British Nationals Detained Overseas

Martin Docherty-Hughes Excerpts

Tuesday 5th September 2023 Westminster Hall

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is good to see you in the Chair, Ms Ali. I thank the hon. Member for St Helens South and Whiston (Ms Rimmer) for securing the debate, and it is always good to follow the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) when we probably fundamentally agree completely on something.

This is not the first time that I have risen to my feet in Westminster Hall to speak on this very subject, and many here today will have heard me speak about it before, so I will do my best to say something new about the subject. There are many parts of the job that we are elected to do that our constituents expect us to do. Making speeches is one of them, as is helping constituents with the issues we all come up against as we deal with the authorities that be. There are, of course, others we do not expect to be involved in. I can say now, after eight years in this place, that dealing with constituents who are themselves in some sort of distress, or getting in contact on behalf of their family members who are, is certainly one of those things that we cannot prepare ourselves for before being elected.

Whether it is the distance, the unfamiliarity with the language and the culture, or just an enhanced feeling of helplessness, there is always a heightened feeling around such cases. I am afraid to say that the added extra in such cases always tends to be the disconnect, which is fairly unique in these instances, between what the UK citizen and their family expect and what services are actually available to them, as I think was alluded to by the right hon. Member for Chingford and Woodford Green. In this debate today, we are talking about UK nationals imprisoned overseas, but much of what I will say will also applies to many of those who come into contact with consular services.

Let us remind ourselves of the words that form part of our passports—recently updated, of course—to which, again, the right hon. Member for Chingford and Woodford Green alluded:

“His Britannic Majesty’s Secretary of State requests and requires in the name of His Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”

I would say that, for example, prisoners—those accused or convicted of wrongdoing—are the very definition of vulnerable people at the mercy of the state and how it administers justice. Regardless of their culpability within any jurisdiction, the very least the UK Government can ask of countries in which their citizens are imprisoned is that they are treated consistently and fairly.

Indeed, when I have previously spoken about the case of my constituent Jagtar Singh Johal, who was alluded to by the hon. Member for Rhondda (Sir Chris Bryant), I have used three phrases: transparency, due process, and the rule of law. Those are three things that I would hope any Indian national imprisoned here in the UK could rely on and should be the very least we expect in Jagtar’s case.

The case of my constituent Jagtar Singh Johal is a considerable matter of public record, and I have spoken in debates here and on the Floor of the House on a number of occasions since Jagtar’s initial detention in November 2018—coming up for six years ago. The circumstances of Jagtar’s arrest—being snatched off the street by unidentified men, held incommunicado, and then signing a confession, which, it later emerged, was extracted through torture—meant that the case got attention. His family, though understandably frantic, managed to have the presence of mind to bring together many of the elements within the Scottish, UK and global Sikh diaspora that eventually became the “Free Jaggi Now” campaign, which has fought tirelessly on his behalf.

Jagtar’s family also very quickly got in touch with their MP. I raised his case immediately in a point of order, and then at Foreign Office questions, when the then Minister stated at the Dispatch Box that the UK Government

“take extreme action if a British citizen is being tortured.”—[Official Report, 21 November 2017; Vol. 631, c. 858.]

I and the family were surprised to hear those words at the time, and they seem increasingly like a cruel joke for Jagtar and those close to him. On one level, we were fortunate that there was the initial publicity in the case and that the Minister’s words at least made the case something of a priority. Not every UK citizen—full UK national—detained will be able to say the same. As time has gone on and I have heard more about the plight of those in similar positions, as has been spoken about today, the more I have seen the gap between the expectations of families and what the FCDO can deliver.

I should say something about the consular prisons team before I take their superiors to task. Along with the staff at post in Delhi, who have made great efforts to visit Jagtar—bringing news from home and taking notes from his family to him—the team in King Charles Street have really done its utmost to keep up very good communications with the family, even with the political aspects of the case being uncertain or, indeed, negative. The professionalism that they have shown has been greatly appreciated by me and the family, and their ability to go above and beyond, putting in long hours in the offices at the top corner of KCS, never quite knowing when another crisis may strike, is to be commended. So why do they remain so deprived of the resources to do a job that is very much the bare minimum that UK citizens should expect from their Government?

Whenever I sit in on these debates, I hear the same list of grievances. I hear kind words from the Front Bench, but we continue to see the de-prioritisation of consular budgets. I reference at this point the excellent report published by the all-party parliamentary group on deaths abroad, consular services and assistance, led by my very good friend, my hon. Friend the Member for Livingston (Hannah Bardell). It is an APPG set up in the wake of a similar realisation to the one that I have described with my constituent.

The report is a testament to the work that the APPG did in giving those families a voice. It is full of excellent recommendations to ensure that the importance of consular services is recognised and informed by the lived experience of those families, in an attempt to ensure that their trauma in such situations is recognised. Consular services should have a much clearer identity within the FCDO, and the obligations it has towards UK citizens should be stated in a much clearer manner. One thing that I also hope that approach would achieve is helping families navigate what can be quite an intimidating bureaucracy.

Despite the initial statements about an extreme reaction, we now appear to be getting ready to announce the UK-India free trade agreement—quite a statement of priorities from a succession of Governments. I know that I need to come to a conclusion.

[Hannah Bardell]

Will my hon. Friend give way?

[Martin Docherty-Hughes]

Very quickly—I am conscious of time.

[Rushanara Ali (in the Chair)]

Order. The hon. Gentlemen should wind up.

[Martin Docherty-Hughes]

I could talk for three hours about this subject, which is very close to my heart and my constituents. I will sum up by referring to those words on the passport—and I hope the Minister takes note. This Government, and the one that is about to replace it, need to do much more to ensure that holders of that document receive

“such assistance and protection as may be necessary.”

That means funding consular services properly. To lead is to choose, and, frankly, they have chosen badly.

--- Later in debate ---

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

It is a great pleasure to be here today, Ms Ali. I am here in the place of the Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan). She has responsibility for consular policy, but she is travelling; I am very pleased to be here in her place. I am grateful to the hon. Member for St Helens South and Whiston (Ms Rimmer) for securing the debate and for the passionate contributions of other colleagues across the Chamber.

I will set out some general principles of our consular and detention policy before covering some of the specific questions asked about individual cases. Consular assistance to British nationals abroad remains at the heart of our work at the FCDO. Our trained staff are contactable 24 hours a day, 365 days a year, and they offer empathetic and professional support tailored to each individual case. They have a huge case load—some 20,000 to 30,000 cases annually—and we continue to review and improve the service that they offer; we always welcome feedback on how it can be improved.

Consular staff help about 3,000 British nationals who have been arrested or detained abroad each year, and their welfare and human rights are our top priorities. Consular officials are contactable 24/7, including if a British national is detained, and our support can include seeking consular access and providing relevant information to detainees. We can also raise specific consular cases with foreign authorities and support the families of those detained. Of course, this is considered on a case-by-case basis. I should like to be very clear that we thank our consular staff for the tremendous work that they continue to do.

As a general principle, we are guided by international law and the Vienna convention on consular relations. Our ability to offer support in a particular country is of course constrained by the laws and practice of that country. In detention cases, the detaining authority has jurisdiction and control over detained British nationals, and the British Government may not interfere in the foreign legal process. But we can and do intervene when British nationals are not treated in line with international standards or where there are unreasonable delays in proceedings. Of course, there are a number of areas where, sadly, consular staff cannot help. We cannot offer or pay for legal services, pay outstanding fines or ask for British citizens to receive preferential treatment on the basis of their nationality.

We do provide tailored support to detainees who raise allegations of torture or mistreatment—something that we take incredibly seriously. Although we cannot investigate such allegations ourselves, we will, with the detainee’s permission, raise our concerns with the local authorities and request an investigation. Last year, the FCDO received 133 new allegations of torture or mistreatment from British nationals overseas. Each year, we conduct a review of all such cases to identify trends and develop strategies to engage with relevant countries.

[Martin Docherty-Hughes]

Can the Minister confirm that that includes the accusation of torture in relation to my constituent Jagtar Singh Johal, who is in the Indian Republic?

[Leo Docherty]

Yes, indeed—we consider all these cases. If I may, I will come on to that case, because the hon. Gentleman has been a champion of it. Let me assure him—I am sure he knows this—the Government have raised concerns about Mr Johal’s case with the Government of India, including allegations of torture and his right to a fair trial, on over 100 occasions, and we will continue to do so. We take the UN Working Group on Arbitrary Detention’s opinion in this case very seriously. We have consistently raised concerns about Mr Johal directly with the Indian authorities and we will continue to do so, as I say. Having carefully considered the potential benefits and risks to Mr Johal of calling for his release, as well as the likely effectiveness of doing so, we do not believe this course of action would be in his best interests. But as I say, we will continue to raise his case with the Government of India.

Let me turn now to two cases mentioned by the hon. Member for Hornsey and Wood Green (Catherine West) and the hon. Member for St Helens South and Whiston. The first is the case of Morad Tahbaz in Iran. We are pleased to see that British national Morad Tahbaz has been released on furlough. That is a first step, and we remain focused on his permanent release. Of course, the UK is not party to negotiations between the US and Iran; the details of any agreement are a bilateral matter for those two countries. But we do think that his release on furlough is a positive step.

I turn now to the case of Mehran Raoof, also in Iran. We are supporting the family of Mr Raoof, who is a British-Iranian national and has been detained in Iran since 2020. Of course, his welfare remains a top priority. It remains entirely within Iran’s gift to release any British national who has been unfairly detained and so we should urge Iran to stop this practice of unfairly detaining British and other foreign nationals and urge it to release Mr Raoof.

I turn now to the case of Mr Alaa Abd El-Fattah, in Egypt. Of course, we remain committed to securing consular access for dual British-Egyptian national and human rights defender Alaa Abd El-Fattah. We continue to raise Mr El-Fattah’s case at the highest levels with the Egyptian Government. We remain committed to supporting him and his family. My right hon. Friend the Foreign Secretary met family members on 6 February, and Lord Ahmad has met family members several times—most recently on 6 July. Our ambassador in Cairo and consular officials are in regular contact with family members and they met most recently on 5 April. Of course, we will continue to offer all the consular support that we can.

I was very grateful to my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for raising the case of his constituent Mr Saiful Chowdhury. Of course I give him my absolute assurance that we will be happy to correspond and raise this case. Perhaps we could exchange details after this debate. We look forward to corresponding on that case and we look forward to offering any support we can to Mr Chowdhury, so I am grateful to my hon. Friend for raising that case.

Turning to the case of Jimmy Lai, which was raised by several Members, let me be very clear that we are using our channels with the Chinese and Hong Kong authorities to raise Mr Lai’s detention and request consular access. The Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed, last met Mr Lai’s son and his international legal team on 24 April and officials continue to provide support. We continue to make our strong opposition to the national security law clear to the mainland Chinese and Hong Kong authorities. It is being used to curtail freedoms, punish dissent and shrink the space for opposition, free press and civil society. The Foreign Secretary raised Jimmy Lai’s detention with Chinese Vice-President Han Zheng on 5 May and in his opening statement at the 52nd session of the UN Human Rights Council on 22 February. We will continue to raise this case and others.