Murder of UK Nationals Abroad

Brandon Lewis Excerpts

Tuesday 17th January 2017 Westminster Hall

[The Minister for Policing and the Fire Service (Brandon Lewis)]

It is a pleasure to serve under your chairmanship, Mr McCabe. I congratulate my hon. Friend the Member for Esher and Walton (Mr Raab) on securing this debate and on the concise and clear way in which he outlined the issues relating to the tragic events of 2014. Such issues affect a number of British families in similar situations. I am only too aware of the devastating impact that such cases can have on families and communities. I was recently touched by the death of my constituent Hannah Witheridge, who died alongside David Miller in tragic and awful circumstances in Thailand in 2014, so I have seen the impact that such cases have. The Norfolk police did a fantastic job with the family liaison officers in working with the families and giving support to the community.

I am sure my hon. Friend understands that it would be inappropriate for me to comment on the detail of specific cases. As he said, to do so could prejudice any current or future investigations. However, I recognise the concerns that he raised about the support available to bereaved families, and I hope to respond to those points, even if I use more general terms.

It is always a tragedy when a family member dies. I cannot begin to imagine the heartache that families feel when it happens away from home. I saw that for myself in the tragic case of Hannah in my constituency. It is particularly devastating when there are suspicious circumstances that are hard to get to the bottom of, and when the family believes that they have not been investigated as thoroughly as they could have been.

Our police are among the finest in the world and rightly have an enviable reputation for professionalism, so it is entirely understandable that families want UK police officers to investigate the circumstances of their loved one’s death overseas. Although UK police support is provided in a number of cases, including consular support provided by the Foreign and Commonwealth Office and police liaison support, I am sure my hon. Friend appreciates that it is not always possible to provide it due to circumstances that can be outside our and those agencies’ control. It is important to recognise that UK police officers can assist in a foreign state’s investigation of crimes committed overseas only with the express invitation of the host Government, and for a number of reasons invitations are not always forthcoming. I understand that that must be extremely frustrating for families seeking justice for deceased relatives, but it is simply not possible to support investigations in another country without its permission.

There will also be circumstances when support is requested by a host Government, but it does not meet the expectations of bereaved families or does not go far enough to address their concerns. Again, we are limited by the scope of the request and cannot independently provide investigative assistance unless explicitly asked to do so by the host country.

Requests for support are considered carefully by Home Office Ministers to ensure that any assistance requested is consistent with our international obligations and will not potentially lead to any human rights abuses. It is then for the police, who are operationally independent of the Government, to consider what support they may be able to provide to an investigation overseas. Inevitably, there will be occasions when the police in that locality judge that there is little value that can be added to an investigation, or that support would be impractical. Those are rightly operational decisions for the police to make, and it would be inappropriate for the Government to seek to influence them.

That is not to say that the police do not support overseas investigations. As I said, it would be inappropriate for me to comment on specific cases, but I can confirm that the Home Office frequently authorises support to overseas law enforcement agencies. In each of those cases, a request will have been made by a foreign law enforcement agency. The request will have been authorised by Ministers, and the police will have confirmed that they are in a position to provide assistance.

Mutual legal assistance, which my hon. Friend mentioned, is distinct from law enforcement or police-to-police co-operation. It is a formal method of judicial co-operation between states to obtain assistance in the investigation or prosecution of criminal offences. Such requests are considered carefully by Home Office Ministers, and the UK provides assistance wherever we can. Again, it must be in line with our international obligations.

As such cases are sensitive, family members are often unfortunately but necessarily not aware that support has been requested or is being provided. Although I completely understand that it must be extremely difficult for a family member who is desperate for answers, it is absolutely critical that nothing is done to jeopardise any ongoing investigations, as that may ultimately result in the failed prosecution of any suspects who are identified.

In addition to the support provided to specific investigations, it is also worth mentioning that police officers do excellent work in undertaking to improve the capabilities and professionalism of foreign police services. That can include the routine deployment of officers to carry out training in areas such as leadership, forensics, intelligence and other activities, sharing the best practice that our police have and building relationships to improve policing at home and abroad. By enhancing the capability and capacity of foreign police services to conduct thorough, evidence-based investigations, we increase not only the likelihood of successful prosecutions but compliance with human rights obligations. That in turn can remove some of the barriers to co-operation on individual cases that come up.

My hon. Friend spoke primarily about the particular case of his constituents, but this issue has implications for people more widely. I thank him for securing the debate and for raising the profile of the challenge of being able to work in other countries, which affects both families and the police. I understand that it is an emotive issue for the people involved. I want to take the opportunity to commend the police across the country for the vital role they play in what can often be very challenging circumstances. I assure my hon. Friend that the Government will continue to support requests for assistance where the circumstances allow. I will certainly make sure I keep him and, through him, the family apprised of the situation where we can.

Question put and agreed to.