Detained British Nationals Abroad

Calum Miller Excerpts

Thursday 5th December 2024 Commons Chamber

[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.