UK Nationals Imprisoned Abroad

Fiona Mactaggart Excerpts

Tuesday 20th December 2016 Westminster Hall

[Mr Ellwood]

I understand what the hon. Lady is saying, and I shall address that specific case, but I should be clear that, in some cases, we are subject to the wishes of what the family want to do. I make an effort to meet the families, either with MPs, by myself or through our consular staff, and they themselves sometimes do not want things being made public—and sometimes I do not have permission to say what I am doing. Many cases have been brought up, particularly the two that we are focusing on, but I do not have permission to share in public what is going on, or to decide what can be said, because that is in the gift of that family, and we must respect their wishes. I ask Members to recognise that as well.

In these cases, we are often dealing with countries where governance, the rule of law and transparency are not at the levels that we in this country enjoy, defend or promote. We did not always have that right in the 800 years of our history; it took us a long time to get where we are today. Many countries are on that learning curve. It is absolutely right that our international development money goes towards helping to improve their justice systems, so that they have better, more transparent processes for dealing with such cases. That is the reality check—the prism through which we must look at these cases—but it should not deter us from ensuring that we work as hard as possible right across the piece to help Britons abroad.

As I say, consular assistance is at the heart of what we do in the Foreign and Commonwealth Office. Our consular staff give advice and practical support to British nationals overseas when things go wrong. That support, I stress, is not a right or an obligation. We do not have a legal duty of care to British nationals abroad, but this Government are proud, as I think successive Governments have been, of the long-standing tradition of offering British nationals the best consular service in the world.

[Fiona Mactaggart (Slough) (Lab)]

Will the Minister give way?

[Mr Ellwood]

I will not, because I am running out of time. If there is time at the end, I will. Independent customer feedback is overwhelmingly positive and shows that our staff approach their work with care, empathy and professionalism. As I have indicated, the volume, variety and complexity of cases are staggering. In the last financial year alone, our staff overseas dealt with more than 5,000 detentions, 3,600 deaths and nearly 4,000 hospital cases. We increasingly focus our precious resources on those who need it most: the vulnerable. Some things we do not and will not do, as has been implied by hon. Members today: we do not take decisions for people; we do not interfere in another country’s legal or judicial system, although as I said, we try to advance their systems through our other programmes; and we do not seek to get for British people a better deal than the locals get.

It is important that we use consistent criteria in determining how much support we provide in each case. Our job is to ensure that the public pressure in certain cases does not unfairly divert our attention from the large number of cases that never hit the media. While serious cases have been raised today, 13 British nationals face the death penalty throughout the world. There are more than 2,000 British nationals in detention at any one time, the greatest number of whom, about 400, are in the United States.

We have a clear process for engaging with detention cases. Host Governments notify us when a British national is detained, as long as that person agrees. We then make contact or visit the individual, where possible within 24 hours. Our priority is always their welfare—ensuring that they are receiving food, water and medical treatment, and that they have access to legal advice. In the majority of countries, our staff visit people in detention about four times a year. Some prisoners have described our visits as a lifeline; in some cases, they might be the only ones they receive.

Our assistance does not stop there. If British nationals tell us that they have been mistreated or tortured, with their permission, consular staff express our concerns to the authorities and seek an investigation. Where we cannot provide support, we work through others, such as the charity Prisoners Abroad, and they support detainees and their families and help to provide and maintain contact. If there is no family, Prisoners Abroad can help find people a pen pal or send them books to read or study. It can also help with prisoners’ resettlement in the UK after release.

The death penalty was raised by a number of hon. Members. Irrespective of the charges against any British nationals, we do all we can to ensure that the death penalty is not carried out. Indeed, yesterday, the United Nations General Assembly adopted a resolution in favour of a moratorium on the use of the death penalty. We continue to press countries to advance their systems so as to remove the death penalty, as we did in ours.

I turn to the two main cases that have been mentioned; if there is time, I will progress to others. If I do not get a chance to respond now, I will write to hon. Members on the details of the questions they have asked, as I have done after other debates.

Mr Tsege’s case is well known to me, senior colleagues in the Foreign Office and Members in the Chamber. We are committed to offering the best consular support to him and his family. Since he was arrested and taken to Ethiopia in June 2014, we have worked hard to ensure his welfare, and his access to consular and legal advice. We continue to do so. We take every opportunity to raise his case at the very highest levels in Ethiopia. The Ethiopian Government, whose own difficulties have been touched on today, are in no doubt about our concern for Mr Tsege and the priority that we place on ensuring his wellbeing. The Foreign Secretary and his predecessor have both raised Mr Tsege’s case personally with the Ethiopian Government, and our ambassador takes every opportunity to do so. I will visit the country at the end of January, and I will ensure that the mood and tone of this debate, and our important stress on the case of Mr Tsege, is related to the Government.

As a result of our continued high-level engagement, we have ensured that Mr Tsege is no longer in solitary confinement, and we have received a commitment from the highest levels of the Ethiopian Government that he will be given access to a lawyer. Last Thursday, our ambassador visited Mr Tsege, who appeared to be in good health and good spirits, and she was reassured about his welfare. Mention has been made of a private meeting not being allowed to take place, but the standard rules in Ethiopia are that all visits are accompanied. Those rules are followed by Ethiopians themselves.

I understand why some people have called for the UK Government to advocate Mr Tsege’s release, but we believe that calling for his release would not meet with success; just by shouting out, we would not win his release at this stage. Indeed, to do so could put at risk the progress made so far, including on our access to Mr Tsege. Furthermore, as I said at the start, we cannot interfere in the legal systems of other countries. We have, however, lobbied the Ethiopian Government strongly and consistently against the application and use of the death penalty. They can be in no doubt about our position.

On the case of Mrs Nazanin Zaghari-Ratcliffe, as hon. Members are aware, Iran does not recognise dual nationality—that is not the case in the UK; we consider Mrs Zaghari-Ratcliffe to be a British national—and has repeatedly refused permission for visits to her. We have repeatedly requested the Iranian authorities to grant us consular access so that we may be assured of her welfare. The Foreign Secretary, the Prime Minister and I have raised the matter at our respective levels. I also raised it with the Iranian ambassador only a couple of weeks ago, and I have met Richard Ratcliffe, the husband.

Since we were first made aware of Mrs Zaghari-Ratcliffe’s arrest, we have been supporting her family. I have met the family on three occasions to reassure them that we will continue to press the Iranians for greater consular access. We also stand ready to assist, if requested, with the return to the UK of her daughter, who is not, as has been said in the debate, trapped in Iran. The daughter is allowed to return to the UK at any moment; it is a family decision for her to remain in Iran.

I am obliged to give the final minutes to the right hon. Member for Carshalton and Wallington (Tom Brake), who introduced the debate. In conclusion, therefore, I simply say to all hon. Members that we take the issue of those detained overseas very seriously. I pay tribute to the families and loved ones during distressing times, and I thank consular officers who work every day to support British nationals in their most difficult times. I also thank Members of Parliament for the role that they play in bringing aspects of different cases to the fore and in lobbying me personally. I stand ready at any time to meet them, even away from the Foreign Office.

Supporting British nationals in difficulty abroad is an absolute priority for me and for us at the Foreign and Commonwealth Office. We cannot always do as much as families want, but I assure the House that we do everything we can, and we will continue to work tirelessly to protect British nationals’ welfare and to uphold their rights.