Human Rights: Consular Services

Christine Jardine Excerpts

Tuesday 16th April 2024 Westminster Hall

[Christine Jardine (Edinburgh West) (LD)]

I beg to move,

That this House has considered consular services for cases involving human rights.

It is a pleasure to serve under your chairmanship, Dame Caroline. As many other Members probably do, I have a wee blue laminated badge that says “Free Nazanin”. It was given to me by Nazanin Zaghari-Ratcliffe’s husband Richard the first time I met him, during his hunger strike outside the Iranian embassy in London. I keep it in the corner of a mirror in my flat. Originally, it was a daily reminder of Nazanin and the emotional torture that she and her family were being put through. Now, I keep it as a reminder of those who are still enduring imprisonment abroad and having to fight for the right to fair representation and fair trial, which in this country we take for granted.

Jagtar Singh Johal has been arrested and held without trial in India for seven years—seven years in which the Indian Government have presented no evidence to link him to any crime. There have been claims of his having to sign a false confession under torture. Ryan Cornelius was arrested in 2008 and convicted of fraud in the United Arab Emirates. After completing his sentence, he now faces a 20-year extension, decided behind closed doors without legal representation. British-Russian journalist Vladimir Kara-Murza, for his criticism of the regime of Vladimir Putin, was given the longest prison sentence for political activity in Russia since the fall of the Soviet Union: 25 years, in one of the country’s harshest prisons.

How can that happen, we ask ourselves? How can it be that British nationals can find themselves without legal representation or recourse to support? It was only in a recent conversation with Richard Ratcliffe that I realised the lengths to which he had to go to ensure that Nazanin got representation. As it stands, there is no legal guarantee that any British citizen will have the right to assistance from the consulate in the country where they are held. There is no process, threshold or mechanism. In other countries, there is: in the United States there is a statutory requirement for the State Department and the President to advocate on behalf of US nationals who are wrongfully detained. They must also endeavour to provide support and resources for the detainee’s family, whose advocacy can be crucial in securing release, as we know from the case of Richard and Nazanin Zaghari-Ratcliffe.

Yes, support can be provided, and sometimes it is, but the problem is that that is at the discretion of the consulate. Although the UK ratified the Vienna convention through the Consular Relations Act 1968, so much of it relies on diplomacy, good faith and international relationships—discretion. Surely that is not enough. It is not enough that if any of our constituents find themselves detained abroad, they will have no guarantee that their Government will protect them and their wellbeing, and that the right to protest their innocence or transfer home to this country will be dependent on diplomatic niceties and international relationships.

Too often, the fair treatment or the eventual release of British citizens detained abroad depends on publicity, on campaigns by the family and on the support and hard work of their MP. Many of us have direct experience of offering such support to our constituents. In my previous career as a journalist, I covered the case of a schoolteacher from the north-east of Scotland whose release from jail in Thailand was secured by the then MP for Gordon, my noble Friend Lord Bruce of Bennachie —it is a long-standing issue. I have already mentioned the efforts on behalf of Nazanin Zaghari-Ratcliffe, many of which were made by the hon. Member for Hampstead and Kilburn (Tulip Siddiq). The hon. Member for West Dunbartonshire (Martin Docherty-Hughes) has worked on behalf of Jagtar Singh Johal; the hon. Member for Livingston (Hannah Bardell) does a power of work as the chair of the all-party parliamentary group on deaths abroad, consular services and assistance. But the people they have represented are just a tiny fraction of those affected, and the problem is growing.

Just last year, a Foreign Affairs Committee report recognised the scale of the problem. It is a problem that the Government are familiar with, not just through the high-profile cases that I mentioned earlier, but through the 5,000 new cases of British citizens arrested or detained abroad that the Foreign Office estimated in 2022 that it can deal with annually.

[Hannah Bardell (Livingston) (SNP)]

The hon. Lady is making an incredibly powerful and well-informed speech; I congratulate her on bringing the issue to Westminster Hall. Is she aware that 10 years ago the Foreign Affairs Committee produced a report on consular assistance that said that the level of support did not meet public expectation and that there were huge gaps? Does she think that things have changed since then?

[Christine Jardine]

Unfortunately, if things have changed they have got worse. The public have become disillusioned, in a way, and are beginning to think that nothing will ever be done to improve the situation. Everyone who is affected is currently dependent on discretion as to whether their human rights will be protected in the way that we might all expect, and that the public have a right to expect whenever they go abroad. The responsibility falls on families to lobby MPs, the media and even the public to raise awareness of cases and ensure support.

It is vital to stress that none of what I am saying is meant as a criticism of existing consular services—quite the opposite. I hope that we can put on the record our support for the hard work that our consular staff do across the world. We also need to push the Government to recognise that more needs to be done. I believe that it is necessary to strengthen the powers and responsibilities of embassies and consulates around the world to help those in need and provide an automatic response. The fact that that does not exist just now means that the response of the authorities, if it happens at all, is slower than it would ideally be.

We need to overcome the inconsistent level of support across the globe by establishing a clear process to be followed. To that end, my private Member’s Bill—the Consular Assistance Bill, which is due a Second Reading on 26 April—would impose a new obligation on UK Government Ministers to inform consular officials if they have reasonable grounds to believe that there is a risk of a British citizen suffering an abuse of their human rights. It would have to be investigated, and consulates would have to inform the Government and relevant authorities. The person detained would be protected and would then be subject to more intensive and comprehensive investigations by the consulate, which would then have to inform the heads of mission and Ministers of any developments. Visits, discussions or deteriorations in circumstances would also have to be reported. Family or designated persons would have to be informed.

There would also be enhanced responsibilities towards detainees. It would be the duty of the consulate to take reasonable steps to secure the safety and support of the person detained, with visits, food, water, reading and writing materials and, if necessary, medical supplies. Is it not astonishing to be discussing even the possibility that any British citizen detained abroad would not have those things?

For the most serious cases, the consulate would have to ensure access to the correct legal advice and support. We should not forget that in some cases individuals may be the hostage of another state, may have been detained arbitrarily or may even face a possible death sentence. It should be the Secretary of State’s responsibility to bring forward the processes that I have mentioned.

I stress again that none of this is meant as a criticism of existing consular services. Quite the opposite: I would like to give consular services the tools to protect British citizens in the way that we and they would surely wish. To that end, I would like to assure the Government of what I am not suggesting. I am not suggesting giving a blanket right to consular assistance in all cases, nor am I suggesting forcing the UK Government to act in every case. My suggestion is specifically to improve the responses for British citizens in extreme or severe cases in which their human rights are at risk or denied. For routine cases such as the loss of a passport or other minor issues, the provision of services will, I hope, remain at the discretion of the consulate.

Of course there is a balance to be struck between personal responsibility and Government support in extreme circumstances, but human rights abuses such as arbitrary detention, torture and inhumane treatment need to be addressed specifically. We should not forget the cases of those who are in detention across the globe just now. I would like to mention the work that Richard Ratcliffe has done to draw attention to the issue—he opened my eyes to what is needed—and the work of charities such as Redress. Their concern, like mine and many other people’s, is to ensure that citizens have the assurance that they deserve: that in the most extreme cases and in the most desperate circumstances in which they might find themselves abroad, their Government will be there for them.

--- Later in debate ---

[Christine Jardine]

I thank everybody who has taken part in the debate for making such a concerted and powerful case for change. I fully appreciate what the Minister says about the good work that our embassies and consular services do every day across the world, but it is clear from what right hon. and hon. Members said that more needs to be done. The public in this country need reassurance that if something goes wrong when they are abroad, they will get the help and support they need. I thank the hon. Member for Cardiff North (Anna McMorrin) for informing us that a new Labour Government would take a different approach and would improve the situation. We will hold her to that if there is a new Labour Government later this year or next year.

I would like the Minister to take this point away and consider it: it is time for change. As the hon. Member for Livingston (Hannah Bardell) said, it has been more than 10 years since the Foreign Affairs Committee report that said that the public expect better than they get at the moment. If we do that, perhaps we can be confident that the service will live up to the promise in our passports of support, help, passage, safety and security wherever we go in the world.

Question put and agreed to.

Resolved,

That this House has considered consular services for cases involving human rights.