Harry Dunn

Emily Thornberry Excerpts

Monday 21st October 2019 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I thank the Foreign Secretary for advance sight of his statement.

First and foremost, our hearts go out to the family and friends of Harry Dunn, especially to his parents, Charlotte and Tim, and their partners, Bruce and Tracey. As the mother of a 20-year-old boy myself, I can only imagine the devastation they feel at Harry’s loss. But in their case, that loss is compounded by the complete lack of justice for their son, the complete lack of respect they were shown in their meetings not only with Donald Trump but, I am afraid, with the Foreign Secretary—with the family describing one meeting as a photo opportunity, and the meeting with the President as an attempted ambush—and, finally, by the complete lack of answers that they have had to even the most basic questions about why their son’s case was handled in the way it was and why Mrs Sacoolas has received the treatment that she has.

The Foreign Secretary’s statement today is welcome, in so far as it is a first attempt by the Government to set out a chain of events before Parliament, but it still leaves so many questions unanswered and so many facts unestablished. In the time I have today, I would like to work through those questions with the Foreign Secretary in chronological order.

Let me start by pressing the Foreign Secretary on the issue of immunity. He can correct me if I am wrong, but my understanding is that spouses and dependants enjoy diplomatic immunity by virtue of the protection enjoyed by the employee. But if, as he has just said, it was agreed between the UK and the US with respect to Croughton that the diplomatic immunity of employees was waived, can he explain the legal basis by which it still applies to spouses? He has talked today about it being an “exchange of notes”. Was it an exchange of notes or was it a memorandum of understanding, and could he please explain the difference? Why is there this anomaly? Was it done deliberately, and if so, what is the justification for that?

A second, related question is whether, if the United States has agreed to waive the full diplomatic immunity of Croughton employees under the Vienna convention, those employees are still entitled to the limited immunity provided under the Visiting Forces Act 1952. If so, surely the legal position should be that the spouse is entitled only to the same protection as the employee. In that case, based on Crown Prosecution Service guidance and previous precedent, the immunity would have applied only if Mrs Sacoolas had been driving from RAF Croughton to her home address, which is an impossibility given that her home address was RAF Croughton. The Foreign Secretary has been talking particularly about the Croughton annexe. Is that the same as RAF Croughton, does it apply to RAF Croughton as a whole, or is it a different area?

Finally on the question of immunity, if the protection enjoyed by spouses of Croughton employees is so clear-cut, why did it take the UK embassy three days to assert it in respect of Mrs Sacoolas? If she and other Croughton spouses do, as the Foreign Secretary said, enjoy full diplomatic immunity under the Vienna convention, why was Mrs Sacoolas’s name never placed on the diplomatic list? When the Foreign Secretary states that the US embassy notified us that the spouse of a member of RAF Croughton was involved in an accident, who is “us”? Is it the police, the Foreign Secretary and his private office, or some other part of the Foreign and Commonwealth Office?

Moving on to the aftermath of this tragedy, will the Foreign Secretary agree, in the interests of transparency, to publish all correspondence and records of all other communications and meetings between his Department, Northamptonshire police and the CPS, and between his Department and US officials, about the handling of this case subsequent to 27 August? It is particularly important to look in detail at what happened between 30 August, when the US asserted diplomatic immunity, and 15 September, when Mrs Sacoolas left, because, as I understand it, the FCO was told that she would leave the country imminently unless the UK raised strong objections. What strong objections did the UK raise, at what level, and by whom? Were assurances requested that she would not leave the country until the issue of immunity had been clarified, particularly given the memo of understanding—or the exchange of documents—as this seems to be extremely murky? What liaison was there between the FCO and Northants police prior to Mrs Sacoolas leaving, and did either the police or the FCO know that she would be leaving before she did so?

All these questions need to be answered. Did Mrs Sacoolas leave on a scheduled flight? Did she leave from Mildenhall? Had the ports been alerted pending resolution of her status? Will the Foreign Secretary explain why his Department asked Northamptonshire police to delay informing Harry Dunn’s family of the departure of Mrs Sacoolas for, to quote him, “a day or two”? Why did they not have the right to be told immediately? What possible legal, let alone ethical, basis was there for the Foreign Secretary to be interfering in operational police matters? Surely this family had the right to be informed straight away. Why, indeed, did it then take the Northamptonshire police 10 days to tell the family?

Given that the Foreign Secretary has made it clear that the supposed diplomatic immunity status granted to Mrs Sacoolas has ceased to apply since her return to the United States, while I am not asking him to intrude on the independent decisions of prosecuting authorities, can he say whether he has he been advised on whether there are any barriers to the CPS commencing extradition proceedings to return Mrs Sacoolas to the UK?

As the Foreign Secretary will know, tomorrow Harry Dunn’s family are due to meet the chief constable of Northamptonshire police. As I mentioned earlier, this brave family have already had one disappointing meeting in his office—and another in the Oval Office. In fact, may I ask a question in relation to that? Was the Foreign Office aware that the White House had summoned the family to the White House, let alone that the President was intending to ambush them with a meeting with Mrs Sacoolas? If so, did the Foreign Office think it appropriate not to give this vulnerable family some assistance? They have many legitimate questions, and they are not getting answers. Unfortunately, they have been led to believe that they will not get any answers from the chief constable of Northamptonshire tomorrow either, as it is his intention merely to offer them his personal condolences. That is not good enough. The time for condolences and sympathy is over. What Harry’s family need now are answers, the truth and some justice.

[Dominic Raab]

May I thank the right hon. Lady for the tenor of her opening remarks? I join her in expressing my deepest condolences to the family. I also agree with her that the natural grief that any parent would suffer as a result of losing their child has certainly been compounded by having to go through these legal and what will feel like bureaucratic obstacles. Equally, on our side, we have to ensure that justice is being done by adhering to the legal route; otherwise we impair the very objective that I think we are all seeking to achieve.

The right hon. Lady raises a number of issues. On the suggestion that there was an attempt at a photo opportunity, it had actually been requested by the representative of the family to bring media to the meeting that I hosted, and I declined because I thought it was inappropriate. I expressed my deepest condolences and sympathies to the family and made it clear when I met them that I would do anything that I could and that they should feel free to come back to me directly if there was any support that they felt they needed.

The right hon. Lady asks about the difference between an exchange of notes and a memorandum of understanding. The exchange of notes and exchange of letters under international law is not decisive; what matters is the tenor of the language. However, they effectively implement administrative arrangements under the Vienna convention of diplomatic relations, so they would be of similar status to an MOU.

The right hon. Lady asks about the anomaly that spouses were not covered by the waiver arrangements. I agree that that is an anomaly. That is why I have instituted a review. Since 1995, we have not seen—certainly, having looked very carefully at this, I am not aware of—any case that has tested them. Therefore, this is probably the first time that the anomaly has come to light, certainly to me, but also, given that they have not really been implemented or tested in this way, more generally to the Foreign Office. The exchange of notes covered the technical and administrative employees at the Croughton annexe—which was the subject of another of her questions—whereas the diplomatic list that she refers to applies to members of the US embassy.

The right hon. Lady asks what we knew at the point at which the individual left this country to go back home to the US. We were made aware, I think, a day or two before—I can check—and we registered our strong objections. The right hon. Lady suggested—this is very important—that there should have been checks at ports or that we should immediately have tipped off the police. It would have been unlawful to arrest the individual under the Vienna convention on diplomatic relations, so that would not have been, I think we can all agree, a responsible or productive thing to have done. Indeed, it would have been an illegal thing to do.

The right hon. Lady asks about the family’s visit to the US. We were aware of that visit. I was not aware of who Mrs Dunn would meet, but I did make it clear during our meeting that I would help with anything and gave her the direct line to my office. Indeed, we have contacts with the representative of the family, and no request was made to us for support when they went to the US, nor were we aware of the details of that trip.

The right hon. Lady asks about the delay in informing Harry Dunn’s family once Ms Sacoolas had left the country. As I said before, it was one or two days. The reason that we asked for a little bit of time—this request was not made by me, and I was not aware of it, but by my officials—was to make sure that we could be very clear on what the next course of action would be, and, indeed, precisely so that they could inform Ministers before the family were aware, because we were aware that there would immediately be questions coming back about what we would do next. There was a further delay from the police. I know that they have been very mindful of the sensitivities of the family at every stage, but ultimately that is, I am afraid, a question for them.

The right hon. Lady asks about barriers to justice being done. Ultimately, that must be for the CPS and the police to decide, and we are obviously in close contact with them, but I am currently aware of no barriers to justice in this case. At every stage during this process, I have been keen to ensure, as have my officials, that we can remove any obstacles to justice being done.

The right hon. Lady talked about the need for transparency, which I know she has made some remarks about in the media. In the same spirit, I point out that, while we have never had a case that has tested these arrangements since 1995—at least, as far as I am aware, and I have checked very carefully—the arrangements were reviewed in 2001. That review was an opportunity to address this issue. It was left unresolved, but the number of staff at the Croughton annexe was substantially increased. In fact, it doubled in size.

That is the full background to not only this case but the arrangements made for the Croughton annexe. I think that the whole House will join me in not only expressing our condolences but trying to ensure that, independently and in the correct way, the police and the CPS are free from political interference and any bureaucratic obstacles to see justice done. Having talked to the parents of Harry Dunn, I know that ultimately, that is the solace that they are looking for right now.