Points of Order

Baroness Laing of Elderslie Excerpts

Wednesday 10th January 2024 Commons Chamber

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

On a point of order, Madam Deputy Speaker. Jagtar Singh Johal, my constituent, is entering his seventh year in arbitrary detention in India. In that time, he, his family and I have lost count of the number of Foreign Secretaries who have run the Department. Having said that, in recent weeks I have never seen such an utter disregard for what is most likely the most important consular case on the Foreign Secretary’s desk.

Yesterday at the Foreign Affairs Committee, in response to my hon. Friend the Member for Argyll and Bute (Brendan O’Hara)—I have informed him that I would be mentioning him—the Foreign Secretary seemed to intimate a willingness to meet me and my constituents, the family of Jagtar Singh Johal. It is clear to me that, given his response, the Foreign Secretary may not have been aware of my letter dated 14 November 2023, which sought to have a meeting. To date, I have had no formal response, although unsurprisingly, before Prime Minister’s questions, the family and I had a holding response from the Department, which stated that

“replies…requesting a meeting with the Foreign Secretary are being processed”.

I have no doubt that after two months I may eventually get a formal response from the Foreign Secretary.

Given the nature of the case, which you have heard me raise on many occasions, Madam Deputy Speaker, and in which there may be a death penalty charge, you will understand that speed is of the essence. I am therefore looking for clarity on the following issues. Is it normal for a senior Minister of State to take so long to correspond with a Member of Parliament when time is critical? Do the conventions of this House extend to Ministers in the other place? Given that the Defence Secretary stated yesterday that

“the relationship between the UK and India is not transactional, instead both countries are natural partners with many commonalities and shared goals”,

what confidence can I and other Members of Parliament have that the Government will represent our constituents held in India equally in comparison with others? Finally, given that the Foreign Secretary seems to have intimated that it is no longer their intention to attend the Foreign Affairs Committee every six weeks, as was stated to the House, will Mr Speaker demand that the Foreign Secretary be brought to the Floor of the House to answer questions from Members of the House of Commons?

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the hon. Gentleman for his point of order. As he says, we have all heard him raise this matter many times. I appreciate the urgency of Mr Jagtar Singh Johal’s situation, given that the death penalty is a possibility. The hon. Gentleman raises some important points that are indeed points for the Chair. I can answer one question quickly and simply: Mr Speaker has said many times that he expects Ministers to answer correspondence from Members of Parliament in a timely fashion. For the hon. Gentleman to have gone two months without acknowledgment of, or answer to, his letter is clearly not acceptable.

The hon. Gentleman asks about the accountability of a Minister who is not a Member of this House. That is a rather more difficult situation. He asks whether Mr Speaker can in some way summon the Foreign Secretary to this House. Under current regulations, no, he cannot, but it is normal for Ministers who are Members of the House of Lords to find different ways to demonstrate their accountability to the elected representatives of the people. Of course, questions can be asked in the other place, but that is not at all the same as a question being asked on behalf of a constituent by their Member of Parliament.

The hon. Gentleman mentions the Foreign Affairs Committee. It was my understanding that the Foreign Secretary had undertaken to appear regularly before that Committee; that would certainly be a way in which ministerial accountability could be demonstrated and undertaken. The exact status of the situation, I cannot answer for. It is not a matter for the Chair, but the hon. Gentleman has rightly raised important points. I know that Mr Speaker will be concerned about accountability, which is a matter for the Chair. I will ensure that he is aware of the points that the hon. Gentleman has raised, and I am certain that those on the Treasury Bench will convey to Foreign Office Ministers the concerns that have been expressed.

[Sir David Davis (Haltemprice and Howden) (Con)]

Further to that point of order, Madam Deputy Speaker. I, too, have campaigned on behalf of Mr Johal, and I, too, have been dissatisfied with the response of the Foreign Office—over years, not just over the last few weeks. In conveying the concerns of the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) to Mr Speaker, would you also say that they are not confined to him, or indeed to the SNP? They are felt across the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the right hon. Gentleman for clarifying the situation. It is obvious that the entire House is concerned about this matter, and about the general matter of accountability. I will ensure that Mr Speaker is aware of that.

[Martin Docherty-Hughes]

Further to that point of order, Madam Deputy Speaker. Thank you very much for your response to my initial point of order. You raised the fact that it is not yet possible to bring the Foreign Secretary to the Floor of the House. Would a change to Standing Orders allow the Speaker to bring the Foreign Secretary to this elected Chamber to be held accountable?

[Madam Deputy Speaker (Dame Eleanor Laing)]

I understand the point that the hon. Gentleman is making, which I know is of some concern. It is not entirely a matter for the Chair, but I understand that the Procedure Committee is considering the whole position of the accountability of Ministers who are Members of the House of Lords. I am certain that the hon. Gentleman will make the Chair of the Procedure Committee aware of his concerns. I have every confidence that the right hon. Member for Haltemprice and Howden (Sir David Davis) will also do so, as will I.