Jonathan Taylor: SBM Offshore

Caroline Nokes Excerpts

Monday 9th November 2020 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on what steps HM Government have taken to secure the return of Jonathan Taylor to the UK in order to complete inquiries into corruption by SBM Offshore.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Wendy Morton)]

I am very aware that my right hon. Friend has been taking a very keen interest in this issue. Mr Taylor exposed corruption at the Monaco-based Dutch multinational SBM Offshore in 2012. He was arrested in Croatia on 30 July this year on an Interpol red notice issued by Monaco for charges of corruption and bribery.

At this time, we have no evidence that the arrest is linked to Mr Taylor’s whistleblowing on corruption at SBM Offshore. However, Mr Taylor has alleged that the arrest is linked to his whistleblowing activities. On 3 October, the Croatian extrajudicial council issued its decision to extradite Mr Taylor to Monaco. Mr Taylor has been on bail since 4 August.

Mr Taylor appealed against his extradition to the Croatian Supreme Court, which has advised that the UK should first be asked if it wanted to extradite Mr Taylor as a UK national. We understand that the Crown Prosecution Service has advised that it has no outstanding case against Mr Taylor. Therefore, the UK has notified the Croatian authorities that we are not seeking to extradite him. The Croatian court will now reconsider the issue.

We are following the progress of Mr Taylor’s appeal very closely and will continue to do so. We have approached the Monégasque prosecutor’s office to request the details of the specific charges against Jonathan Taylor. We have also spoken to Mr Taylor’s UK lawyer to understand the grounds on which he is appealing the charges, and we are providing consular support to Mr Taylor. We have stayed in very regular contact with Mr Taylor and sought updates on the case from the Croatian judge.

Consular staff spoke to airport police on 30 July, when Mr Taylor was first arrested. They spoke to Mr Taylor and provided him with a list of local English-speaking lawyers. Staff have spoken to the judge for information on the local legal process and for regular updates on the progress of the case, to the prison social worker to check on Mr Taylor’s welfare, and to the president of the extrajudicial council. They have also spoken to Mr Taylor’s wife.

Since the decision to extradite Mr Taylor, Foreign, Commonwealth and Development Office staff have been in contact with Mr Taylor on multiple occasions and have spoken with Judge Djordjo Benussi of the county court in Dubrovnik. If we receive any evidence that Mr Taylor’s arrest is linked to his whistleblowing activities or that due process is not being followed, we will of course consider what further steps we can take to support him. However, it is a requirement of the Vienna convention on consular relations that signatories do not interfere in the internal affairs of other countries. We cannot interfere in the legal proceedings of other countries, just as we would not accept similar interference.

I met the right hon. Member for Barking (Dame Margaret Hodge) and a co-chair of the all-party group on anti-corruption and responsible tax on 15 September. More broadly, my right hon. Friend may be interested to know that the UK has seconded a senior lawyer to the Interpol taskforce working to prevent abuse of Interpol systems.

[Caroline Nokes]

I welcome my hon. Friend’s obvious interest in this case. As she says, my constituent, Jonathan Taylor, is a whistleblower who has provided evidence to numerous agencies across the globe, including our own Serious Fraud Office. He is currently detained in Croatia under a European arrest warrant and is trying to prevent what he describes as a politically motivated extradition to Monaco.

My hon. Friend has stated the Government’s position with no ambiguity—the FCDO cannot and will not interfere in the judicial proceedings of another country—but in this case the FCDO has been explicitly asked by the Croatian court to provide a statement. She has highlighted that the National Crime Agency is not seeking Mr Taylor’s surrender under the EAW, but we do not know whether the FCDO has separately responded to the court. If it has not, why not, and if it has, may we have details of the response? Although my constituent may not be wanted by the NCA, he has been providing information to the SFO regarding the actions of his former employer. Has that been considered when stating that Her Majesty’s Government are not seeking his surrender?

We know from other cases where British citizens are detained abroad that the FCDO does comment—indeed, the official Twitter account referenced one such case just six days go—so the UK does get involved, but apparently not in the case of whistleblowers. That sends a chilling message to others thinking of doing what my constituent has done in blowing the whistle on his former employers, SBM Offshore—a company that paid $240 million to settle criminal charges over improper payments to officials.

What consideration has been given to Mr Taylor’s human rights? Does my hon. Friend have absolute confidence that he will receive a fair trial in Monaco? What conversations has she had with authorities in Monaco regarding the case, and can we have details further to the one she referenced? I know she will not comment on the quality of the evidence provided, but its flimsiness has caused lawyers concern. It is not satisfactory to repeat that Her Majesty’s Government do not get involved. My constituent has whistleblower status and deserves the appropriate protection.

[Wendy Morton]

I shall endeavour to answer my right hon. Friend’s questions as best I can, but I think it is important to recognise that it is a requirement of the Vienna convention on consular relations that signatories do not interfere in the internal affairs of other countries. I am sure she understands that.

As I said, we have no evidence that Mr Taylor’s arrest is linked to whistleblowing on corruption at SBM Offshore. If evidence emerges or if there is an indication that the process is incorrect, we will of course look again.

My right hon. Friend asks about contact with Monaco. The British embassy in Paris has approached the Monégasque prosecutor’s officer to obtain more information about the charges against Jonathan Taylor, which are not specified further than bribery and corruption; we await a response. I assure her that we are providing consular support, and we are in contact with Mr Taylor and his family. We have also spoken to his UK lawyer and to the Monégasque prosecutor’s office to request the details of the charges. I can only reiterate that, if we receive evidence that Mr Taylor’s arrest is linked to his whistleblowing activities or that due process is not being followed, we will consider what further steps we can take to support Mr Taylor.