British Nationals Detained Overseas

Catherine West Excerpts

Tuesday 5th September 2023 Westminster Hall

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a delight to contribute to this debate under your chairmanship, Ms Ali. I congratulate my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) on her excellent introductory speech.

For any British national, the idea of being wrongfully detained abroad or denied true legal processes is bone chilling. Kept away from friends and family, dealing with foreign laws and customs, in some cases subject to arbitrary processes, and with an uncertain outcome, it is a situation none of us would want for any of our loved ones. We saw how hard my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) worked, along with the family, on freeing Nazanin Zaghari-Ratcliffe. There are many of us who are also doing similar work in our constituencies. I had the case of Aras Amiri, who was in the same prison as Nazanin Zaghari-Ratcliffe.

When someone is detained abroad, many people have the expectation that an official from the British high commission or embassy will provide advice and support until they are returned to the UK. It is a great credit to our hard-working officials that they put in the hours abroad, attending many visits to prisons and providing that important link back with home. I know that all Members will pay tribute to the important consular work that goes on day in, day out.

Sadly, however, that is not the case in every situation. We know from the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), who has talked about Jagtar Singh Johal, the opportunity that the UK has right now to be talking publicly about that case. We know from the work of the Foreign Affairs Committee—which my hon. Friend the Member for Rhondda (Sir Chris Bryant) has sat on for quite some time, and that published a report about the shortcomings of the current offer for people who are in trouble abroad—that too often the Government’s efforts to secure the release of British nationals unjustly obtained abroad have been, according to the families, arbitrary, haphazard, uncoordinated, and lacking resource and transparency.

This week, we have seen a formal apology from the FCDO for its appalling handling of the case of Matthew Hedges. These ongoing individual cases have been raised many times by their respective constituency MPs. I wonder whether the Minister will outline what learning he has made as a result of the apology issued just this week.

We must remember that there are many others who do not share the same profile as Jagtar Singh Johal, Nazanin Zaghari-Radcliffe or others, but there is still no legal obligation for the UK Government to provide consular assistance to a British citizen, even in cases involving allegations of torture or arbitrary detention, leaving it entirely at the discretion of the Foreign Office and Ministers. That stands in contrast with a number of other countries that recognise there is a specific right to consular assistance. We have looked at examples from German consular outposts and Estonia; even smaller countries, in some cases, are doing a better job. Whether the case is high profile or not, British nationals deserve the support of the British Government, and I am proud that Labour’s commitment to legislate for a legal right to consular assistance for British nationals in trouble abroad, should we form the next Government, will be a keystone of our foreign policy. Until then, Ministers must do more to reassure British nationals that they will be supported.

Many Members in the debate have highlighted the cases that have been put on record in a number of cases. We share the concerns about Jimmy Lai. We have had meetings with the council and we have met Sebastian Lai; he is desperate about the situation of his father, who was wrongly imprisoned for freedom of the press. We also know that, with the G20 coming up in India, this is a great opportunity for the UK to highlight the case of Jagtar Singh Johal. We understand that Morad Tahbaz has been released into house arrest. Can the Minister give the House an update on that? I know that Mr Tahbaz is also a US citizen and the State Department has led negotiations, but can the Minister update us on the UK’s role and whether we can expect that he will be allowed to leave Iran soon?

Finally, for two years Egypt has continued to deny Alaa Abd El-Fattah his basic right to consular access as a British citizen and paid no diplomatic price for doing so; the Prime Minister raised this in person with President Sisi 10 months ago. Do the Government have any concrete plans or an update for the House to secure access beyond raising it in meetings? Have the Government considered amending their travel advice to warn British nationals about their inability to guarantee the provision of consular support to them in the event that they themselves are detained, particularly if they are dual nationals? I conclude my remarks here and note the cross-party consensus and commitment in the Chamber to seeing a better deal for Britons detained abroad.

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[Leo Docherty]

Yes, indeed—we consider all these cases. If I may, I will come on to that case, because the hon. Gentleman has been a champion of it. Let me assure him—I am sure he knows this—the Government have raised concerns about Mr Johal’s case with the Government of India, including allegations of torture and his right to a fair trial, on over 100 occasions, and we will continue to do so. We take the UN Working Group on Arbitrary Detention’s opinion in this case very seriously. We have consistently raised concerns about Mr Johal directly with the Indian authorities and we will continue to do so, as I say. Having carefully considered the potential benefits and risks to Mr Johal of calling for his release, as well as the likely effectiveness of doing so, we do not believe this course of action would be in his best interests. But as I say, we will continue to raise his case with the Government of India.

Let me turn now to two cases mentioned by the hon. Member for Hornsey and Wood Green (Catherine West) and the hon. Member for St Helens South and Whiston. The first is the case of Morad Tahbaz in Iran. We are pleased to see that British national Morad Tahbaz has been released on furlough. That is a first step, and we remain focused on his permanent release. Of course, the UK is not party to negotiations between the US and Iran; the details of any agreement are a bilateral matter for those two countries. But we do think that his release on furlough is a positive step.

I turn now to the case of Mehran Raoof, also in Iran. We are supporting the family of Mr Raoof, who is a British-Iranian national and has been detained in Iran since 2020. Of course, his welfare remains a top priority. It remains entirely within Iran’s gift to release any British national who has been unfairly detained and so we should urge Iran to stop this practice of unfairly detaining British and other foreign nationals and urge it to release Mr Raoof.

I turn now to the case of Mr Alaa Abd El-Fattah, in Egypt. Of course, we remain committed to securing consular access for dual British-Egyptian national and human rights defender Alaa Abd El-Fattah. We continue to raise Mr El-Fattah’s case at the highest levels with the Egyptian Government. We remain committed to supporting him and his family. My right hon. Friend the Foreign Secretary met family members on 6 February, and Lord Ahmad has met family members several times—most recently on 6 July. Our ambassador in Cairo and consular officials are in regular contact with family members and they met most recently on 5 April. Of course, we will continue to offer all the consular support that we can.

I was very grateful to my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for raising the case of his constituent Mr Saiful Chowdhury. Of course I give him my absolute assurance that we will be happy to correspond and raise this case. Perhaps we could exchange details after this debate. We look forward to corresponding on that case and we look forward to offering any support we can to Mr Chowdhury, so I am grateful to my hon. Friend for raising that case.

Turning to the case of Jimmy Lai, which was raised by several Members, let me be very clear that we are using our channels with the Chinese and Hong Kong authorities to raise Mr Lai’s detention and request consular access. The Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed, last met Mr Lai’s son and his international legal team on 24 April and officials continue to provide support. We continue to make our strong opposition to the national security law clear to the mainland Chinese and Hong Kong authorities. It is being used to curtail freedoms, punish dissent and shrink the space for opposition, free press and civil society. The Foreign Secretary raised Jimmy Lai’s detention with Chinese Vice-President Han Zheng on 5 May and in his opening statement at the 52nd session of the UN Human Rights Council on 22 February. We will continue to raise this case and others.

[Catherine West]

In the course of this debate, the question of whether the Foreign Office considers Mr Lai to be a British national has been raised. Could the Minister please elaborate on that because it is key to the sort of approach that we in this House take, but also which legally the Foreign Office should be taking? I have met the wonderful leader of the Hong Kong mission. I know he is doing his utmost but this has to be pushed at a much more senior level in order to get a result. I know that that is the view of the House.

[Leo Docherty]

I am grateful for the opportunity, and I will reiterate the language used by the Foreign Secretary and referred to by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith): Mr Lai is a dual British national born in China, and the reality of the matter is that Chinese nationality laws are very clear in that they do not recognise dual nationality and therefore have not allowed us consular access to Mr Lai. We are therefore using our channels with the Chinese and Hong Kong authorities to continue to raise his case.