UK Citizens Returning From Fighting Daesh

Jim Shannon Excerpts

Tuesday 19th April 2016 Commons Chamber

[Robert Jenrick (Newark) (Con)]

I am grateful to you, Mr Speaker, for granting this debate, and to so many right hon. and hon. Members for expressing an interest in it. I am particularly honoured that my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) will respond to the debate for the Government. I know that the nation sleeps more soundly and sweetly in the knowledge that he is our Minister for Security.

This question is not a new one. We have grappled with how to view and respond to our fellow citizens who go abroad to fight in foreign wars. They did so not for money, as mercenaries, but because they believed that was the right thing to do, and they joined the side of the conflict that at least ostensibly—and certainly, for those unversed in the complexities of an individual conflict—held widespread public support. That side was viewed by many, perhaps at times the majority, as the right side, or as, in one way or another, Britain’s ally. Some 50,000 English, Scots, Welsh and Northern Irish fought in the American civil war, and several thousand fought in the Spanish civil war, as was memorialised by George Orwell. More recently, dozens of British volunteers joined Croatian units during the Yugoslav wars between 1991 and 1995.

After the experience of the American civil war, Parliament passed the Foreign Enlistment Act 1870, which prevents Britons from enlisting in a foreign army that is at war with a state currently at peace with the United Kingdom. However, that Act has never been properly enforced. It was, and it remains to this day, extremely difficult to monitor and to prosecute such an offence. Those returning from the Spanish civil war frequently expected to be given a hero’s welcome; in fact, they were invariably treated with suspicion by the police. They faced workplace discrimination, and many were even prevented from enlisting during the second world war.

Today, many—perhaps hundreds; I do not have an authoritative estimate, but perhaps the Minister will give us one in a moment—British citizens have travelled to northern Iraq, and from there into Syria. They have trained with Kurdish forces and militias and, ultimately, fought on the frontline against Daesh, in some cases in the fiercest fighting that there has been in this conflict, at Sinjar and Kobane.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for securing this debate about a very interesting issue. Many people who went to the middle east to fight on the allied side—the side that the Government are supporting—checked with their own police forces and Government officials to let them know that they were going, and they were allowed to go, but when they returned, some were arrested, questioned and detained. Is there not something wrong when someone checks to see whether it is all right to go but then is arrested on their return? Why should that be?

[Robert Jenrick]

The hon. Gentleman gets to the point of the debate and I will return to that issue in a moment. The Government and the country need a clear and consistent policy. If we let individuals go, why should we arrest them for terrorism on their return?

--- Later in debate ---

[Mr Hayes]

The hon. Lady makes a reasonable case. There is a robust system in place for missing persons to be identified, for example, by the Turkish police on the Syrian border. We spend a great deal of time considering the issue of people returning from Syria, because some of them will subsequently be subjects of interest to our intelligence services and to law enforcement. However, the point that my hon. Friend the Member for Newark was making was that if someone has said to the police, “I’m going,” do different forces apply the same policy consistently? It is a reasonable point, which is why I have committed to considering it in more detail and to looking at the guidance.

[Jim Shannon]

Will the Minister give way?

[Mr Hayes]

I am anxious to make progress, but I will briefly give way to the hon. Gentleman.

[Jim Shannon]

This House took a majority decision to support bombing attacks in Syria and Iraq. Those who watched those debates would assume that the bombing would be in support of the 70,000 allied forces and supporters who were trying to fight Daesh on the ground. That was the whole purpose of the House’s decision. Anyone watching that debate who wanted to support the factions fighting Daesh would feel, when they spoke to the police, that this House was already fighting a war, and that they were doing nothing wrong. Does the Minister understand that that is the issue put forward by the hon. Member for Newark (Robert Jenrick)? There are two different groups: those who are fighting Daesh, and those who support Daesh.

[Mr Hayes]

I am saying to the hon. Gentleman that someone might think that they are going out for what might be the perfectly noble cause of fighting our common enemy, but there is always a great deal of uncertainty about what happens when they get there. Such people are by their nature often quite ignorant of what they will encounter and may become linked to, tied to, or involved in all kinds of organisations and groups, some of which are proscribed in this country and engage in all kinds of other activities as well as the battle against Daesh. This is a complicated issue and should not be presented as anything else, although I understand the hon. Gentleman’s sympathy.