Detained British Nationals Abroad

Brendan O'Hara Excerpts

Thursday 5th December 2024 Commons Chamber

[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.