Detained British Nationals Abroad
Debate between Julian Lewis and Iain Duncan Smith(3 weeks ago)
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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.