Detained British Nationals Abroad

Thursday 5th December 2024 Commons Chamber

12:12

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

I beg to move,

That this House is concerned by the number of arbitrarily detained British nationals at risk of human rights abuses abroad and the apparent lack of active support for those detained; and calls on the Foreign, Commonwealth and Development Office to provide regular reports on when it last raised the cases of those people with its international counterparts.

I am enormously pleased that the Backbench Business Committee agreed to find sufficient time to debate this issue. Too often, the issue of British citizens detained abroad gets washed away in all the other debates, no matter who is in government. As I have said before, regardless of who is sitting on the Government Benches—be they Conservative, Labour or whatever—I tend to find myself in opposition on issues such as this, as do many Members here. We have serious concerns that the issue is not raised enough, and cases are locked behind a wall of silence. I want to change that today.

My intention is to call on the Government, first of all, to provide regular reports—something they never do —on when the Foreign, Commonwealth and Development Office last raised the cases of British nationals who are arbitrarily detained abroad and at risk of human rights abuses. Individuals detained abroad are particularly vulnerable to torture, ill treatment and other serious human rights violations from the moment that they are detained. At least 100 UK nationals are tortured or ill treated abroad every year. In 2023, the FCDO received 188 new allegations of torture and mistreatment from British nationals overseas. It goes on and on.

Arbitrary detention and hostage-taking are devastating, but are practised by a number of regimes, chief among those being Iran. That is devastating for the individuals affected and their families. Survivors bear the physical, psychological and socioeconomic scars of their captivity. Survivors’ families also endure significant psychological distress, often facing vicarious trauma as they fight for their loved ones’ release and feeling that they are fighting a losing battle against even the establishment here in the United Kingdom.

The support that the British Government can provide to their nationals in these harrowing circumstances is crucial. They are sometimes the only link between the individual and the outside world.

[Christine Jardine (Edinburgh West) (LD)]

The right hon. Member mentioned support from the British Government. Does he agree that that support is not always as consistent across the globe as we might like and as many members of the public would imagine it to be? There is no guarantee or legal right imposed on the UK Government to do it in the way that there is, for example, on the American Government. Does he think that the situation is unsatisfactory and, if so, what does he think the Government should do about it?

[Sir Iain Duncan Smith]

I completely agree. I have no problem agreeing on this matter. It has been a long-standing issue for families and Members of Parliament that, somehow, the FCDO puts a cloud of obscurity in the way of real knowledge about what is going on. For families, that can be incredibly difficult.

[Apsana Begum (Poplar and Limehouse) (Ind)]

The right hon. Member may be aware of the case of Alaa Abd el-Fattah, a British national who remains in an Egyptian prison. Like me, is he very concerned that Mr el-Fattah’s mother, Laila Soueif, who is 68 years old, is now on the 67th day of a hunger strike? As I understand it, the Foreign Secretary last raised the case on 14 November. Does the right hon. Member agree that more needs to be done beyond just raising the case?

[Sir Iain Duncan Smith]

I absolutely agree. That case will be raised today. All of us who want to speak in the debate have agreed that we will make sure that individual cases are raised in detail. I will touch on some to summarise them, and I will detail a couple of them. The hon. Lady is quite right. What has happened is appalling, and we need to ensure that more is done—that is critical.

Those who fall prey to detentions are too often let down by British Governments. I say, without let or hindrance, that that includes the Conservative Government who were in office previously, the Labour Governments before that and the present Labour Government. I hope that will now change.

The Foreign Secretary recently confirmed that there are 28,000 prisoners in the system, yet the Foreign Office refuses to disclose exactly how many are British nationals who are being arbitrarily detained. Why not? What is so ground-shaking about discovering who the British nationals are, for goodness’ sake? I hope the Minister will agree that it is essential that the Government publish data on the number of British citizens who are arbitrarily detained or held hostage abroad. Sadly, there are British nationals in arbitrary detention in repressive countries all over the world. Quite often, we are not aware of them. As I said in response to the hon. Lady, those cases will be raised.

With your indulgence, Madam Deputy Speaker, I remind the House that family members are watching this debate from the Gallery. I will quickly name them, if that is all right with everyone here. We are joined by Omar Robert Hamilton, Alaa Abd el-Fattah’s cousin, and Sanaa Seif, Alaa’s sister. We are joined by supporters and family members of Ryan Cornelius. I am deeply sorry that Ryan’s wife, Heather Cornelius, is unable to join us today, but Ryan’s brother-in-law, Chris Pagett, and his wife Diana are with us, as well as Ryan’s sister-in-law, Wendy Thompson, and her husband David. Also sitting in the Gallery is Matthew Hedges, a victim of arbitrary detention in the United Arab Emirates, and Peter Humphrey, a former prisoner of China.

Too often, families feel that they are fighting two battles: one against the foreign state that has detained their loved one, and another against the UK Government, who do not seem to prioritise the case. I am deeply sorry that that should be the case, and today’s debate is about, hopefully, sowing the seed of change.

[Matthew Patrick (Wirral West) (Lab)]

The right hon. Member mentioned the families who are here today to listen to this debate, and in doing so highlighted the impact on not just those detained or held hostage but their loved ones, friends and family. I take the opportunity to invite him to recognise the family and friends of British-linked hostages held in Gaza—Oded Lifschitz, Eli Sharabi, Avinatan Or and Emily Damari—and their cases.

[Sir Iain Duncan Smith]

I was going to say it, but as the hon. Member has raised it, I will do so now: we must not forget those hostages. What has happened to them is appalling, and he is right to raise it. Families across the UK listening to this debate will be appreciative of that.

A critical issue is the lack of a clear and proactive response strategy from the FCDO. There is no centralised approach for dealing with arbitrary detention cases, and that absence of structure adds to the stress for families, who feel unsupported and often ignored.

[Sir Julian Lewis (New Forest East) (Con)]

My right hon. Friend’s point is surely the critical one. Traditionally, the best and the brightest went into the diplomatic service and the Foreign Office intake, but even the brightest people need to specialise if they are to do a good job. Given that so many people are being detained in this way, surely the answer is to have a small dedicated unit within the Foreign Office that can handle the co-ordination of a systematic response every time someone is arbitrarily detained abroad.

[Sir Iain Duncan Smith]

I agree with my right hon. Friend. The point I am really getting at is that the days of the shifting jobs of generalists are long gone, I am afraid. I have often made the case, having run a Department, that the civil service and the Foreign Office need to catch up with what is happening outside. We need specialists in place, and we need that to be considered an important job.

In cases where British nationals are detained abroad, the families of those detained have often found the UK Government reluctant to act to prevent torture or to seek accountability where it occurs. If they are acting, they do not relay that to the families, so the families are left believing that nothing has happened, even if something has happened. For instance, when Nazanin Zaghari-Ratcliffe, a British-Iranian dual citizen, was detained in Iran, her family first raised allegations of torture with the FCDO in 2017. It was not until May 2021—following outside pressure from Redress and others, by way of a submission to the FCDO of a medical report as evidence of her severe suffering—that the then Foreign Secretary, Dominic Raab, an old colleague of ours, acknowledged that she had been a victim of torture. Why did it take so long? It seems to me that this is pointless.

In the case of Jagtar Singh Johal, a British national tortured by police in India, FCDO officials would only raise the allegations of torture with the Indian authorities once they had sought consent from him directly, which took two to three months. I know that the hon. Member for West Dunbartonshire (Douglas McAllister) intends to speak about that case, but I just raise it generally as an illustration of what is going wrong.

Families of detainees face significant challenges in their engagement with the FCDO. Many report vague or inconsistent communication, which breeds mistrust. There is a critical need for a designated point of contact for families, as happens in the States, to ensure transparency and accountability in the handling of cases. Without that, families feel abandoned by their own Government while simultaneously battling the detaining state with few tools.

The FCDO also lacks a consistent policy on the treatment of dual nationals, often citing states’ refusal to recognise dual nationality as a barrier to action. That is a practical challenge, not a legal one, and it should not stop UK officials from attempting to access prisons or courts. When the Government fail to act, it risks sending a damaging message to dual nationals that they are less British and, by extension, less deserving of protection.

For instance, that reasoning was used very much in the case of Jimmy Lai, who is a British citizen. China decided, because it does not recognise dual nationality, to call him a dual national. He has never been a dual national, and I have lost count of the number of times that I have literally shouted at Government Ministers in Westminster Hall that he is not a dual national. When they got up to speak, they just said that he is a dual national. He has never been a dual national. He is a proud British citizen. He got into Hong Kong long before he was of an age to have a nationality in that sense or a passport. He has been a British national non-stop since then.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

Does the right hon. Gentleman agree that it does not matter whether someone is a dual national or not? If they are British, they are British and they are proud to be British. We should simply talk about them being British citizens, and not even bother talking about dual nationals.

[Sir Iain Duncan Smith]

I could not agree more with the right hon. Lady, and I welcome her to the debate as Chair of the Foreign Affairs Committee. She is absolutely right, but the problem in this case is that dual nationality was used as an excuse for why the Government did not want to raise the matter, because China did not recognise that British citizenship. She is right that if someone is a British citizen, they are a British citizen, and the inside of the passport tells us why that is important. It seems to be ignored too often.

We know that sanctions are a vital tool for deterring and punishing state actors involved in arbitrary detention, yet that tool is often underutilised by UK Governments. I will touch on that later, because compared with the Americans, we fail to utilise it as a possible way to leverage changes to what is going on outside.

Another area of concern is the inconsistent application of Government policy regarding international legal standards. When the Minister comes to the Dispatch Box, will he confirm the Government’s official definition of arbitrary detention? How does it align with international legal standards, such as those established by the United Nations working group on arbitrary detention? I have never been able to get an answer out of any Foreign Minister yet, but I ask him, given his experience in the Department, to kindly find out the definition for us and let us know.

I said I would raise specific cases, so I will run through some of the list. Ryan Cornelius is a British citizen unjustly detained in Dubai for more than 16 years, originally in isolation. His case represents an egregious violation of human rights and, importantly, of due process. He was arrested in 2008 on false fraud allegations relating to a $500 million Dubai Islamic Bank loan, and his 10-year sentence was extended by 20 years in 2018 through retroactive application of a new law without proper legal proceedings. The bank seized assets worth $1.6 billion from Mr Cornelius, far exceeding the original loan amount. The UN working group on arbitrary detention has ruled categorically that Ryan’s detention is arbitrary and in violation of international law, calling for his immediate release and compensation. However, there still appears to be FCDO resistance.

Mohammed Ibrahim Al Shaibani became DIB chairman shortly before Mr Cornelius’s arrest. He appears to have orchestrated Mr Cornelius’s continued detention and the asset seizure. Mr Al Shaibani holds influential positions in Dubai’s Government, indicating an abuse of power. Mr Cornelius is now 70 and has suffered severe health issues in prison, including tuberculosis that went untreated for 18 months. Meanwhile, his seized property, originally claimed to be “worthless” by the bank, is now being redeveloped as a luxury project called The Acres, worth, strangely, $3 billion.

Under the last Government, I raised Mr Cornelius’s case finally with the former Prime Minister Lord Cameron while he was Foreign Secretary. Subsequently, he engaged personally in seeking clemency for Mr Cornelius. He met the family, raised the case with the UAE Foreign Minister and wrote personally to the ruler of Dubai. That was a first, because everybody else seemed to have shied away from this one, not wanting to upset the UAE, it appears.

To be fair to Lord Cameron, he got the issue and he started to tackle it, and that was important. The present Foreign Secretary, who replaced Lord Cameron in July, failed to raise Mr Cornelius’s case in his recent visit to the UAE in September, which perplexes me, given that it had already been raised. That just encourages a country like the UAE to carry on and to double down. I do not understand why.

In response to my written question to the Foreign Secretary, I received this answer:

“The Foreign Secretary raised the importance of consular issues, although not this specific case, during his visit to the UAE on 5 September and first meeting with Foreign Minister Sheikh Abdullah bin Zayed.”

I understand that on Sunday, the Prime Minister is expected to visit the UAE and, I think, Saudi Arabia. Will the Minister make it clear to the Prime Minister— I believe this is the view that will be expressed in this debate—that he must not only raise the case, which is important, but demand categorically that Ryan Cornelius is released into the hands of his family without delay? I hope that whatever is summarised from his meetings, that specific issue is there in black and white for this House to record.

The hon. Member for Macclesfield (Tim Roca) raised Mr Cornelius’s case several weeks ago in an Adjournment debate, when he was reassured by the Minister for Development, the right hon. Member for Oxford East (Anneliese Dodds), that:

“the case will continue to be raised with the UAE authorities”,—[Official Report, 19 November 2024; Vol. 757, c. 241.]

and yet it was not. If Ministers give assurances in this House, Madam Deputy Speaker, do you not agree that they should actually back up those assurances? I wonder if the Minister present will explain why that was the case.

Although individual cases are raised with international counterparts, often no concrete action follows. I hope the Minister agrees that once a case is raised, it will be followed up. In Mr Cornelius’s case, I believe the path could culminate in sanctions, so there is a process. It is clear that raising the case with the UAE authorities has yet to produce a result. What we want is a real record that the authorities are now being warned that should they fail to take action, individual sanctions under the Magnitsky rules will follow.

Will the Minister therefore now look to imposing targeted Magnitsky sanctions on those responsible for Mr Cornelius’s arbitrary detention and asset seizures? There are a number of them: His Excellency Mohammed Al Shaibani, who was the chairman of the DIB; Yahya Saeed Ahmad Nasser Lootah, the vice chairman of the board of directors; Hamad Abdulla Rashed Obaid Al Shamsi, who was a board member; Ahmad Mohammad Saeed Bin Humaidan, a board member; Abdul Aziz Ahmed Rahma Mohamed Al Muhairi, a board member; Dr Hamad Buamim, a board member; Javier Marin Romano, a board member; Bader Saeed Abdulla Hareb Al Mheiri, a board member; and Dr Cigdem Kogar, a board member. All were involved in this case; all are eligible for Magnitsky sanctions. Mr Cornelius should now be released immediately, or sanctions, I believe, should follow.

I will deal reasonably quickly with the case of Jimmy Lai, and then I will give way to others in the debate. Jimmy Lai is a renowned pro-democracy campaigner, journalist and media owner. I wear the badge to free him with pride. This man has been treated abominably—he is a hero, and we should recognise that. He is 77 and a proud British citizen. He is also a Catholic, and has been denied the normal communion that he would expect as a believer in Catholicism; it has been shut off from him for a long time, which matters a great deal to him. He is a prisoner of conscience. He could have fled Hong Kong after the Sino-British agreement was trashed, but he chose to stay. Why? He wanted to set an example for the many who could not flee and who were going to be arrested—that he was not going to run away just because he had money. This is a brave man.

Mr Lai is currently on trial in Hong Kong for alleged offences against national security and alleged sedition, said to arise out of his work as a newspaper publisher and his pro-democracy activism. His case is emblematic of the crackdown on the media in Hong Kong, civil society and the rule of law. On 15 November 2024, the United Nations Working Group on Arbitrary Detention published its opinion that Jimmy Lai is being unlawfully and arbitrarily detained and called for his immediate release. The working group found multiple violations of Mr Lai’s rights and freedoms, expressed alarm at his prolonged detention in solitary confinement and stressed that he should not be on trial at all.

This case, I say to the Minister, is very urgent. Mr Lai has been arbitrarily detained in prolonged solitary confinement for nearly four years, often in insufferable heat during the summer months. Securing Jimmy Lai’s release requires effective action across the Government to bring him home and reunite him with his family in London. At the moment, he is bravely giving evidence in his trial—at which, by the way, a number of Members present have been named. I have been apparently named. I am already sanctioned by the Chinese, but I have also been named as being party to the case being brought against him. I have to say publicly that I have, sadly, never met Jimmy Lai or corresponded with him. I wish that I had. I wish that I could tell him what a brave man he really is. [Hon. Members: “Hear, hear.”] Will the Minister outline today what urgent steps the Foreign Office is taking to secure Jimmy Lai’s release?

I remind the Minister and others that what we see in front of us now is a rise in hostage taking by nation states. The biggest abuser of this process is, of course, Iran. I worry about this abuse growing more and more in Iran. In January 2023—we must not forget about this—Iran executed British-Iranian national Alireza Akbari, who was arrested, charged and executed on spying charges, which he denied and which were totally untrue. It was the first execution of a dual national since the 1980s. Only four months later, the Iranian authorities executed a second dual national, Swedish-Iranian Habib Chaab. In October 2024, it executed a third dual national, German-Iranian Jamshid Sharmahd. At least one more dual national, Swedish-Iranian Ahmad Reza Djalia, has been sentenced to death since 2023.

I conclude on the simple basis, as I raised at the beginning, that we can no longer go along with the idea that we somehow lose influence if we raise these cases publicly. We can no longer go on with this idea that we can manage a generalist approach to this in the Foreign Office. As has already been raised, we need a much more professional, deliberate and permanent status in the Department to deal with this matter.

Finally, we have in our hands the Magnitsky sanctions legislation. With the case of Ryan Cornelius and others, it is high time that those who were party to the arrest and incarceration of innocent British citizens find themselves facing Magnitsky sanctions, unless they recant and that individual is released. That at least gives us a tool. I ask the Government to get to the Dispatch Box, when the time comes, and commit to that process.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Foreign Affairs Committee.

12:37

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing today’s incredibly important debate, and the Backbench Business Committee for allowing us the time to debate it.

Throughout my time in Parliament, I have seen far too many sad and desperate families protesting outside the Foreign Office; going on hunger strike; standing for election against the Prime Minister, as one of my constituents did in support of Andy Tsege; singing Christmas carols, as I did outside the Foreign Office in support of Nazanin Zaghari-Ratcliffe; and organising petitions. They do everything they can to get their loved ones back, believing—rightly or wrongly—that the Foreign Office genuinely does not seem to be doing enough, and does not seem to care.

The public understandably have huge amounts of sympathy for these individuals and for the families of those who have been arrested, and I believe the standing of the Foreign Office is undermined as a result. We are told that the Foreign Office does everything it can, but it needs to do most of that quietly and behind closed doors, and the difficulty is that it is hard for some families to see the difference between doing nothing and perhaps doing a great deal. That is the dilemma. When those families see detained people from other countries being released—whether those are Canadians, Americans, French or Germans—and the Brits are not, they do wonder whether it is because the Foreign Office is simply not doing its job properly. That is the issue.

The Minister will be assured that I do not want to spend all the time I have in this debate just moaning about the Foreign Office. I have some positive suggestions, which I hope will be taken seriously, because I believe that this is an issue on which we could do much better. There are some ideas that are currently circulating, and they are not all mine—I am stealing other peoples’ ideas and trying to put them together in order genuinely to try to help.

The first of those ideas is that we have to put this in context. There are now many more Brits travelling all over the world and going to all sorts of places—the numbers are going up all the time—and that is to be encouraged. Of course, while more Brits are travelling around the world, we are also in a world where fewer and fewer countries pay much attention to anything that might be seen in any sense as any form of rule of law, so Brits get themselves into terrible trouble and some of them are arbitrarily detained. As I say, I am stealing other people’s ideas, so I want genuinely to compliment the previous members of the Foreign Affairs Committee. The problems of arbitrary detention and how to solve people being detained abroad are complex and cases that many people have worked on, so the work of the previous Select Committee, very ably chaired by the hon. Member for Rutland and Stamford (Alicia Kearns), needs to be mentioned in dispatches. I am proud to be the second female Chair of the Foreign Affairs Committee. I hope that my Committee can meet the standards set by the hon. Lady.

The previous Committee’s report on state hostage taking made recommendations which, had they been implemented by the previous Government, would have been very effective in cases that have been raised today. Chief among them were the recommendation to formalise and publish the criteria for determining whether the detention of a British national by a foreign state is considered arbitrary, and the recommendation to establish a senior position in the Foreign Office solely committed to arbitrary and complex detentions.

There are examples of criteria: the United Nations has criteria and the Americans have criteria. They are different criteria, but they are very interesting and I certainly hope there is someone in the Foreign Office at this moment looking at potential criteria and looking to draft some. I agree with the right hon. Member for Chingford and Woodford Green that it is about time we had established criteria, so there is a little more transparency on this issue.

It was very disappointing that a number of the previous Government’s Foreign Secretaries disregarded and kicked into the long grass the recommendations set out by the Committee. It does not have to be that way. I am encouraged that the Labour party has, since October last year, been committed to having a special envoy for UK citizens seized abroad. Last week, in front of my Committee, with Sebastien Lai and Sanaa Seif sitting behind him, my right hon. Friend the Foreign Secretary reconfirmed his commitment to that. I am encouraged to see that the Labour manifesto went further than the previous Foreign Affair Committee’s recommendations on consular access. Labour pledged to ensure the legal right to consular access and I certainly hope the Government will deliver on that, but we must act quickly because the likes of Alaa and Jimmy and their families cannot, and should not, have to wait any longer. I therefore call on the Government to be clearer in their timelines for implementing those promises.

Having thought about that, and having met families of a number of those detained, I think we should institute an office in the Foreign Office that is committed to arbitrary detention which establishes proper criteria for categorising someone as wrongfully detained. As soon as someone is arrested, the local consular office should inform the Foreign Office, which should apply the criteria to the case and make recommendations to the Foreign Secretary. It would then be up to the Foreign Secretary to decide whether that case would be given the benefit of the special envoy, who would then take leadership of the case. There will not be many of them, but those determined as victims of arbitrary detention will be very special cases, and will have the sorts of resources and focus that they need and deserve. It will be the job of the envoy to get their prisoner out, first and foremost, using all the levers of the state. They should be given permission to think laterally and be creative, and to think of every way we can ensure we get our British citizens out. It will also be their job to keep in close, active and respectful contact with the families, so that they know what is going on.

I know that a number of people have concerns. I have heard the counter-arguments and I understand them, but if we look at what the Americans are doing, many of those concerns may be allayed. Let us look at what is going on at the moment in the United States. I am grateful to the officials from the United States Office of the Special Presidential Envoy for Hostage Affairs who spoke with me at some length yesterday. I found the conversation I had with them as enlightening as I did inspiring. I want to go into that in some depth, because I want to enlighten and inspire Members who are listening to the debate today, so that they will agree with me and continue to put pressure on the Foreign Office to get on with things.

The office is based in the US State Department. It deals with about 35 to 45 wrongful detention cases a year, as well as the more black-and-white cases of US citizens taken hostage by the likes of ISIS. The office is responsible, in collaboration with other Departments, for making recommendations, on the basis of 11 criteria, on whether an individual’s detention is arbitrary. The recommendation is made to the Secretary of State, who remains responsible for signing off each individual case. It is a civil servant-led unit that applies the criteria, but with ministerial oversight.

The team is about 30 people. There are experts in negotiation, experts on a specific region and experts in supporting families. Within those teams are people whose sole role is family engagement, including trained psychologists. In much the same way as the police in this country, where victims of crime will have a dedicated family liaison officer in really serious cases, one main function of the office is to support the family. In our discussions yesterday, they told me that within hours of a US citizen being categorised as wrongfully detained, the special envoy calls the family of the individual to introduce themselves and explain the next steps. The envoy or his staff then remain the direct contact with family members, providing them with regular updates and answering questions they may have, including answering the phone at eleven o’clock at night to calm down a parent who fears they will never see their child again.

We need to do things better. The Foreign Office’s communication with families is not good. In my belief, it is clearly inadequate. As Laila Soueif told the media, she thought she was being ignored by the Foreign Secretary since he had taken up the post. I should make it clear that I am glad that he has since had time to see the family, but the message cannot be sent out that the Foreign Secretary is simply too busy to meet detainees’ families. It makes those families feel ignored and feel that the Government do not really care. The reason that families want to see the Foreign Secretary is that that is the best way for them to get reassurance that the Foreign Office is paying attention. They should not need to see the Foreign Secretary if they are being looked after properly by a specially dedicated team whose only job, other than ensuring that the family is reassured and kept in the loop on what is going on, is to get their loved one out.

I know the Foreign Office remains committed to the release of all arbitrarily detained individuals, but even the perception that they are not doing all they can to get someone released is not only incredibly distressing to a family who have already suffered such unimaginable pain, but damages the credibility of the diplomatic service, the Foreign Office and the Government as a whole. None of us should want that. Quite simply, we should not look like we are incompetent, incapable or uncaring.

I was also told that the moment a Secretary of State declares a case to be one of arbitrary detention, the SPEHA team kicks the whole Government system in motion to work on the case. They work across Government Departments, as well as with Congress, external organisations, private industry and the media, immediately gathering a strong team effort to begin putting sustained pressure on to the country holding their citizen.

A key point that struck me from my conversation with them is that without an office solely focused on these cases, the team simply does not come together. In my discussions with British detainees and campaign groups, I have heard one major concern for years, which is the UK Government’s lack of cohesion on these cases. Let me give a recent example. Why did the Department for Business and Trade organise an industry delegation to Cairo in June 2024, and UK Export Finance help host an Egypt-UK investment opportunity forum in London in September, all while the Egyptian Government had one of our citizens, Alaa Abd el-Fattah, wrongfully held in prison without consular access? Who thought that through? Did anybody think that through? Or was it one of those things that, because there is not a focus, just happened? I suspect that it is the latter and that is why we have to change.

I am fully committed to this Government’s rigorous focus on growing the economy, and I support the building of a prosperous UK-Egypt trade partnership. It is so important that we get investment into this country. But I wonder what mixed signals we are sending. What leverage do we have when one Department is criticising a Government for detaining our citizen, while another Department is also trying to encourage British businesses to invest and form partnerships in that country? What message is that sending to a detainee’s family?

When I raised this question with the Americans, and asked them, “Do you not step on the toes of ambassadors? How do you not send out mixed messages?”, they were keen to stress that it actually made life easier for the ambassadors, because they were there as the hard cops. They were there as almost a self-contained unit. Their job was to get people out, and that is what they did: they pulled the levers together in order to ensure that they did. They described ambassadors as their secret weapon, experts on the country who knew the key players and, most important, knew what ideas would work. They said that they were there to remove the “boulder” when ambassadors have to deal with cases of this kind, because it takes up so much bandwidth that the poor ambassadors cannot deal with other issues. Obviously they will still give advice, but there is that special team to deal with arbitrarily detained people so that the ambassadors can get on with our financial relationship with Europe. I believe that if we had a similar unit in the Foreign Office, the Foreign Office would be more effective, and it would be of great assistance to the Foreign Secretary, who cannot give his full attention to these uniquely complex cases. It would also give the families a senior point of contact on which they could rely.

The American unit has the power to impose specific sanctions, through the Levinson Act, that target those who are responsible for, or complicit in, the unlawful or wrongful detention of US nationals. We should be making better use of our sanctions policy to deter the wrongful detention of British people, or as a tool to apply pressure to those who hold British nationals. I have even heard stories of jailers being sanctioned. This can be done by those who are sufficiently ambitious, can think laterally and have the necessary focus. If we had better parliamentary scrutiny of our sanctions policy, perhaps we would make better use of it, but that is a debate for another day. Perhaps we simply do not know how the Government decide what cases warrant sanctions.

However, the whole-government approach, using the embassies in the country, the regional experts in the State Department and the negotiation experts in SPEHA, strikes me as absolutely the right approach. I think it is a lesson that we should learn from the Americans, and I hope that the Foreign Office takes this recommendation seriously, because it is about time we changed things. We cannot go on like this. I do not want to see anyone else outside the Foreign Office starving themselves in the hope that, somehow or other, that will help their son or daughter to come back to this country, so I say, “Please focus on this, and please sort it out.”

12:52

[Sir John Whittingdale (Maldon) (Con)]

I congratulate my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing the debate, and on the tremendous amount of work that he has done in this area. It is also a pleasure to follow the right hon. Member for South Islington and Finsbury (Emily Thornberry), the Chair of the Foreign Affairs Committee, which I have been delighted to join as a new member in the last few weeks. I am pleased to be able to say that I thought she made an excellent contribution, and I agreed with every word of it. I also join her in recognising the amount of work that was done by the previous Committee in the last Parliament, under the chairmanship of my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), who continues to chair the all-party parliamentary group on arbitrary detention and hostage affairs and to take a strong interest in the subject. The APPG produced an extremely good report, although I have to say that the Government response was a bit disappointing, so it is right for us to press these matters further today.

I myself chair the all-party parliamentary group on media freedom. Media freedom is also under huge pressure across the globe: far too many journalists have died in pursuit of their profession, or are currently in prison. According to the latest report, 546 journalists and media workers are detained as of today. The UK has rightly championed the cause of media freedom, especially in the Foreign Office, and we need to go on making that case. It is doubly concerning that some of the journalists who are in prison are British.

My right hon. Friend has mentioned a few specific cases, and I want to do the same. Both he and I were privileged to attend the Magnitsky awards dinner a couple of weeks ago. Bill Browder, now Sir William Browder, has done a huge amount, initially to support prisoners in Russia and to bring sanctions against those responsible for the death of Sergei Magnitsky, but he has widened his campaign to highlight cases of detained political prisoners around the world.

In respect of the first case I shall mention, I am able to congratulate the Government on the part that they played. At the dinner, it was a privilege to meet Vladimir Kara-Murza. I have raised his case in the House, and many other people have done so over the last few years. We were seriously worried, particularly after the death of Alexei Navalny, that Kara-Murza would be next. There was certainly evidence to suggest that he would have died had he remained in prison, and I know that the British Government, along with the American Government and others, did a great deal to obtain his release through a prisoner swap that took place a few months ago. I have some concerns about the concept of prisoner swaps, because there is always the risk that carrying out a swap to obtain the release of innocent people in return for sending back people who are certainly not innocent—which is what happened in this instance—simply encourages the detention of other innocents in the future. In Kara-Murza’s case, however, I think that had he not been released he would have died. The release at the same time of Evan Gershkovich, an American journalist, was clearly another strong priority.

It is welcome that here is a case in which we have actually obtained the release of a British national, but sadly a number of others are still in prison. My right hon. Friend mentioned several of them, but I will start, as he did, with the case of Jimmy Lai, a remarkably brave man who is now detained under the draconian national security law that has been introduced in Hong Kong. It is noticeable that, just two decades ago, Hong Kong was 18th in the world rankings for press freedom; it is now 135th. Jimmy Lai was a publisher who worked to uphold freedom of speech; he was imprisoned as a result, and his health is now under severe pressure after four years in solitary confinement. I have met his son Sebastien, as has the Foreign Secretary, and we will continue to raise his case here until he is released.

There has also been reference to Alaa Abd el-Fattah. Like a number of other Members, I was able to speak to his mother, Laila Soueif, very recently. She is on a hunger strike to obtain his release. He has been convicted of spreading false news, and has been a long-standing target of the regime. It is notable that, in opposition, the Foreign Secretary was very vocal in condemning the Egyptian Government in respect of his case, and actually called on the Government to deny the Egyptian ambassador access to Whitehall until he was released. I have not observed the Egyptian ambassador being denied access, and Alaa Abd el-Fattah is still in prison. I therefore ask the Foreign Secretary to reflect on what he said in opposition, and to strengthen the progress that we are making.

The third case that I want to mention is that of a British journalist who is not in prison. Clare Rewcastle Brown, an independent journalist, has been the target of abusive lawsuits in Malaysia since she exposed corruption there. This year she was sentenced, in absentia, to two years in prison on a bogus defamation charge, having not even been told that she had been put on trial. Obviously she is anxious to appeal, but she has been told that if she is to appeal, she must attend the court in Malaysia in person. Very understandably, she is extremely reluctant to do so, given the amount of personal risk. The Government, as far as I am aware, have not commented on her case, and she has struggled to obtain support from the Foreign Office, so I ask the Minister specifically to look into her case as well.

There is also the case of Gubad Ibadoghlu, an Azeri activist but one who was a senior adviser at the London School of Economics. He returned to visit his family in Azerbaijan in 2023, and was promptly arrested and locked up. His family were quite badly assaulted during his arrest, and my right hon. Friend and I, and any others who were at that dinner a couple of weeks ago, will have heard his daughter speaking about that and about her fears for his health. He, too, is seriously ill and needs assistance.

[Sir Julian Lewis]

On that point, it is worth mentioning that Dr Ibadoghlu’s son visited Parliament a few weeks ago, when we had an opportunity to discuss his case. He has a close association with part of the University of London, and he was given assurances that it would be safe for him to return to visit his ailing mother. Subsequent to his arrest, a PhD student, whose name is Fazil Gasimov, was extradited from Turkey and tortured into giving evidence against Dr Ibadoghlu, and he has felt it necessary to go on hunger strike. There seems to be a huge effort by the Azeri Government to persecute people, even at the same time as a COP meeting was scheduled to take place in their capital.

[Sir John Whittingdale]

I am extremely grateful to my right hon. Friend, who makes the point that I was just coming to. As the Chair of the Foreign Affairs Committee pointed out, all too often one part of Government may be pressing for somebody’s release while other parts of Government seem to have a normal relationship with the foreign Government responsible and do little. We managed to send many delegates to COP29—I cannot remember how many there were, but it was certainly in three figures—but I would be interested to know how many of them actually raised with the Government in Baku the case of Dr Ibadoghlu.

[Sir Iain Duncan Smith]

I and a number of others wrote to the Prime Minister before he departed for Baku, urging him to raise that case. I understand from the Foreign Office that he did not raise it with his hosts.

[Sir John Whittingdale]

I am very disappointed to hear that but, sadly, not surprised. I think I added my name to the letter that my right hon. Friend sent.

[Sir Julian Lewis]

In fairness to the Government, I have reason to believe that one of the Foreign Office Ministers was very concerned about the case. I think there is a high probability that it may have been raised quietly, if not publicly.

[Sir John Whittingdale]

Let us not argue about whether or not it was raised. Let us agree that what we should do is continue to raise it with the Government of Azerbaijan until Dr Ibadoghlu is released.

The final case that I must mention, given that it was raised, quite rightly, by the hon. Member for Wirral West (Matthew Patrick), is that of Emily Damari, one of the hostages being held in Gaza, who is a British citizen. She is 28 and has been held for 425 days. Her mother is obviously deeply anxious to know that she is still alive, so the Government must do everything possible to try to obtain her release. I know that other Members intend to raise other cases. It is sad that so many British citizens are detained arbitrarily on trumped-up charges around the world, and that this debate is so vital and necessary.

I will finish by endorsing some of the recommendations made by the Foreign Affairs Committee in the last Parliament, which have been echoed by its current Chair. A legal right to consular access is very important, and is something that the Labour party said it would bring in. We raised that legal right with the Foreign Secretary the other day, and I would be grateful if the Minister could confirm that the Government still intend to introduce it.

I agree with hon. Members including the Chair of the Foreign Affairs Committee that the establishment of a separate directorate for arbitrary and complex detentions within the FCDO would be a really valuable addition. There is confusion at the moment, because all too often we are told that cases are being pursued, but nothing happens. Unfortunately, with the single exception of Vladimir Kara-Murza, all too many of those cases involve British nationals who continue to be unfairly and unjustly imprisoned, sometimes at risk to their lives. I look forward to the Minister’s response on those points.

13:04

[Blair McDougall (East Renfrewshire) (Lab)]

I congratulate the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing this debate, and on continuing to be a discomfort in the derrière for successive Governments on these issues.

The right hon. Member for New Forest East (Sir Julian Lewis) talked about the brightest and the best going into the Foreign Office, so I will begin by recognising the unfairness of this debate. We will all stand up and talk about the worst failings of the Foreign Office, and I recognise that the debate will be responded to by a Minister who represents some of the best efforts of civil servants, who go into incredibly dangerous and difficult circumstances to try to serve our constituents. I want to put that on the record.

There is a lot of talk in this Chamber about the legacies that this Government have inherited, and it is good that we are talking about one of the worst ones: our country’s record of securing the release of those who have been arbitrarily detained overseas. I will come to some of the policy issues that other Members have touched on, but I will deal first with the principle behind such cases.

Ella Wheeler Wilcox wrote:

“To sin by silence, when we should protest,

Makes cowards out of men.”

What is true of individuals is also true of nations. The Chair of the Foreign Affairs Committee, my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), spoke about the example of the US, which is relevant here. When other countries’ citizens are held unjustly, it is treated as an affront, an injury to all and a national slap in the face. Yes, quiet negotiation takes place politely behind the scenes on behalf of those countries’ prisoners, but alongside that polite and patient diplomacy is their citizens’ full-throated outrage.

I know that the staff working on this issue in the Foreign Office care deeply about it, but the right hon. Members for Chingford and Woodford Green and for Maldon (Sir John Whittingdale) both raised the case of Jimmy Lai. We have to ask why Canada was successful in securing the release of the two Michaels, and how Australia secured the release of journalist Cheng Lai. Just last week, the Americans secured the release of three more of their citizens, yet Jimmy Lai, who is a British citizen and one of us, and who has been arbitrarily detained in solitary confinement for nearly four years, has not been freed. We could talk about Jagtar Singh Johal, Alaa Abd el-Fattah and so many others.

Our first responsibility as a Parliament, a Government and a country is to be publicly, vocally and unanimously furious about this issue. Everything else follows from the righteous anger that we should all feel on behalf of our citizens who are rotting in foreign jails. That anger should drive us to ask what is behind the failure of British diplomacy in the past. A lack of strategy is certainly part of the answer.

Like the Chair of the Foreign Affairs Committee, I was encouraged by the noises that the Foreign Secretary made last week about making good on his promises, both on the issue of a special envoy and on the right to consular access. I welcome the Government’s commitment to step up the engagement on these cases, but that needs to be part of an entirely new approach. I am not naive: I know that it is only because we are having conversations with foreign Governments about trade that we are able to get in the room and discuss our citizens who have been unjustly detained. Indeed, when I was an adviser in the Foreign Office, the role of Minister for trade and human rights was a stand-alone Cabinet position.

Because I believe we must make deals around the world—our constituents’ standard of living depends on it—I question whether our current policymaking framework on arbitrary detention can ever deliver the kind of response that we would all expect if we found ourselves in a prison cell in one of the darker corners of the world. For me, this is about the balance we strike between charming and chastising those we are negotiating with. I wonder whether our current approach to those who are arbitrarily detained makes it inevitable that attempts to secure the release of our people become either a prologue or an epilogue to the main story, which is one of securing our economic self-interest. Are we sending our representatives into these negotiations with red lines that those on the other side of the table know are written in pencil rather than in pen?

After 16 years in a Dubai jail, Ryan Cornelius has had more time than anyone to contemplate that tension. He shared with me a letter he has written to the Prime Minister ahead of the Prime Minister’s trip to the Gulf on behalf of the UK, in which he identifies the inherent challenge in diplomacy I describe:

“Making it clear to your interlocutors that there can be no normal relationship with a friendly country which treats our citizens in this way may be an uncomfortable thing for you to do on this visit…if you look the other way in the interest of sealing a few deals you will have diminished this country’s standing in the eyes of the rest of the world.”

For me, Mr Cornelius’s letter gets to the heart of the matter. In asking our delegations and diplomats to balance arbitrary detention against trade outcomes, the risk is that they will leave those rooms having failed to achieve either objective.

If the arbitrary imprisonment and mistreatment of our citizens is not a red line, what is? If it is a red line, it cannot be something that the people we send into these rooms might have to give up in order to secure other Government priorities. The release of our people must be understood by those on the other side of the table as non-negotiable.

That is why it is essential that any special envoy we appoint has the power, the status and the degree of independence from Ministers to make it an immutable principle not just that the policy on the release of hostages will not be sacrificed for other priorities, but that it cannot be sacrificed for other priorities.

My right hon. Friend the Member for Islington South and Finsbury, the Chair of the Select Committee, was far too delicate, perhaps not wanting to appear engaged in a power grab, when she said that this is a debate for another time, but we have to debate the fact that other jurisdictions place the power for designating state hostages, or for applying sanctions in response to such cases, in the hands of the legislature.

The value of such an approach is that it allows the Executive and their diplomats to honestly say in those negotiating rooms that they cannot separate their wider relationship with a country from the mistreatment of citizens by its Government. I know that the suggestion of losing such power would be greeted with horror in the corridors of King Charles Street, but we cannot simply continue with the current model, which has left British citizens in jail.

As well as greater independence in policymaking, there should also be a degree of automaticity in our policy response. As has been suggested by the right hon. Member for Chingford and Woodford Green, when an individual is designated as being arbitrarily detained, there has to be a consistent application of Magnitsky sanctions. This would not only provide an incentive to release the British citizens already held, as it would hold perpetrators to account, but it would also act as a disincentive to those who might target our people in the future. Inconsistent action in these cases simply emboldens those regimes and makes our citizens less safe.

Finally, we have to act in concert with like-minded countries that are similarly committed to the rule of law. Recent years have seen the erosion of norms around arbitrary detention by autocracies that are increasingly working in concert with each other. Only co-ordinated action by democracies, and by those committed to the rule of law, can help recreate a global order in which such actions are deemed universally unacceptable.

There is no cause more urgent than ensuring the liberty and freedom of our own citizens. I commend the right hon. Gentleman for securing this debate.

13:14

[Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)]

I, too, wish to thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this debate. It is heartening to see that finally, the plight of arbitrarily detained UK nationals has been given long-overdue attention.

For transparency, I put on record that I am vice-chair of the all-party parliamentary group on arbitrary detention and hostage affairs, which is brilliantly chaired by the hon. Member for Rutland and Stamford (Alicia Kearns), who I know well from my days on the Foreign Affairs Committee. She is ably supported by Baroness Kennedy and the hon. Member for Macclesfield (Tim Roca). The APPG gives the families of those held abroad a voice and an opportunity to tell their story directly to Members of both Houses. Although people’s stories differ markedly in the circumstances of their detention, there is a striking similarity in how they feel about how they have been treated, and about being let down by successive United Kingdom Governments. Following the APPG’s inaugural meeting, we launched an inquiry on why that perception exists among those who are or have been arbitrarily detained and their families, giving them a voice that they have hitherto simply not had. I put on record my sincere thanks to Emily Foale of the International Bar Association’s Human Rights Institute, which provides the APPG’s secretariat and has been the driving force behind our inquiry. I urge all Members and Ministers to read the report when it is published.

At our first evidence session, we heard from Jimmy Lai’s son Sebastien, and his lawyer Caoilfhionn Gallagher KC, as well as from Ambassador James Cunningham, the former US consul general to Hong Kong. I know that they will be listening to today’s debate and will be extremely grateful to every single Member who raises Jimmy’s case this afternoon.

Our second evidence session, held last week, was devoted to the case of Alaa Abd el-Fattah, the British Egyptian dual national who has spent most of the last decade in an Egyptian prison for his writings on democracy and human rights. Alaa became a British national in 2021 through his mother, who was born in London. However, the Egyptian authorities have refused to recognise his UK nationality and have therefore denied him the UK consular access to which he is absolutely entitled.

Alaa was due to finish his latest five-year sentence on 29 September, but in an unprecedented twist and a clear violation of both international and Egyptian domestic law, the authorities in Cairo refused to release him, declaring that the two-and-a-bit years that he spent in pre-trial detention would not count towards his sentence, and that he will be kept in prison until 2027. In protest, as we have heard, his 68-year-old mother, Laila Soueif, began a hunger strike. Today marks the 67th day of her hunger strike. I am delighted that Laila’s daughter and Alaa’s cousin Omar are in the Gallery. Such is their determination that Laila and Omar attended our second inquiry session last week to give their account of what is happening to Alaa. They feel that he has been let down by successive British Governments. The right hon. Member for Hayes and Harlington (John McDonnell) has secured an Adjournment debate on this topic today, and I am sure that he will build a formidable case for the UK Government doing much more to secure Alaa’s release. Rather than making an identical contribution to the hon. Gentleman’s, I will use my time to share some of what Alaa’s mother and cousin said to our inquiry last week.

As I have said, one of the biggest blows to the family was Egypt’s decision not to release Alaa when his sentence was spent. When I asked the family how they thought the UK Government had reacted, Alaa’s mother said:

“I got the impression that they hadn’t registered the fact that Alaa had actually finished his sentence, even though I made sure to notify the British Government two months before...it was as if they hadn’t actually registered the significance of this date.”

Alaa’s cousin Omar added:

“On July the 8th, I sent an email congratulating the Foreign Secretary on his appointment...and then saying the fear now was that the Egyptian Government wasn’t going to release him”.

He continued:

“Then, on the 25th of September, the Foreign Secretary met with the Egyptian Foreign Secretary for the first time publicly, and there was a picture of them smiling together... four days before the release date on 29th of September.”

It really is not a good look for the Foreign Secretary to have posed for photographs with his Egyptian counterpart four days before a UK national—a human rights activist—was due to be released from prison, and after being warned that moves were afoot to detain him illegally.

Alaa’s mother says, “we warned them”. She said:

“We did warn them that it might happen, when we warned them that this date was coming up”.

When asked about Alaa’s reaction to all this, she said:

“He is disappointed very much by the behaviour of the British Government. You sort of expect the Egyptian government to do atrocious things. The fact that the British Government swallows them is not good.”

Much of the family’s criticism of successive UK Governments relates to the way that the same approach is taken time and again, regardless of who is in office. As Laila said,

“Four successive UK Prime Ministers, including Keir Starmer, have called for Alaa’s release, but none have taken any action beyond ‘raising the case’.”

She is absolutely right; that is a very valid point. The impression, rightly or wrongly, is that awkward human rights conversations are had, and there is much shuffling of feet and a few embarrassed platitudes are exchanged, before the discussion on trade takes place. One has to wonder how far that observation is from reality.

What the families want—not just Alaa’s family, but all the families we have spoken to—is a “whole government” approach, not just to securing Alaa’s release, but to ensuring that if something like this happens again, any regime arbitrarily detaining a UK national will understand that there will be serious consequences. They want the UK to send a clear signal that normal bilateral relationships will not apply. We have to make those relationships a lot more difficult, and be clear that there are certain things that the UK Government can do but will not do, and can give but will not give, because of the regime’s behaviour.

In the case of Egypt, that “whole government” approach would include changing the travel advice, and warning UK nationals travelling to Egypt that consular assistance cannot be guaranteed if a citizen is arrested. As former British diplomat James Lynch told our inquiry last week,

“The US Embassy has on its advice, a warning that it may have a limited ability to provide consular services in case of arrest or detention.”

More than 100 Members of both Houses wrote to the Government to suggest that they do the same, because tourism from the United Kingdom makes up 1% of Egyptian GDP. The Egyptians look closely at FCDO travel advice, and they would certainly take notice of UK travel advice if it changed to be in line with what the Americans have done.

As we have heard many times this afternoon, and as we have heard from the families, the UK has leverage, but unlike other countries, it is reluctant or unwilling to use it to secure the release of arbitrarily detained nationals. If the UK is to be taken seriously in this arena, it will have to use leverage and adopt a “whole government” approach, which includes trade.

People in Cairo believe that there is an Egypt-UK trade summit in the pipeline. The UK trade envoy recently visited Egypt, and there was a significant trade delegation from Egypt to the UK in September, which included the Ministers for finance and trade, as well as the deputy governor of the central bank. Was Alaa’s case raise? I strongly suspect not, but it could and should have been. Was the Egyptian ambassador summoned by the FCDO when Alaa’s release date was changed? He should have been, but I strongly suspect that he was not.

In short, Alaa and his family feel badly let down by this and previous UK Governments. In opposition, the now Government said all the right things, but when in power, they have proven to be just as ineffective as the last Government. I have no doubt that the Minister and the Foreign Secretary are sincere in what they have said, so that tells me that there is something fundamentally wrong with the system. That system might work for Government, but it does not work for people in their hour of greatest need. That has to change.

I give the last word to Alaa’s mother Laila, who told our inquiry:

“If the government thinks it’s risking problems with Egypt by pushing to let Alaa out, it is risking the same problems in a different way by not pushing. We are going to do our best to embarrass this government and to embarrass British companies who are investing in Egypt if Alaa is not let out. I am sorry to say this, but if things go as far as me collapsing and dying, it is embarrassing universally. The best-case scenario for them is to get this resolved any way they can.”

I sincerely hope that the Minister takes note.

13:19

[Warinder Juss (Wolverhampton West) (Lab)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for bringing the debate to the House. I want to talk about Jagtar Singh Johal, a Sikh activist and blogger from Dumbarton in Scotland. He is not a constituent of mine, but very soon after I was elected as the MP for Wolverhampton West, I received many emails from my constituents raising concerns about his detention in India, which has been ongoing for seven years. My constituency may have one of largest Sikh populations in the United Kingdom, but a lot of the emails that I received were from non-Sikhs. That shows that people, whoever they are, wherever they are, are concerned about human rights breaches.

Jagtar is a British citizen who travelled to India in October 2017 to get married, and it is said that three weeks later he was abducted by plain-clothes police officers, who tortured him with electricity to get a false confession linking him to an alleged conspiracy to murder. Over time, further charges were added, some as lately as 2021. Jagtar continues to be held in a Delhi jail. In November 2021, a United Nations working party stated that Jagtar had been arrested because of his Sikh activism, and in May 2022, a UN working group on arbitrary detention found that Jagtar’s detention was arbitrary under international law and lacked any legal basis, and that his fair trial rights had been gravely violated. UN experts call for Jagtar Johal to be released immediately.

The campaign seeking Jagtar’s release has received cross-party support from MPs in this House. In July 2023, 100 parliamentarians wrote to the then Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), asking him to call for Jagtar’s release when he travelled to India for the G20 summit. Leaders of both the Labour and Conservative parties have previously suggested that there is no legal basis for Jagtar’s detention, which is arbitrary, and moreover, that this Government must act decisively to negotiate his release. I particularly commend the Prime Minister for raising Mr Johal’s case with Prime Minister Modi in India on 18 November, and our Foreign Secretary for meeting Mr Johal’s brother, his MP and the NGO Reprieve to discuss Mr Johal’s case on 30 October.

We need to do more. What has happened to Jagtar Johal is against all the rules of natural justice. We have a British citizen who, by all consensus, has been detained in a foreign jail arbitrarily for seven years. We are therefore right to be concerned and right to want to know what is being done to secure his release. We have a right to know on a regular basis what is happening with Jagtar Johal.

13:30

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for bringing the matter forward and, as he does so often in the House, for setting the scene clearly, clinically and evidentially. Today’s debate is happening thanks to his request to the Backbench Business Committee and we are pleased about that.

It is a pleasure to follow the hon. Member for Wolverhampton West (Warinder Juss). I will speak about Jagtar Singh Johal as well, and it would be remiss of us in this House not to recall the efforts of Martin Docherty-Hughes, who was the MP for Mr Johal’s constituency and who valiantly fought the case throughout the time he was here. There was not a time in the week or month that he did not bring it up. He certainly did his bit with dedication and commitment. It is frustrating that after this period of time, we still see little headway.

I rise today to highlight an urgent and deeply troubling matter that strikes at the heart of what we stand for as a nation: the unjust detention of British citizens abroad for their belief. Those individuals embody the values of freedom, justice and dignity, and their plight calls for nothing less than our unwavering solidarity and absolute action. Just last week during oral questions, I asked the Foreign Secretary whether a section should be set aside within the FCDO tasked specifically with looking at this matter—it was after a question posed by right hon. Member for Chingford and Woodford Green—and he gave an indication that he was considering that. Can the Minister give us more information on where we are with that?

The clear and strong indication from the Foreign Secretary on that day was that that would happen. If it happens, it would follow on from what the right hon. Member for Islington South and Finsbury (Emily Thornberry) referred to as well. What she requested would be incredibly helpful. If there was a section, it could take up the cases of British citizens. Quite honestly, a British passport has to mean something more than a bit of paper that I carry in my inside pocket everywhere I go. It means something for our rights, our citizenship and our protection under the citizenship of the United Kingdom of Great Britain and Northern Ireland.

I will begin with the harrowing case of Jagtar Singh Johal, the young British citizen from Dumbarton. In 2017, he travelled to India to celebrate his wedding, with all the joy that occasion would give, only to find himself abruptly detained. I talked to Martin Docherty-Hughes about it, who was a fount of knowledge on the case and always gave us the details on his contacts with the family. Since then, Mr Johal has endured more than seven years of imprisonment under charges that credible sources indicate are baseless. Allegations of torture during his detention further compound the gravity of the case.

It is clear that Mr Johal’s activism for Sikh human rights has made him a target. I declare an interest as the chair of the APPG for international freedom of religion or belief, which stands up for those with Christian faith, those of other faiths and those with no faith. We are fortunate within the APPG to have a number of Sikhs, and we stand side by side with them on their right to human rights and on issues of persecution.

The treatment of Mr Johal is not just a tragedy for him and his family; more than that, it is an affront to the very principles of justice and human rights that we cherish in this House and of which every one of us will speak highly and sincerely today. His situation also underscores systematic failures in the protection of British nationals abroad. The prolonged inaction has left his family and the whole Sikh community across this great United Kingdom of Great Britain and Northern Ireland to grapple with unimaginable anguish. That cannot stand.

I know the Minister has been in place for only the last five or six months, but in that time he has made a reputation of being one who has a deep interest in these matters and who looks to find a way forward. No pressure on you, Minister, but in all honesty, we are looking for something fairly edible at the end of this so that we actually have an idea of just where we are going. I urge the Foreign Secretary and the Minister to use every diplomatic tool available, from public advocacy to behind-the-scenes negotiations, to ensure Mr Johal’s release and to secure accountability for those responsible for his abuse.

I turn my attention to Jimmy Lai, about whom I have spoken on a number of occasions, as have many others. He is a British citizen and it is clearly underlined that his passport is a British passport. He is a devout Roman Catholic who represents the courage of standing for democracy in the face of tyranny. A founder of the pro-democracy newspaper Apple Daily, Mr Lai has long been a vocal advocate for press freedom and human rights in Hong Kong. We salute him and we acknowledge his courage.

I have never met Mr Lai, but there are many people in the world I have not met and it does not stop me speaking up for them. It does not stop us revering their names in this House and stating their right to have the freedom and liberty that we enjoy. Mr Lai now finds himself in prison under the draconian national security law imposed by Beijing, facing charges of colluding with a foreign country—my goodness—and conspiracy to defraud. Those are vague accusations with no evidential basis whatsoever, wielded to silence dissent and suppress freedoms.

Jimmy Lai’s imprisonment is emblematic of the broader erosion of civil liberties in Hong Kong, a region where promises of autonomy and democratic rights under the Sino-British joint declaration are being systematically dismantled. How tragic it is to watch what is going on. His willingness to stay in Hong Kong despite escalating provocation and persecution speaks volumes about his commitment to the principles he holds dear. I ask all Members of this House: would you have had the strength of character to have done the same, knowing what was coming down the road towards you? His willingness to stay in Hong Kong cannot be underlined enough. The House must unequivocally condemn the actions of the Chinese authorities and demand Mr Jimmy Lai’s immediate release.

[Sir Iain Duncan Smith]

Freedom of religion and belief is important. The case of Jimmy Lai is illustrative because they do not have to, but the Chinese authorities have locked him away from any involvement with his faith. He cannot receive communion and he cannot give confession. For those who do not believe in it, I note that that really is powerful for a Catholic. He has had to endure that, which, although petty and pointless, is a way of trying to break him. Would the hon. Gentleman like to comment on that?

[Jim Shannon]

I brought the case up in Westminster Hall. Jimmy Lai was denied the Eucharist when it is his right to practise his religious belief. When there is that attack on someone’s religious belief, along with persecution, human rights abuses and the denial of that very right, we thank God that Jimmy Lai has that relationship with God in heaven. He may not have the Eucharist, but he has a greater faith, which hopefully will strengthen him. However, when someone wants to outwardly express themselves and is denied that—that is what the right hon. Gentleman is referring to—that is totally wrong. The Chinese Government, particularly those in Hong Kong, should be criticised for the way that they have denied Jimmy Lai his rights.

Furthermore, we must act to ensure that the international community does not normalise the repression of freedoms in Hong Kong. The cases of Mr Johal and Mr Lai are not isolated. They reflect a troubling global trend where authoritarian regimes act with impunity to silence voices of dissent. Whether they are targeting activists, journalists or those practising their faith, these regimes seek to erode the very freedoms that form the bedrock of a just society.

I am reminded of Amanda Damari, who I think is a British passport holder. Her daughter, Emily, was kidnapped by Hamas terrorists. I met Amanda just after Easter when I was on a visit to Israel. I was incredibly impressed by her courage and determination to see her daughter once again. I believe that we, in this House, have a duty to fight Amanda Damari’s case for the release of her daughter.

The United Kingdom has a moral and diplomatic duty to lead by example. Words of condemnation, as important as they are, are not enough. I call on the Government to do three things: prioritise these cases in all diplomatic, bilateral and multilateral engagements; explore the application of targeted sanctions against individuals and entities involved in these human rights violations; and advocate for stronger mechanisms of accountability at forums such as the United Nations and the Commonwealth. We cannot always fight battles on our own, but we can fight them better together. I urge that we do so in a positive way.

We must also be mindful of the human stories behind these injustices. We try to express the human stories behind each one of these cases in the way that we can, but perhaps we do so without using the individual knowledge that we have. Jagtar Singh Johal is a husband, a son and a brother. Jimmy Lai is a father and a tireless advocate for freedom. Amanda Damari just wants her daughter home. Both those men are people of faith, and so too is Amanda. Their families bear the heavy burden of waiting, hoping and fighting for their return. We owe it to them and to ourselves as a nation—this great United Kingdom of Great Britain and Northern Ireland—to ensure that their sacrifices are not in vain.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I did not want to interrupt the hon. Member for Strangford, but he knows better than to refer to the Minister as “you” because it ends up meaning me in the Chair.

13:42

[Phil Brickell (Bolton West) (Lab)]

I, too, congratulate the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing this vital debate. He is an impressive champion on this issue, as I know from my time spent serving as an officer with him on the all-party parliamentary group on Magnitsky sanctions and reparation.

It should be a primary function of any given state to protect its citizens. It should not matter where in the world a British national or an individual with strong ties to the UK gets into trouble; we as a nation should be right alongside them trying to get them out. Arbitrary detention abroad and related human rights abuses, such as torture, are unacceptable. They often have profound, long-lasting physical, psychological and social impacts, not just on the individual concerned, but on their loved ones, friends and wider social network.

Many Members have spoken in depth today about individual cases of British nationals or UK-linked individuals detained abroad, so I will touch just lightly on two that I have followed mostly closely. First, as the right hon. Member for Maldon (Sir John Whittingdale) has mentioned, there is the unacceptable continued detention of Dr Gubad Ibadoghlu in Azerbaijan, whose son, Ibad, I had the pleasure of meeting just last month. Ibad and his siblings are hugely impressive advocates for their father, and I know that he will be proud of the tenacity and dignity with which they have conducted their campaign for his release.

Dr Ibadoghlu has spent more than a quarter of a century advocating for a democratic Azerbaijan. He has tirelessly fought for fundamental human rights and campaigned against corruption in Azerbaijan’s fossil fuel industry. He has been detained since July 2023 on clearly spurious charges, under threat of spending 17 years in prison, while contending with serious health issues. The European Court of Human Rights has demanded that he be transferred to a specialised medical institution so that he can receive the treatment that he so desperately needs. But, all the while, the Azerbaijan Government have denied this request, claiming spuriously that his health is “satisfactory”.

I wish to place on record my support for the immediate release of Dr Ibadoghlu. As a British resident and visiting fellow at the London School of Economics, the UK should be standing by him and using all available diplomatic levers to show the Azeri Government that their flagrant human rights abuses will not be tolerated.

Secondly, I wish to join the right hon. Members for Chingford and Woodford Green and for Maldon, and the hon. Member for Strangford (Jim Shannon), in raising the case of Jimmy Lai. Jimmy has been held in solitary confinement in Hong Kong for over four years for publishing content critical of the Chinese regime. I have a significant Hong Kong community in my constituency of Bolton West, and I know from speaking to many of them that they worry that, if it is Jimmy detained today, it could be them tomorrow. Indeed, many of my constituents were effectively forced from their homes in Hong Kong due to China’s disruption of Hong Kong’s democratic freedoms, which we have heard about in this Chamber today. Only last week, in a debate on the status of Taiwan, we heard how Jimmy’s treatment is part of a broader pattern of behaviour, which is China’s consistent and blatant disregard for the international rules-based system.

In both those cases, I fear that the UK Government have not done their utmost to fulfil that very central function of protecting our nationals. I share the view of colleagues that, unfortunately, the Foreign Office lacks a clear, centralised and proactive strategy for dealing with arbitrary detention of UK nationals. Given the severity of the issue, I believe that a dedicated UK envoy in this area, in a similar vein to the US role of presidential envoy for hostage affairs, should be considered very swiftly by the Foreign Office. While in opposition, the Foreign Secretary pledged to look at that, so I hope the Minister can give me an update on how this pledge will be realised in fairly short order.

A good first step, however, would be to consider greater transparency in the Foreign Office. It could, for example, share with us information about how many British nationals are currently being arbitrarily detained. I hope the Minister will speak to that in his wind-up. At the very least, we should be able to hold statistical data on the number of victims of arbitrary detention, as the right hon. Member for Chingford and Woodford Green quite rightly said.

I welcome this Government’s manifesto pledge to give British citizens the legal right to consular access when they get into legal difficulties overseas. I find it extremely concerning that that is not already the case. As colleagues have already attested to, consular assistance not only comes with protection against the very worst excesses of arbitrary detention, but is sometimes the only link between the individual suffering in absolutely harrowing circumstances and the outside world. It is no exaggeration to say that it can be life-saving, and I wish to go on the record to commend the work of dedicated officials in the Foreign Office when such assistance has been provided.

Madam Deputy Speaker, I wish to say one final word on the diplomatic levers available to us. Magnitsky sanctions are a critical tool for ensuring that there is a cost to hostage taking and arbitrary detention, and they should be deployed in a consistent manner in cases such as those mentioned in the Chamber today. In addition, we know that asset freezes can be a very effective tool, as can denying sanctioned individuals access to London’s financial sector and property market. Sanctions must be used in a holistic manner against those responsible for arbitrary detention of British nationals. To deter states from engaging in arbitrary detention, we must also ensure that they bite as much as possible.

On a related point, just last month, Financial Times analysis found that companies registered in the British overseas territories exported $134 million worth of goods to Russia in 2024, in an apparent breach of UK sanctions. The lack of open ownership records in our British overseas territories complicates efforts to establish who is involved in such shipments. The same principle applies to assets that we would seek to freeze. That matters for today’s debate, because without fully public registers of ownership, we will never be totally comfortable that we are not unwittingly allowing individuals who are subject to sanctions to evade them.

I place on the record my thanks to the organisations campaigning on this issue, including Redress, and my deepest sympathy with the families of those who have been arbitrarily detained abroad. Their suffering, and of course the suffering of those detained, is why this debate needs to be had, and why the Government must act on the concerns raised by colleagues on both sides of the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

To make the final Back-Bench contribution, which I have no doubt will be just as impactful as the others, I call Douglas McAllister.

13:50

[Douglas McAllister (West Dunbartonshire) (Lab)]

Thank you, Madam Deputy Speaker, for the opportunity to speak in this Backbench Business debate on detained British nationals abroad. I commend the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing it, and for his relentless campaigning on the important cause of arbitrarily detained British nationals at risk of human rights abuse abroad. I thank the Backbench Business Committee for supporting his application.

This House should be concerned by the number of British nationals detained abroad and at risk. I wish to raise in particular the plight of my constituent from West Dunbartonshire, Jagtar Singh Johal, who has been detained in India for over seven years. I thank my hon. Friend the Member for Wolverhampton West (Warinder Juss) and the hon. Member for Strangford (Jim Shannon) for their contributions to the debate on his behalf. Jagtar is a British citizen from Dunbarton. A campaigner himself on human rights abuses in India, he was abducted and detained in November 2017. After his arrest, he was brutally tortured, and now faces, some seven years later, nine cases against him based on evidence obtained by false confession. Countless applications for his bail have been refused. After all these years, Jagtar remains not just in prison but in solitary confinement. His suffering is unimaginable, and his daily existence almost intolerable.

I am sure that this House will be concerned about Jagtar’s mental and physical wellbeing after being confined in such conditions, which is why the support that the British Government provide to their nationals in harrowing conditions, such as those that my constituent endures, is vital. Consular access and assistance is very often the only link between the individual and the outside world. That has proved to be the case for my constituent Jagtar Singh Johal. Consular access should have a legal framework, and not just be a discretionary offering. Changing the culture of the FCDO and providing families with certainty about what support their loved ones will receive as a matter of right is a necessity. We must introduce it. As far as my constituent Jagtar Singh Johal is concerned, and as my hon. Friend the Member for Wolverhampton West stated, the UN working group on arbitrary detention concluded over two and a half years ago in May 2022 that, under international law, Jagtar’s detention is arbitrary. Yet here we are, 2,589 days later. He remains in prison—unconvicted and in solitary confinement.

To add to that misery, Jagtar and his family must cope with the very real fear that he is at serious risk of a death sentence. At least two of the charges against Jagtar carry the death penalty. Former Governments’ responses have been inadequate, and successive UK Foreign Secretaries have failed to seek Jagtar’s release and repatriation to the UK. That is simply unacceptable and not good enough. The new Government and Foreign Secretary now have the opportunity to uphold the principled position that we took in opposition. I am encouraged by the progress and support that I have received from the Foreign Office, and the Foreign Secretary and his Ministers, who have provided me with regular updates and reports. I have also received assurances in this House, including from the Prime Minister, that Jagtar’s case was raised directly with the Indian Government and Prime Minister Modi. I am encouraged that the Government are seeking Jagtar’s immediate release.

Last month, around the time of seven-year anniversary of Jagtar’s detention, the Foreign Secretary met with me and my constituent Gurpreet Singh Johal, the brother of Jagtar, at the Foreign Office. The Foreign Secretary was extremely generous with his time. In fact, Jagtar’s brother commented in the media immediately after our meeting that he has met with five Foreign Secretaries and this is the first Foreign Secretary whom he felt had actually listened to him. I fully appreciate that other British nationals in similar circumstances across the world require a similar level of active support, and it should be consistent for all. That is why I commend the right hon. Member for Chingford and Woodford Green for securing today’s debate. I thank Reprieve for its outstanding assistance for my constituent, and its guidance to me since I was elected to this House in July. I call on the Indian Government to immediately release Jagtar Singh Johal, and ask that the FCDO continues to escalate its diplomatic representations with its relevant counterparts to establish Jagtar’s release and his immediate return home to my constituency of West Dunbartonshire and his family in Dunbarton. Help bring him home now.

[Madam Deputy Speaker (Judith Cummins)]

I call the Lib Dem spokesperson.

13:56

[Calum Miller (Bicester and Woodstock) (LD)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for leading today’s important debate, and the Backbench Business Committee for supporting it. When this House considers grave matters of war and armed conflict, Ministers often intone that the first duty of the state is the protection of its citizens, and they are right. That obligation to protect the physical security of its citizens does not stop at the borders of our nation. The British passport that permits us to travel to other countries contains a message from the Foreign Secretary in the name of His Majesty that requires others

“to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”

Yet today, Members have highlighted the cases of those to whom that request has not been granted. The Liberal Democrats stand with all British nationals who have been arbitrarily detained overseas, and with their families. We share the anger cited by the hon. Member for East Renfrewshire (Blair McDougall) at their detention. Our party is a steadfast supporter of the rule of law, and salutes the many brave individuals and campaigning organisations that fight tirelessly for democracy, political freedoms, freedom of expression and human rights in those countries where the regime shows no respect for those values. That is why, at the last election, our manifesto contained a commitment to enshrine in law a right for British nationals, including dual nationals, who have been politically detained or face other human rights violations abroad, to access UK consular services. We would be delighted if the Government took up that proposal, so will the Minister advise us when they will enact such a commitment?

I wish to build on the references made to a few cases by right hon. and hon. Members. Like the hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara), it was my privilege to meet the family of Alaa Abd el-Fattah last week. They described the despair that Alaa feels now that his detention has extended beyond the five-year sentence that he was handed in his sham trial. His remarkable mother, Laila Soueif, is now on the 67th day of her hunger strike to protest that Alaa has not been freed. She described to me the needs of her young grandson, Alaa’s son, Khaled, who lives in Brighton. It clearly breaks Laila’s heart that he has not seen his father for so long. I am sure that the whole House understands the anguish that Alaa’s family feel about his continued detention.

I know that Ministers have voiced the need for action in Alaa’s case. As the right hon. Member for Maldon (Sir John Whittingdale) mentioned, in opposition, the Foreign Secretary said in 2022 that there should be “serious diplomatic consequences” for Egypt if Alaa was not released. He also said that the UK’s £4 billion trade partnership with Egypt afforded the UK “tremendous leverage”. Last week, Laila and Alaa’s sisters met with the Foreign Secretary. They protested that, despite those statements in opposition, the UK-Egyptian diplomatic relationship is unchanged, and UK officials continue to negotiate further bilateral investment and trade deals with Egypt. On Saturday, Laila visited Alaa in prison. She updated him on her meeting with the Foreign Secretary, and Alaa said this to his mother:

“I had hope in David Lammy but I just can’t believe nothing is happening. If he was serious and had taken the steps he promised while in Opposition I would have been free today—but instead they just ignored my release date because there was zero pressure. Now I think either I will die in here, or if my mother dies, I will hold him to account.”

Three weeks ago, I met Sebastien Lai and the legal team supporting his father Jimmy Lai. As hon. and right hon. Members have set out, Jimmy is clearly a victim of politically motivated imprisonment. His staunch support of democracy and freedom of speech in Hong Kong is remarkable, yet the Chinese authorities have detained him for four years without trial, holding him in solitary confinement under the national security law. They have denied him access to consular support, placed him at health risk as a 76-year-old with a chronic condition, and denied him his right to practise religion. Last month, they restarted his trial after an 11-month hiatus. Sebastien is deeply worried that his father will die in prison.

The House also heard today from the hon. Members for Wolverhampton West (Warinder Juss), for Strangford (Jim Shannon) and for West Dunbartonshire (Douglas McAllister) about the detention of Jagtar Singh Johal in 2017. As they said, the findings of the UN working group on arbitrary detention in May 2022 upheld the views of his family that he had been detained without any legal basis and that his rights had been gravely violated.

Yesterday I met representatives of Amnesty International who wanted to be sure that the House would hear of the detention without trial of British citizen Mehran Raoof in Iran in October 2020. Mehran is one of many British nationals detained in Iran. In other cases, the families of those detained have asked that their relatives are not named. That is not a surprise given the reputation of the Iranian state for appalling human rights abuses in Iran and for extraterritorial threats to Iranians living overseas, including here in the UK. Tonight Nazanin Zaghari-Ratcliffe will give the 2024 Orwell lecture. The example of her imprisonment and detention, of the courage of her family and of the actions and inaction of successive Ministers should be a sobering reminder of what Iran is prepared to do to British nationals, whom it considers pawns in hostage diplomacy.

I am a newcomer to the House, but I know many Members who spoke today have been long-standing advocates in this place of the rights of those prisoners, and I pay tribute to them for their steadfast campaigning. Sadly, despite the continuous efforts of those parliamentarians, neither the previous Conservative Government nor this new Labour Government have succeeded in advancing the cases of those I have mentioned. Alaa has now spent over five years in continuous detention. Jimmy has now spent nearly four years in solitary confinement. Jagtar was arrested over seven years ago. Mehran was imprisoned over four years ago. The family and friends of detainees are calling on the Government to do more, and they are right to ask why more is not being done.

The Prime Minister or the Foreign Secretary may be raising the cases of those detainees, but the truth is that the countries holding them do not appear to be listening. I do appreciate the Government’s dilemma—after the previous Conservative Government did so much to erode the UK’s standing in the world, this Government have a weak starting point. I therefore understand the temptation to soft-pedal on awkward issues, but, as Members have said, that is the wrong strategy. I agree with the right hon. Member for Islington South and Finsbury (Emily Thornberry) that we need a more self-confident and consistent strategy to guide the Government’s approach when British nationals are arbitrarily detained overseas.

Let me set out five further steps that the Government can and should take. First, the Government should call for the immediate release of any detained British national or dual national who is arbitrarily detained. Secondly, the Government should insist on consular access to any British national and that UK officials attend trials. Thirdly, the Government should commit to raising the case in every ministerial interaction with that Government as part of a joined-up approach that does not treat human rights as one silo in the bilateral relationship. Fourthly, the Government should name the consequences of ignoring their requests for action and, following a suitable period to allow the detaining Government to act, should enforce those consequences against Governments and individuals, as Members have raised. Fifthly, the Government should implement the recommendations of the Foreign Affairs Committee and appoint an envoy or director for arbitrary detention, who would have the role of pursuing those cases and providing regular updates to the families of detainees on the steps the Government are taking to secure their release.

As the hon. Member for East Renfrewshire said, it is not enough for ambassadors and Ministers to increase the adjectives of disappointment as each month passes and as each polite request is ignored. Will the Minister commit today to taking those steps in every case of arbitrary detention? Diplomacy rests upon both parties having a clear understanding of the interests and needs of the other. As the Prime Minister said after meeting President Xi recently and briefly raising Jimmy Lai’s case, the UK should challenge China while being a “pragmatic and predictable partner”.

To take two specific examples, will the Government indicate to the Chinese Government that the Chancellor’s proposed trade and investment visit to Beijing will not go ahead until Jimmy Lai is released? Will the Government tell the Egyptian Government that unless consular access is granted to Alaa Abd el-Fattah, the FCDO’s travel advice will be altered to warn UK travellers to Egypt that it does not always recognise British nationals and therefore consular support cannot be guaranteed?

To travel under the protection of a UK passport must have meaning. It cannot be a polite request. Instead, the Government must put in place a strategy that restores what every passport states: that countries are required to assure UK citizens of free passage and necessary protection.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

14:05

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this important and impactful debate. He speaks with such knowledge on the matter. I thank all other hon. and right hon. Members for their contributions.

Supporting British nationals abroad should rightly be a priority for the FCDO. Looking after the welfare of detainees in particular is a cornerstone of the excellent work done by our consular teams here and overseas. It is crucial that Ministers back our Foreign Office staff, detainees and families by providing leadership at the highest level and supporting them wherever possible. I witnessed some of that during my time as a Foreign Office Minister and, like many Members, I experienced it at a constituency level, seeing how the FCDO has helped with the return of a number of consular cases.

In our last full year in government in 2023, the consular team at the Foreign Office supported 21,000 British nationals around the world, including victims of crime and those who had been detained or hospitalised. We are clear that our citizens abroad must get access to the help they need when they need it.

I note that the Foreign Secretary confirmed last week that he hopes to announce an envoy who will deal with more complex detention cases. I gently say to the Government and the Minister that this must not become an excuse for outsourcing something that is the responsibility of Ministers. Detained British nationals will rightly expect Ministers to grip those issues and provide the political leadership that they and their families deserve. The Government also promised to introduce a new right to consular assistance in cases of human rights violations, which, disappointingly, was not forthcoming in the King’s Speech. I would be grateful if the Minister could update the House on the Government’s plans to bring forward that commitment.

There are a number of high-profile consular cases, some of which we have heard about today, that parliamentarians rightly continue to take a keen interest in seeing resolved. They include, among others, the cases of Jagtar Singh Johal, Alaa Abd el-Fattah, Ryan Cornelius and Jimmy Lai. We raised our concerns about Jagtar Singh Johal’s case, including his allegations of torture, with the Government of India on over 110 occasions. As Foreign Secretary, Lord Cameron of Chipping Norton personally met Mr Johal’s brother in Glasgow. We constantly raised Alaa Abd el-Fattah’s case with the highest levels of the Egyptian Government and pressed hard for urgent consular access. We remain deeply concerned about his case and are absolutely clear that he needs to be released.

When in government, we also regularly raised consular matters with the United Arab Emirates authorities, including Ryan Cornelius’s case, at an official and ministerial level, and consular staff were in regular contact with Mr Cornelius and his family to provide him with ongoing support.

We called strongly for the release of Jimmy Lai, for an end to his politically motivated trial, and for consular access. We raised that consistently at the very highest levels, and pressed for the repeal of Hong Kong’s national security legislation. The shadow Foreign Secretary, my right hon. Friend the Member for Witham (Priti Patel), recently met Mr Lai’s son, Sebastien. We will continue to call for Mr Lai’s release. In the light of the deep concern shared across the House, some of which we have heard today, I would be grateful if the Minister provided an update on the Government’s work with international counterparts to progress those cases, and on his recent engagement with those individuals’ families.

In respect of Jimmy Lai’s case in particular, I return to a theme that I have raised from the Dispatch Box before: the Government’s pursuit of closer relations with Beijing. There is no shying away from the fact that the charge laid against Mr Lai arose because of the national security law that China introduced in Hong Kong. When he was Foreign Secretary, Lord Cameron of Chipping Norton was unequivocal that that law is a clear breach of the Sino-British joint declaration, and we continue to call for its repeal. The Foreign Secretary has said that there are disagreements between his Government and the Chinese on that matter, so I hope that the Minister will assure the House that the Government will articulate those differences in opinion loud and clear by making an explicit call for that law to be repealed. The Foreign Secretary wants to avoid surprises with Beijing, but we cannot afford for any reset of relations to be all give and no take just for the sake of avoiding difficult conversations.

More broadly, we must be clear-eyed that the autocratic world uses dual-nationals as pawns to achieve its objectives and obtain leverage. Indeed, we have seen a disturbing pattern of British nationals being imprisoned by autocracies in recent years. We saw that in Russia with the appalling treatment of Vladimir Kara-Murza, and in Iran with the callous and cowardly execution of Alireza Akbari. Does the Minister have a strategy for countering that pattern of cynical exploitation of British nationals?

I put on record our thanks to the consular teams in the UK, and in British embassies, high commissions and consulates around the world, for the work that they undertake around the clock, often in extremely difficult circumstances, to support thousands of British nationals every year. Many cases may not be as high profile as those that I and other right hon. and hon. Members have set out, but they are all equally important when it comes to safeguarding our interests and looking after our citizens. I would be grateful if the Minister outlined how he is backing our consular teams to ensure that they are properly resourced and can keep up their excellent work. We have a duty to British nationals at home and abroad, especially those who are denied access to vital support. It is right that we give consular services our full backing in delivering that support. To support that work, and to ensure that the UK upholds its duties to its citizens, the Government must provide political leadership by continuing to raise cases at the highest levels.

[Madam Deputy Speaker (Judith Cummins)]

I call the Minister.

14:13

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

I start by paying tribute to the families who are in the Gallery and to those who are not. As the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) said, I have some personal experience in these matters, and I know just how painful it is to have a loved one detained overseas, often for long periods and with great uncertainty about next steps. I have met many of those who are in the Public Gallery. They are a tribute to their families, and I am endlessly in awe of the bravery, commitment and determination that they show.

As the right hon. Gentleman mentioned, many of these cases have been going on for some time. I will start by providing context on the general situation. Several Members have made comments about trend lines; I will offer data on the Foreign Office’s response, as has been requested. I will set out Labour’s position, and then I will turn briefly to some of the cases that have been raised. However, as was said by the Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock (Calum Miller), many families do not wish to have their case named in this House, and many of them are not represented in the Public Gallery. That does not make them any less of a priority for me, the rest of the ministerial team, or the Foreign Office.

I join the shadow Minister—the right hon. Member for Aldridge-Brownhills (Wendy Morton)—and many other right hon. and hon. Members in paying tribute to consular teams for their work. The right hon. Member for New Forest East (Sir Julian Lewis) said that many Foreign Office staff are the best and brightest, and that is certainly true for consular teams, who I am very happy to represent as the consular Minister, and to visit everywhere I go. The week before last, I was in Pakistan, where our staff deal with some of the most complex consular cases, as the House will know. They work 24/7 to ensure that people have what is often their only contact with the outside world once they have been detained, as many Members have said.

I would not claim to be one of the best or brightest, but I am what the right hon. Member for New Forest East would probably call a specialist unit, given that during my time in the Foreign Office, I dealt with many such cases. Indeed, I worked with other nations, as many Members have encouraged the Government to do. It is of course desirable to look at other countries’ systems. My right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) mentioned the SPEHA system, with which I worked extensively. I can assure her that I talk to my American counterparts, including the special envoy, who I will see this weekend.

Members seek consistency in our response to consular cases. They will recognise that what governs our ability to provide consular assistance is the Vienna convention, which mandates that we cannot interfere in foreign legal systems; we can only ensure that proper consular assistance is offered. Many Members have rightly highlighted the difficulties in identifying whether British nationals have had proper recourse to due process and their full rights. The Foreign Office remains focused on that question.

We are assisting 1,400 British nationals overseas. Some of those cases are more straightforward; some are considerably more complex. We provide assistance, both directly and through a partnership with Prisoners Abroad—a highly valued charity with which many Members will be familiar. It works to ensure not only that British nationals overseas are visited by the Foreign Office, but that they have access to essentials such as food and medication. Prisoners Abroad also supports the families of those detained abroad, a vital service that we will continue to support. We have long-running partnerships with non-governmental organisations such as Reprieve and the Death Penalty Project, which provide expertise in complex cases.

I know that right hon. and hon. Members are familiar with the Foreign Office arrangements, so I will not dwell on them too much, but let me be clear about what a Labour Government will do differently and why. We will introduce a special envoy for complex consular cases, in part because we have heard from families, including those in the Public Gallery, about their experience of seeking Foreign Office support. We will introduce that envoy so that there is, as many Members have requested, a part of the Foreign Office with a particular focus on complex consular cases. We will also introduce a new right to consular assistance. I hope to return to the House shortly to set out more details on both provisions.

The right hon. Member for Maldon (Sir John Whittingdale) rightly highlighted that we should be uneasy about the increasing global trend of trying to use British and other foreign nationals as diplomatic leverage. It is important to repeat that we will never accept British nationals being used as pawns or diplomatic leverage. We take a strong position on that, and will continue to do so. We will not haggle for British nationals, but will ensure that they have their proper rights, in accordance with the Vienna convention, and will do everything we can to support their family.

I turn briefly to some of the cases that have been raised. I reiterate that I will not mention every case. There are many names that are burned into my mind, as Members would expect, and cases that we work on regularly that I will not mention now, but I will address those on which I have been particularly pressed for answers. I begin with the cases of Mr Cornelius and Mr Ridley. The family are above me in the Gallery. We will continue to provide support to them, but I reassure the House that I have now raised with the ruler of Dubai the request for clemency, and outlined the British Government’s support for Mr Cornelius’ pardon application. The previous Foreign Secretary did so, as was alluded to by the shadow Minister; I thought it was important to provide clarification on that. I recognise that there has been unwelcome news in this case; I will not go into further detail about that in this place, but we will continue to work on the case. I met Mr Cornelius’s family recently, and I reassure the House that I have committed to continuing to meet them for as long as the two cases remain ongoing.

Mr Lai’s case, which was also raised, remains a priority for the British Government. We are closely monitoring his trial, and I can reassure the House that diplomats from our consulate general will continue to attend his court proceedings. As this House is aware, the Prime Minister raised the matter of Mr Lai with President Xi at the G20 summit, and the Foreign Secretary has raised it with his equivalent. The Minister for the Indo-Pacific has also raised this case with both the Chinese and Hong Kong authorities. We continue to call on the Hong Kong authorities to end their politically motivated prosecution and immediately release Mr Lai.

I pay tribute to my hon. Friends the Members for Wolverhampton West (Warinder Juss), and for West Dunbartonshire (Douglas McAllister), for raising the case of Mr Johal. We continue to press the Government of India for faster progress to resolve this matter. I recognise the diligent efforts of his brother, who I understand is in the Gallery, and the deep and profound frustration about this case. It must be resolved, and that resolution must include an investigation into Mr Johal’s allegations of torture.

I will return to this House later today to talk further about Mr el-Fattah’s case. That case remains at the front of my mind and that of the Foreign Secretary. He met the family, who I understand are behind me in the Gallery, last week. The Prime Minister has raised the case with President Sisi; the Foreign Secretary and I have both raised it with the Egyptian Foreign Minister; and my right hon. Friend the Minister for Development raised it just this week, again with the Egyptian Foreign Minister. Mr el-Fattah’s case is tragic. I am very mindful of the hunger strike of his mother, who I have met, and whose efforts have been mentioned by many hon. Members. We will continue to focus on Mr el-Fattah, and I look forward to returning to the House this afternoon to discuss his case further.

On Emily Damari, a hostage held by Hamas and a British national, she and all the other UK nationals and people with UK links held by Hamas are very much on our mind. We continue to press for their immediate release, for humanitarian access to them, and for the medical assistance that we are sure they will require. I met their families this week, and they will remain a steadfast focus. I would also like to comment briefly on the case of Dr Ibadoghlu; we have indeed raised this case with the authorities, including recently at the end of October.

As the right hon. Member for Chingford and Woodford Green suggested, these are not easy cases. Many of them have been going on for some time, and the appointment of an envoy is important, but I reassure this House that I am the Minister responsible for consular affairs. It is not for officials to own these cases; as the shadow Minister has made clear, that is for Ministers. That is very much the view that I and the Foreign Secretary take. I look forward to returning to the House to discuss some of these cases in more detail, and to tell Members about the measures that we will take. I regret that in our few months in Government, we have not yet seen positive progress on all these cases, and I note that many Members have referred to the negative trend in some of these areas. I reassure the House that we will continue to focus on this issue above all. As was said by the Liberal Democrat spokesperson, the hon. Member for Bicester and Woodstock, the first duty of Government is to look after their people. There is no higher responsibility for me than serving British nationals, whatever corner of the world they are in.

[Sir Iain Duncan Smith]

Before the Minister concludes, there is something that many Members have called for that he has not touched on. We passed an Act on Magnitsky sanctions some time ago. Should those sanctions not be part of our attack on hostage-taking and on people being detained abroad for no reason? Why are those involved not being threatened with sanctions, and not having sanctions applied to them? Why are the Government—all Governments—so reluctant to use this tool?

[Hamish Falconer]

I am afraid that, as the right hon. Gentleman might expect, I will not provide a detailed commentary on whether we are considering sanctions in any of these cases. Our position has been that we do not like to discuss sanctions in the House before we implement them, but I recognise the thrust of what he says. I think he is asking me to ensure that there is no diplomatic lever that we would not consider pulling to ensure the safety of our nationals, and I can confirm that.

[Emily Thornberry]

I thank my hon. Friend for being so clear, but can he say whether the criteria for deciding whether a British national has been arbitrarily detained will be published?

[Hamish Falconer]

I recognise the work of my right hon. Friend and her Committee, the detailed report on this subject that the Foreign Affairs Committee published during the previous Parliament, as well as the work of the APPG on these matters. As she said about the American experience, it is important for an envoy to be appropriately focused, and to have a limited number of cases. We are keen to engage with the House on how to ensure that the envoy is focused on a limited number of cases, and on what criteria are most appropriate. My view is that the process will continue to require ministerial discretion, as the shadow Minister said, but I look forward to talking to both my right hon. Friend’s Committee and the House again in more detail once we are in a position to bring forward more concrete proposals.

Unless any other Members wish to intervene on me, I will conclude. These are some of the most difficult issues that the Government and Members of the House face. I pay tribute not only to the families in the Gallery and beyond, but to right hon. and hon. Members. During this debate, there have been allusions to the historical preference of the British Government for not discussing consular cases in public in any great detail. In some cases, as the Liberal Democrat spokesperson said, that is for reasons of safety or judgment, the Foreign Office having assessed what is most likely to assist the British national in question. However, I recognise that as hon. Members have said, this issue is of real importance to many Members of the House, and I will make myself available to all Members who have complex consular cases that they wish to discuss with me.

14:28

[Sir Iain Duncan Smith]

This debate was long overdue, and we have used the time well. We should have regular debates on this issue; the Government should set aside time for Back Benchers to debate what is happening to constituents who have been arbitrarily arrested and, more widely, to British citizens who are unlawfully detained. That should be a regular occurrence, and there should be regular reports. In my opening remarks, I called for a regular report from the Government on the status of those individuals. I hope that the Minister will take that request away, and that Ministers will initiate debate on this issue, rather than waiting for Back Benchers to do so. That would give us a real sense of the concerns, and the direct action that is being taken.

A number of issues were raised by colleagues from across the House. First, there was a call for a regular envoy who would be directly involved in these cases, so that the families always feel informed, and so that there is a go-to individual who everybody knows, and who possesses knowledge and understanding, including of the policy that the Government have initiated. It would be helpful if the Government made it clear that that is what they want to do.

The Chair of the Foreign Affairs Committee spoke about making sure that we link this issue with trade, and that is very viable. We have different Departments; I was a Secretary of State once and we deal in separate little silos, and no one quite knows what the other is doing. It is clear from the debate that everybody shares the view that it is time for there to be a concentration of effort so that all powers are brought to bear on foreign Governments and every angle is used: trade, investments and, ultimately, sanctions.

We have Magnitsky sanctions legislation. We know now from what has happened around the world that what really concerns individuals is the idea that they will be sanctioned—sanctioned by Governments in the democratic world who will refuse them access to their financial institutions and all the other pleasures they may derive from being in places like the UK, Europe or the United States. This is a very efficient tool, but it is not used much by the UK Government and it should be used more.

In Hong Kong, China has trashed the Sino-British agreement and has arrested a number of people. It has just incarcerated 45 democracy campaigners in ghastly fashion, having held them for three years before eventually giving them their sentence. Jimmy Lai, in appalling treatment, languishes in isolation from others. And we, the UK, who set the agreement with China, have sanctioned not one single person responsible for any of the many abuses. America has sanctioned at least 12 of the highest officials. This shows—this is the main issue that arose from the debate—why people in Britain believe that British Governments of all hues, through the Foreign Office, do not do as much as they should. That has to be countered; whether it is correct or not, it needs to be answered. That was the final point of the debate.

Finally, I want to stress on every given occasion that our British passport, given to those who are British citizens whether or not they are dual nationals, has on its inside page a demand, not a request, and sometimes we in this House wonder about that. As one Foreign Minister after another, whether Conservative or Labour, arrives on the Front Bench, none ever makes that statement. British citizens require and demand that right of access to the consulate—one of the Minister’s responsibilities—so that they can have their issues dealt with. We need to know that that has been demanded, not requested nor negotiated—demanded, as that is a right that we have. I hope the Minister will take away with him the sense that there is genuine concern here about the behaviour of successive Governments in this matter.

Question put and agreed to.

Resolved,

That this House is concerned by the number of arbitrarily detained British nationals at risk of human rights abuses abroad and the apparent lack of active support for those detained; and calls on the Foreign, Commonwealth and Development Office to provide regular reports on when it last raised the cases of those people with its international counterparts.