British Nationals Detained Overseas

Debate between Amanda Milling and Martin Docherty-Hughes

Wednesday 20th April 2022 Westminster Hall

[The Minister for Asia and the Middle East (Amanda Milling)]

It is a real pleasure to serve under your chairmanship, Mr Pritchard.

I am incredibly grateful to the hon. Member for Cardiff West (Kevin Brennan) for securing this afternoon’s debate and for his tenacious support for his constituent Luke Symons. I will return to Luke’s case in a bit more detail shortly. I am also grateful to other hon. Members for raising a number of different cases today.

I want to start by paying tribute to our consular staff and our diplomats around the world, who work tirelessly to meet the needs of vulnerable British people. Around 5,000 British nationals are arrested or detained overseas each year, and supporting them is a large part of the role of the Foreign, Commonwealth and Development Office. Our consular staff are contactable 24 hours a day, 365 days a year, and they offer empathetic and professional support, which—importantly—is tailored to each individual case. Our staff make no judgment about the innocence or guilt of those detained overseas. As this debate and the cases that have been raised have highlighted, there are often incredibly complex challenges to overcome.

When British nationals are detained overseas, their health, welfare and human rights are our top priorities. We provide information on the local prison system so that they understand how it works. Where relevant, we inform British nationals how to access medical treatment. We provide information on English-speaking lawyers and whether a lawyer is provided by the state, so that they can access legal advice.

We cannot interfere in the internal affairs of another country, including court proceedings. Our ability to provide consular assistance is also dependent on other states adhering to their own and international laws. We can and do intervene where British nationals are not treated in line with internationally accepted standards and where there are unreasonable delays in procedures. We take all allegations of torture or mistreatment very seriously.

[Martin Docherty-Hughes]

The Prime Minister has said:

“As we face threats to our peace and prosperity from autocratic states, it is vital that democracies and friends stick together.”

Does the Minister therefore agree, given the issues in respect of detention and torture, that we must not shrink from letting democratic friends know when they have fallen short on what we take to be shared values, especially around allegations of torture?

[Amanda Milling]

I am grateful to the hon. Gentleman for his intervention and for his specific campaigning on behalf of his constituent. As I say, we take all allegations of torture and mistreatment very seriously. In his constituent’s case, we take all allegations of human rights violations seriously, and Ministers and senior officials have raised Mr Johal’s allegations of torture and the right to a fair trial with the Government of India more than 70 times. Both the Foreign Secretary and Lord Ahmad of Wimbledon have raised his case, and we have regularly raised it through officials. The hon. Gentleman campaigns passionately on behalf of his constituent, and I know that he raised his case with the Prime Minister yesterday in the House.

Consular Support for British Citizens

Debate between Amanda Milling and Martin Docherty-Hughes

Thursday 9th December 2021 Commons Chamber

[Amanda Milling]

We always seek to hear feedback from those who have to use the FCDO’s services, and I would be more than happy to discuss the particular case to which the hon. Gentleman is referring after the debate at another point.

We have to be clear about what levels of service the FCDO can and cannot provide. We are not funded to pay for legal, medical or translation costs, but the consular staff will signpost sources of help.

[Martin Docherty-Hughes]

If there were clarity about the basics of what the consular service can do, it would be a start. It could be put online and regularly reviewed.

[Amanda Milling]

Hopefully some of the improvements that we are continuing to make in the service will address some of the points that have been raised today.

One of the points that was raised earlier related to lawyer lists. Our posts overseas maintain lists of English-speaking lawyers who are qualified to act in an overseas jurisdiction. That is published on gov.uk. We welcome feedback, but we cannot provide specific recommendations. That said, we are considering how we can make these online lists more accessible and easier to navigate.

I mentioned how consular staff can signpost sources of help and, for example, we work closely with and fund specialist organisations that provide assistance we cannot provide, such as counselling, legal advice and support with translation and repatriation. This includes the Victim Support homicide service, Prisoners Abroad, Glasgow and Clyde Rape Crisis, and travel care providers and chaplaincies at major UK airports. We publish full details online of what the FCDO can and cannot do to support British nationals abroad. We will publish a refreshed and updated version next year.

When British nationals are detained overseas, their health and welfare is our top priority. We make every effort to ensure prisoners receive adequate food, water and medical treatment and that they have access to legal advice. When we hear about a detention or arrest, our consular staff attempt to contact the individual as soon as possible. How frequently we visit will depend on the nature and context of the case, but we are aware that our visits are a lifeline for many detainees, and that our staff are the only visitors that some will receive.

However, we do not and must not interfere in civil and criminal court proceedings. It is right that we respect the legal systems of other countries, just as we expect foreign nationals to respect our laws and legal processes when they are in the UK.

[Amanda Milling]

I will make progress, if the hon. Lady does not mind.

We can and do intervene on behalf of British nationals where they are not treated in line with internationally accepted standards or if there are unreasonable delays in procedures.

We take allegations of torture or mistreatment incredibly seriously. Although we cannot investigate allegations ourselves, with the consent of the individual we can raise the allegations with local authorities to demand an end to the mistreatment and to demand that the incidents are investigated and the perpetrators brought to justice. Our priority is always to serve the best interests of the individual. Any decisions on the action we might take in response to allegations of mistreatment are made on a case-by-case basis and only with the individual’s consent.

[Martin Docherty-Hughes]

Given that there is clear evidence that my constituent Jagtar Singh Johal has been arbitrarily detained, why will the Government not agree that this UK citizen is being arbitrarily detained by the Republic of India?

[Amanda Milling]

We take all allegations of human rights violations seriously, and the Foreign Secretary, ministerial colleagues and senior officials have raised Mr Johal’s allegations of torture and his right to a fair trial with the Government of India more than 70 times.

There is no legal right to consular assistance. As colleagues will know, the UK is party to the Vienna convention on consular relations, a multilateral agreement setting out how states will co-operate in support of their nationals overseas. Our ability to provide consular assistance remains, at all times, dependent on states respecting the Vienna convention, and it must be done in accordance with the laws of that country. Even if a right to consular assistance were enshrined in domestic law, our ability to provide it overseas would continue to remain wholly dependent on the co-operation of host states. It would not help many of our most complex cases.

As I set out earlier, we continually seek to improve our consular services. We welcome feedback, and we use it to improve our services and to provide the best possible assistance. We have learned lessons during the pandemic about how we can operate remotely. We are not complacent about the overwhelmingly positive feedback we receive, and I acknowledge that there are always areas where we can improve. We have a dedicated learning team, who ensure that our staff have the knowledge and skills they need to support British nationals. We have, for instance, included testimony from bereaved families in our training modules on how to support people bereaved through murder and manslaughter. It helps staff to understand the perspective of somebody needing that assistance. We also have a robust complaints process for those who feel that we have not provided the service that they needed. I want to reiterate our openness to working with others, particularly the all-party group, to ensure that British nationals receive the right support, tailored to their circumstances.

To conclude, our consular staff at home and abroad work extremely hard to support British nationals in distress and their families, often in difficult circumstances. We take every single consular case seriously. Our trained and expert staff work with empathy and aim to offer the help that is needed, be that advice or practical support. They are not lawyers, medics, police detectives or social workers, but what they try to do is ensure that British people have the information and support they need to help them deal with the situation they face.