Thursday 4th November 2010

(14 years, 1 month ago)

Commons Chamber
Read Hansard Text
Lord Bellingham Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)
- Hansard - - - Excerpts

I begin by congratulating the hon. Member for Blaydon (Mr Anderson) on securing this debate. His persistence in following this complex and difficult case is an example of how he puts the welfare of his constituents at the forefront of everything he does.

It is clear that his constituent, Mr Robertson, is both angry and frustrated at the way he has been treated and is not satisfied with the explanations that have been subsequently offered. I thought it would be worth setting out what the FCO has done so far to assist Mr Robertson in bringing some form of closure to this difficult situation. I hope it gives some assurances to the hon. Gentleman that the FCO has done all it can in this case.

There are two separate but related issues. The first is the treatment Mr Robertson received from immigration officials at Narita airport and the second is the difficulty he encountered in locating his passport following his deportation. Let me deal with each in turn, explaining the action that consular officials have taken in each instance.

The first issue concerns what happened at Narita. As the hon. Gentleman is aware, Mr Robertson has been in regular contact with consular staff in the FCO following his deportation from Japan in February. He requested that we raise with the Japanese authorities his mistreatment by immigration officials at Narita. As the hon. Gentleman knows, the FCO takes allegations of mistreatment of British nationals very seriously and will always raise them with the appropriate authorities when asked to do so. Our embassy in Japan wrote to the Japanese Ministry of Foreign Affairs in March requesting that an investigation be carried out into the treatment that Mr Robertson was subjected to.

A response was received on 2 May stating that Mr Robertson was treated in line with procedures set out in Japan’s immigration and refugee recognition law. I must say that the two-month delay seems unacceptable and was inordinately long. The response also advised that Mr Robertson was treated in accordance with international human rights standards. The Ministry of Foreign Affairs also explained that when a foreign national is refused entry to Japan, the airline, as carrier, is responsible for deporting that person. I understand that a notice of deportation order was passed to KLM officials confirming that Mr Robertson was under their custody and that they were responsible for ensuring that he left the country.

I can appreciate Mr Robertson’s frustrations about the length of time it took for us to receive a response from the Japanese authorities and his concerns that the information received did not explain the reasons behind his deportation. As the hon. Gentleman is aware, consular staff raised Mr Robertson’s case within three days of his bringing it to our attention and they pressed the Japanese authorities for a response on four separate occasions after our initial letter in March.

I am aware that Mr Robertson was unhappy with the response received from the Japanese authorities and asked that the FCO carry out an independent investigation. At Mr Robertson’s request, consular staff approached the Japanese authorities for further information on the reasons why he was refused entry. The Ministry of Foreign Affairs would not divulge specific details of individual cases to our consular staff on the grounds that they are a third party.

As the hon. Gentleman knows, the FCO cannot force a foreign Government to respond to our requests, nor is there any legal obligation for them to share information with us. The FCO does not have any jurisdiction to carry out investigations overseas, nor can we insist that the Japanese authorities look into the matter more thoroughly.

I am confident that we explored all possible avenues to obtain this information on Mr Robertson’s behalf and I am sorry to say there is nothing the FCO can do to put pressure on the Japanese authorities to provide the information to us. Should Mr Robertson wish to continue to pursue this matter with the Japanese authorities, he should do so with the assistance of a lawyer. I understand that the hon. Gentleman and Mr Robertson have been given the contact details of the Japanese immigration bureau with which the hon. Gentleman can pursue this matter.

I am aware that Mr Robertson has expressed his dissatisfaction about the level of assistance he has received from consular staff both in London and in Japan, and his concerns that the assistance he was given differs from that provided to other British nationals. I am sorry he feels that way. However, I am confident that our consular staff did all they could to assist and support him in this matter. Consular staff strive to provide a consistent, professional service to all British nationals in accordance with our policies.

David Anderson Portrait Mr Anderson
- Hansard - - - Excerpts

May I refer the Minister to the specific point about Mr Robertson identifying the person he believed was responsible for the abuse, and the decision by the Foreign Office member of staff not to report that to the Japanese? Surely that should have happened.

Lord Bellingham Portrait Mr Bellingham
- Hansard - - - Excerpts

I am very grateful to the hon. Gentleman for raising that point. We will certainly pursue anything that he has raised in this debate that is new and of relevance. I will write to him on that specific point.

The second issue is the retrieval of the passport. I can understand Mr Robertson’s additional concerns in this regard. I understand that when the notice of deportation order was passed to KLM officials confirming that Mr Robertson was under their custody, his passport was handed over to KLM officials, and the Japanese immigration authorities’ involvement ceased at that point. As the hon. Gentleman knows, consular staff in Tokyo raised this with Japanese immigration officials and with KLM airlines in Amsterdam. On 25 May, Mr Robertson’s passport was found at KLM offices in Schiphol airport in Amsterdam, and it was subsequently returned to the Identity and Passport Service in the UK.

As the hon. Gentleman is aware, Mr Robertson’s passport was cancelled on 8 February. The UK Border Agency and Interpol were subsequently notified that his passport was no longer a valid travel document and that all appropriate steps were taken to ensure that his missing passport was not misused. Although the KLM flight captain and crew on the return flight were incredibly courteous and helpful to Mr Robertson, I am not impressed with the follow-up action they took, and there are certainly some points that need addressing.

I thank the hon. Gentleman for bringing Mr Robertson’s situation to the attention of the House. Having introduced a number of Adjournment debates on behalf of constituents over the years, I know first-hand that a Back Bencher’s highlighting of such cases, thus ensuring that their constituents’ concerns are raised and recorded, is incredibly important.

I have tried to spell out what the FCO has done to assist Mr Robertson with his case, although I can appreciate his frustrations at being told there is nothing further we, as an Office, can do to assist him with this matter. I am confident that consular staff have done all they could to bring the matter to a satisfactory conclusion. Obviously I would not presume to tell Mr Robertson what to do, but if there are outstanding issues that he wishes to pursue, then I really would encourage him to consider seeking the assistance of a local independent lawyer.

The hon. Gentleman said a moment ago that he was keen to have a meeting with me. I have never yet turned down a request from a parliamentarian to have a meeting. Parliamentarians obviously have the right to raise issues on behalf of constituents, and other matters, in the House on the Adjournment. When a parliamentarian contacts a Minister to say that he would like to have a meeting, that is certainly something that we consider very seriously. If the hon. Gentleman would like to come and have a chat with me, or indeed with the Minister of State, Foreign and Commonwealth Office, my hon. Friend the Member for Taunton Deane (Mr Browne), who is responsible for consular services, then of course we will accede to that request; we are more than happy to do so. I know only too well the hon. Gentleman’s determination and commitment to his constituents—not just this one particular constituent but all of them. He is a fine example of an MP who is taking up the case of a constituent and raising it in the House, and I applaud him for doing that.

The hon. Gentleman said that he would like us to facilitate a meeting with the Japanese embassy and with KLM. I cannot do that. However, as I said, when a parliamentarian contacts a Minister to request a particular meeting, we will certainly accede to that—these are, after all, requests from parliamentarians in the British House of Commons. I hope that his request for a meeting with KLM and the Japanese embassy will be taken very seriously.

Once again, I thank the hon. Gentleman for raising this matter. If there are any outstanding or additional points that I have not covered, I would be more than happy to write to him in the very near future.

Question put and agreed to.