. The politically motivated conviction of Mr Kara-Murza is absolutely deplorable. To answer some of the questions put by the hon. Member for Cardiff North, the Foreign Secretary met Mr Kara-Murza’s wife and mother on 1 March, and our officials continue to support his family.

[Sir Iain Duncan Smith]

I am concerned, because rather than run away, Kara-Murza went back to Russia to make the case against the brutality of the war on Ukraine, rather like Jimmy Lai did in his case. He is now incarcerated on trumped-up charges, which we have known for a long time. He is very ill, and his likely death is very much at the forefront of our mind because of the murder of Navalny when he became the main target. To that end, I note that the Minister’s predecessor, my hon. Friend the Member for Aldershot (Leo Docherty), said that

“we do not and would not countenance a policy of prisoner swaps.”—[Official Report, 19 February 2024; Vol. 745, c. 495.]

I ask the Minister to review that, because I do not think it is correct. That process has been used to obtain the release of British citizens in the past, including Nazanin Zaghari-Ratcliffe, and, I remind him, Natan Sharansky and Vladimir Bukovsky during the Soviet period. I am concerned that it will come down to that, as the only method we have available. He may not survive long if we do not do something about it. I would be grateful if the Minister took that away and asked his officials whether we will engage on this, if necessary, with a prisoner swap.

[David Rutley]

I understand my right hon. Friend’s point. I have always enjoyed his contributions, which are very thoughtful. I respect him enormously, having been his Parliamentary Private Secretary for more than a year. I can say that, as a result of what has happened to Mr Kara-Murza, the Foreign, Commonwealth and Development Office sanctioned 11 individuals in response to his sentencing and appeal, as well as two individuals involved with his earlier poisoning. I understand the points my right hon. Friend makes; I think he understands that we do not normally engage in prisoner swaps, and they are not part of our policy, but I will take his points away and talk to officials.

Other hon. Members have mentioned the case of Mr Alaa Abd El-Fattah. We remain committed to securing consular access and release for this dual British-Egyptian national and human rights defender. The Foreign Secretary and Lord Ahmad have met family members, most recently on 20 December 2023. I hope that hon. Members can see that these sensitive cases that have been raised are being tackled and engaged in at the highest level in the FCDO.

That brings me to the Jimmy Lai case, which has been mentioned by many hon. Members including the hon. Member for Strangford (Jim Shannon) and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith). Mr Lai’s prosecution is highly politicised, and the Foreign Secretary recently reiterated his call for Mr Lai’s release with Foreign Minister Wang Yi at the Munich security conference on 16 February. There has been some debate about Mr Lai’s citizenship. He is a British citizen but Chinese nationality laws are clear: China considers anyone born in Hong Kong to be a Chinese national. They do not recognise dual nationality, as I highlighted earlier in my remarks. Hong Kong authorities therefore consider Mr Lai to be a Chinese national.

[Sir Iain Duncan Smith]

Will the Minister give way?

[David Rutley]

In one second, because I have not quite finished. We have not been granted consular access. The UK Government are equally clear that Mr Lai is a British citizen and we continue to request consular access.

[Sir Iain Duncan Smith]

I am grateful to the Minister for giving way, but I have to ask why it took so long for the British Government to claim him as a British citizen. The Chinese position is hypocrisy, because not that long ago the Chinese authorities did not recognise someone who was in Hong Kong as a Chinese citizen. They reversed that only a few years ago, to claim them if they were born in China as Chinese nationals or dual nationals, which they then did not respect.

The problem is that the Foreign Office has got itself into a complete mess over Jimmy Lai, and it must never do that again. We should stand clearly on the basis that we recognise British citizenship and the individual’s passport. It is not for us to allow ourselves to repeat what the other nation says, in this case China, which is a disputed position from start to finish. Why we got into that, I have no idea at all.

[David Rutley]

I thank my right hon. Gentleman for his comments, but I would like to restate that the Foreign Secretary reiterated his call for Mr Lai’s release on 16 February. That is the Government’s policy. I think my right hon. Friend is pleased that that is the stance and that we continue to push for access to him.

I would like to respond briefly to the point from the hon. Member for Strangford about freedom of religion or belief. He and my hon. Friend the Member for Congleton (Fiona Bruce) are the two champions of this vital human right. I pay tribute to the hon. Gentleman for raising it repeatedly and in most debates of this nature. We are committed to defending freedom of religion or belief for all and promoting respect between different religious and non-religious communities. With all the many other rights we have that we obviously need to uphold and support, we must not lose sight of the importance of religion to so many people in this world and how much it means to them. We must respect that. The hon. Gentleman will be pleased to know that we continue to hold close this important human right. Most recently I have been focusing on the appalling human rights abuses around freedom of religion or belief in Nicaragua. I know that is an area he feels very strongly about too.

I should also mention the important case of Nazanin Zaghari-Ratcliffe, which has been raised by a number of Members, including the hon. Member for Edinburgh West at the start of her powerful speech. Nazanin, her husband Richard and their family were put through unimaginable torment by the Iranian authorities, and we are glad that that is over. FCDO officials and Ministers worked tirelessly to secure the release and return of Nazanin and other detainees from Iran. The Foreign Secretary met Nazanin Zaghari-Ratcliffe and Richard Ratcliffe on 15 March.

We should recognise that the Foreign Affairs Committee has issued a report and a follow-up report on what it calls “combating state hostage taking”. We do not recognise that term. However, the Foreign Secretary has fully read the FAC follow-up report and informed the Committee during his appearance before it on 9 January that he is taking more time to fully consider the recommendations before responding in full. These are important issues that require a lot of thought, and we need to pull our actions together.

It is vital to highlight that lessons have been learned from these cases, and we continue to learn as we deal with very challenging circumstances. Following the publication of the Committee’s initial report and having consulted with external trauma experts, FCDO has formalised arrangements to ensure that ongoing psychosocial support is made available to returning detainees—something I think the hon. Member for Livingston would approve of. That is very important. They will also have a named point of contact on return to the United Kingdom, and we have reinforced our partnership with Hostage International, so these lessons are being learned.

We heard from the hon. Member for Edinburgh West and the Opposition spokesperson, the hon. Member for Cardiff North, about how we can best support British nationals abroad. While we all have that as an aim, the Government have a different view on the case for legislating to support that aim. We believe that a legal right would not change the course and outcome of most complex cases. The Vienna convention on consular relations requires us to provide assistance without interfering in the internal affairs of the host state, so our ability to offer some kind of assistance would continue to remain dependent on co-operation from the host state. A law in the UK would not change that.

Most of our international partners do not offer a legal right to consular assistance to their citizens. That includes our Five Eyes partners: the US, Canada, Australia and New Zealand. Most countries, like us, have discretion in the provision of consular services and have a published policy or charter that sets out what services citizens can expect. There are some exceptions in Europe that have provisions for this legal right—Germany, Sweden and Belgium. It is important to highlight that we are aware of only three of the more than 190 countries in the world that have provisions for some form of legal right, and their laws are specific about the limitations.

Consular assistance is wholly dependent on what the receiving state—the foreign country where the consular services are offered—will allow. Sweden also charges for all consular services and makes having appropriate insurance compulsory. There are some important issues to think through in this area, notwithstanding the fact that we all recognise that consular services are an important way to support British nationals overseas.

I thank all hon. Members for their valuable contributions. We will continue our efforts to support detained British nationals and tailor our approach to specific cases, within the parameters of international law. I thank the families of detainees who help to support their loved ones. I also thank our specialist partners, including Prisoners Abroad, Reprieve and the Death Penalty Project, for their expertise, and the other organisations that hon. Members highlighted. Last but by no means least, I pay tribute to our consular officers, who put huge effort into helping people in the most difficult circumstances. They do important work, and we are very grateful for all that they do.

Republic of Belarus and the Russian Federation: Sanctions and Tariffs

Debate between David Rutley and Iain Duncan Smith

Wednesday 8th March 2023 Westminster Hall

[David Rutley]

I will come on to what we are doing to tackle circumvention in a little more detail. The Russians are doing everything they can to try to avoid these sanctions, because they are biting on their economy. We continually need to refresh our sanctions approach to respond to that, and we are.

The hon. Member for Mitcham and Morden will be aware that a letter to the Foreign Secretary in January was passed to HMRC, as the lead enforcement authority for trade sanctions, for further review. As I am sure she will understand, HMRC cannot and does not comment on specific cases. However, I can assure her that the Government and HMRC take this and all reported alleged sanctions violations very seriously indeed.

I will take this opportunity to acknowledge the important role that businesses can and do play in providing us with information and intelligence about suspected sanctions breaches, such as by self-reporting. That is an important part of our sanctions enforcement architecture, and it is vital to help to inform the action that is taken.

The hon. Lady asked about steel and aluminium products. That issue relates to differences in the scope of the UK’s Russia and Belarus sanctions regimes, as has been highlighted by a number of colleagues. Different regimes serve different foreign policy objectives. Although there are links between Russia and Belarus sanctions, they are distinct. We keep our sanctions under review. Given Russia’s ongoing and outrageous actions in Ukraine, we have continued to bring forward new measures since the invasion last year.

[Sir Iain Duncan Smith]

I understand where the Minister is now, but is not the problem that there seems to be no exchange between Departments as to exactly how this works? It seems illogical to me that different countries now sanction different groups and industries in different ways. Surely, the key here—this relates to the measure that I raised earlier—is that we now sanction far fewer individuals than the United States does. On industrial sanctions, we seem to have no common purpose. With respect to the Minister, and I am a big supporter of his, he should surely go back to his Department and set out that it is not good enough to say there are different regimes. We know how involved Belarus is with Russia, and we know what the links are. We should treat them both exactly the same and get on with it.

[David Rutley]

I thank my right hon. Friend, who knows that I am also his fan, because we worked together—or, rather, I worked for him a long time ago; let us be clear about that. I respect him enormously on a range of issues.

I say gently that the UK has worked closely with our international partners to maximise the impact of our sanctions, and we have taken co-ordinated action to ratchet up economic pressure on Russia. It is not just about comparison, although I know my right hon. Friend is very hot on that issue; it is also about collective action to ensure we get maximum impact. We have demonstrated leadership in the most impactful areas. For example, we are the only international partners with designated top executives at Rosatom, the Russian state nuclear corporation—a key Ukrainian priority.

Let me come back briefly to sanctions circumvention, which is an important issue. We will continue to bear down on Russia and Belarus by implementing further sanctions and leaning in to tackle Russia’s attempt to circumvent measures that are already in place, as we have done over the past year. That means coming down hard on sanctions evaders, closing loopholes and working with our international partners to undermine Russia’s attempts to build global resilience to western sanctions. That includes through the G7, which reaffirmed unwavering support for Ukraine on 24 February, one year on from Russia’s illegal invasion.

We are also addressing the threat of third country circumvention—that is a point that the hon. Member for Mitcham and Morden made earlier—by using diplomatic channels to limit the size of the international market to which Russia can turn. The UK Government and our law enforcement agencies are using a range of tools to ensure that all forms of circumvention are identified and tackled, including by taking criminal enforcement action where appropriate.

We are taking action and having an effect, but I understand the points that have been raised. We will continually review our sanctions package and enforcement measures, and we will come down as hard as we can on those who seek to evade and avoid the sanctions regime.

Question put and agreed to.

Anti-lockdown Protest in Shanghai: Arrest and Assault of Edward Lawrence

Debate between David Rutley and Iain Duncan Smith

Tuesday 29th November 2022 Commons Chamber

[David Rutley]

As always, my friend the hon. Gentleman raises important points, and he can be assured that when the Chinese ambassador is called in to the FCDO, they will be raised, particularly the immediate point about the arrest, its unacceptable manner and the justification, which as he highlighted is incredibly thin. In that meeting, we will also raise the wider point he has mentioned about the safety of journalists. He raises a number of other important points, including about Chinese police stations. As the Minister for Security, my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), made clear in his statement to the House on 1 November, reports of undeclared police stations in the United Kingdom are extremely concerning and will be taken seriously. The Home Office is reviewing our approach to transnational repression, and the Minister for Security has committed to providing an update on that work to the House in due course. The hon. Gentleman rightly says that there are wider concerns about the increasing authoritarianism and muscular foreign policy of the Chinese, and the Prime Minister rightly set out a new era of robust pragmatism, which we have seen grow over recent years, but which was clearly articulated by the Prime Minister yesterday.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

May I congratulate our friend the hon. Member for Strangford (Jim Shannon) on successfully securing this urgent question? He raises a series of very important points. We all absolutely and rightly condemn the brutal treatment yesterday of Ed Lawrence, the BBC cameraman, that saw him dragged away and beaten. I have seen a text from him to a colleague saying that he was beaten hard during the course of his detention.

With all the other issues that have been raised—the chasing and incarceration of journalists in Hong Kong, the crackdowns and genocide on the Uyghur—there is now an endless litany of China’s bad behaviour, so I simply ask my hon. Friend the Minister this. How is it that yesterday the Prime Minister, who previously said that China posed a “systemic threat”, has now moved to saying it poses “a systemic challenge”, and that our strongest policy statement now, in terms of our reputation and relationship with China, is that we are going to be “robustly pragmatic”? Can he please explain to me how “robustly pragmatic” will worry the Chinese any one bit?

[David Rutley]

I thank my right hon. Friend for his comments. He is a long-standing campaigner on these issues, and I listen keenly to what he says, as does the Foreign Secretary. What the Prime Minister set out yesterday was a co-ordinated and coherent approach in which we do more to adapt to China’s growing impact. As he knows, we will revise and update the integrated review, which will help us to invest in our alliances and in the serious capabilities that we need to counter the actions that we see in China’s foreign policy.

--- Later in debate ---

[David Rutley]

rose—

[Sir Iain Duncan Smith]

It is a team effort.

[David Rutley]

It is indeed a team effort; we have seen our colleagues work together on these issues before, but it is good to be able to respond to both of them. The points the right hon. Member for East Antrim (Sammy Wilson) makes are important and we are updating the integrated review and our broader strategy. We are very committed to investing in the alliances and capabilities we need to counter the growing threats and challenges the right hon. Gentleman highlighted in his important contribution—even if it was a bit long.

Oral Answers to Questions

Debate between David Rutley and Iain Duncan Smith

Monday 13th December 2021 Commons Chamber

[David Rutley]

The hon. Member talks about in-work poverty. Important steps were put forward in the Budget to improve the taper rate and the work allowance, which will really help many of his constituents—in fact, the vast majority of them, about 3,966.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I very much welcome the change to the taper rate for universal credit. This will be of enormous help in reducing child poverty for parents who are in work. As we run into the new year, could my hon. Friend now persuade the Chancellor to look carefully at further helping out by putting more money into the work allowances for many of those who are trapped and unable to get into work?