Abduction of Lydia Hunt

Debate between Jeremy Browne and Jeremy Corbyn

Tuesday 20th December 2011 Commons Chamber

[The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)]

It is a pleasure to serve under your chairmanship for the final debate of 2011, Mr Speaker. I congratulate the right hon. Member for East Ham (Stephen Timms) on securing it, and I hope that my response will satisfy him on at least some of the questions he asked. He has pursued the case extremely diligently over an extended period, and of course he is always welcome to get in contact with the Foreign Office. I am very pleased that he and the hon. Member for Islington North (Jeremy Corbyn) have secured a meeting with the Mexican ambassador next month.

I am grateful to the right hon. Member for East Ham for raising the case of Lydia Hunt, who, as he said, was abducted by her mother and taken to Mexico in 2008. He has provided considerable support to Mr Hunt, and I appreciate his efforts to achieve progress for Mr Hunt in such difficult circumstances. As he is aware, I have personally followed Mr Hunt’s case with considerable interest and have every sympathy with him in his sad and difficult situation.

Before I comment specifically on the case of Lydia Hunt, I should like to provide a brief background to the wider issue of international parental child abduction. Unfortunately, there has been a considerable rise in reported cases over the past few years. The figure I have is that last year alone the Foreign Office’s child abduction section dealt with 643 active cases and saw a 10% increase in new cases on the previous year. I sympathise greatly with parents who face difficulties in working through unfamiliar systems, cultures and languages.

The British Government therefore strongly encourage other countries to sign The Hague convention. We regularly lobby on the issue at ministerial level and consider the convention to be the most effective route to return children abducted from their usual place of residence. In general, cases of child abduction are more likely to be resolved promptly when they occur between countries that operate the convention.

I can understand the immense frustration and distress that Mr Hunt must feel at still having no resolution to his case, despite his having submitted a Hague convention application for Lydia’s return in 2008. That might seem inconsistent with Mexico’s signing an agreed international framework for the prompt return of abducted children, but it is worth bringing to the House’s attention the fact that The Hague convention provides for a country to operate it within the guidelines of its own domestic legislation. How the convention is applied varies from country to country, and in Mexico it is not uncommon for the legal process to be lengthy, perhaps lengthier even than we are used to here in Britain.

I am grateful to the right hon. Gentleman for his acknowledgment that as Mexico is a sovereign state the British Government cannot interfere in its legal system, just as we would not expect the Mexican authorities to interfere in courts in this country.

[Jeremy Corbyn]

Mexico is obviously a signatory to The Hague convention, and it is up to the federal Government of Mexico to adhere to it. From the points that the Minister and my right hon. Friend the Member for East Ham (Stephen Timms) have made, it appears that the Government are hiding behind the state laws in San Luis Potosi as a way of avoiding implementing the arrest warrant, which is what the convention requires of Mexico.

[Mr Browne]

We expect signatories to The Hague convention to operate within it, but we accept that it permits a degree of flexibility because different countries apply the law in different ways. That does not exempt them from their obligations, and we continue to make that point to the Mexican authorities.

In answer to one of the right hon. Member for East Ham’s questions, I can tell him that the British Government participate fully in meetings to review and enhance the operation of the 1980 Hague convention organised by The Hague Conference on Private International Law. I am pleased that he is in contact with my noble Friend Lord McNally, the Minister of State for Justice, who takes a direct interest in the process.

I turn to the specific case before us. I was very saddened to hear that Mr Hunt did not secure the result that he was hoping for when Lydia’s mother’s amparo was upheld in November. I was, however, pleased to hear that he has been given a date for a new Hague hearing in March 2012. I know that he will have concerns about the process, given the lengthy proceedings that he has already faced, so I encourage him to work with his lawyer to mitigate those concerns through the appropriate channels.

As well as the legal process, Mr Hunt is anxious for news of his daughter’s well-being. I can only imagine his worry and frustration at having no contact with Lydia for so long. This aspect of the case has been a priority for the FCO. We would like to be able to reassure Mr Hunt by conducting a consular visit to check on Lydia’s well-being, but, as the right hon. Gentleman is aware, we require the permission of Lydia’s mother to do so. We have persistently and regularly requested consular access to Lydia, but to date we have not received her mother’s permission. The UK Government have no enforcement powers in Mexico to force Lydia’s mother to allow us to see Lydia. Further, as we all sadly know, we do not yet have any indication of Lydia’s whereabouts. We will of course act on any new information related to Lydia’s whereabouts to continue to seek consular access to her, and this may be a point that the right hon. Gentleman could raise with the Mexican ambassador directly when he meets him next month.

We have discussed with Mr Hunt the arrest warrant for Lydia’s mother. I share his hope that the execution of the warrant will subsequently assist with locating Lydia. Our consular staff will continue to request updates from the Mexican authorities on the progress of this aspect of the case. Beyond this, we cannot involve ourselves in criminal proceedings and cannot assist in the search for Lydia’s mother, which is the responsibility of the Mexican authorities.

I am grateful for this opportunity to reassure Mr Hunt that we have done and will continue to do all that we can to support him and his daughter. We very much hope our extensive efforts will contribute to a positive outcome for him, but we are limited in the scope of our powers as we are operating in the jurisdiction of another sovereign country. We have provided Mr Hunt with consular assistance at every possible juncture and in every way we properly can, in line with our consular policy. The Mexican authorities are acutely aware of the case and I am satisfied that they are handling it in line with their judicial process. I am also confident that they will inform us as soon as they have any news. Britain has a strong bilateral relationship with Mexico and I hope that relationship will have a positive influence on the outcome of this case. It would be harder if we were dealing with a country with which Britain has difficult diplomatic relationships, but it is hard enough as it is, with a friendly country.

We have worked closely with the Mexican authorities successfully to return children to the UK this year under the convention. I would like to take this opportunity to express my gratitude for the way the Mexican authorities have acted swiftly upon the conclusion of the judicial process to resolve such complicated cases with a great deal of sensitivity and professionalism, and my hope is that the same will apply in this case.

Mr Hunt’s case, however, remains unresolved. I recognise the distress he must be feeling after more than three years of separation from his daughter. I hope it is clear that we continue to treat Mr Hunt’s case as a priority and are working to get a resolution. I have met the right hon. Gentleman and Mr Hunt to discuss the case, and I have spoken to or written to the Mexican Foreign Minister, Deputy Foreign Minister or Federal Attorney General about Mr Hunt’s case on eight separate occasions since July 2010. As the right hon. Gentleman is aware, the Foreign Secretary also raised it directly with his Mexican counterpart in June this year. Furthermore, our consular officials and ambassador continue to do all they can to raise Mr Hunt’s case with their Mexican counterparts. It was apparent during my visit to Mexico in October this year that our representations have ensured a high level of awareness of Mr Hunt’s case and our concerns. When I raised the case with Ministers, they were aware of it just on the basis of Mr Hunt’s name, even before I had the chance to go into any details.

Our efforts have not yet helped to produce the resolution Mr Hunt is looking for, but we will of course continue to raise his case where possible and appropriate. However, we should only do so if it is likely to help to resolve Mr Hunt’s case. I am therefore keen for us to remain in close contact with Mr Hunt’s lawyer and be guided by her on when any efforts by our consular staff and ambassador to engage with the Mexican authorities would be most effective for the case. Our ambition is a successful resolution; we have no other ambitions beyond that in this case.

In closing, I would like to thank the right hon. Gentleman again for raising this difficult case and to recognise the diligence with which he has pursued it on behalf of his constituent. I can assure him that we will continue to do all that we properly can to support Mr Hunt. However, I would remind the right hon. Gentleman that, in essence, this is a legal matter in Mexico, although I sincerely hope that Mr Hunt receives some positive news soon. Being out of contact with one’s child must cause unimaginable stress. I strongly support Mr Hunt in his case and in any legitimate course of action that he feels will help him to be reunited with his daughter.

On that note—that sad note, I am afraid—let me say that it is a privilege for me to finish the proceedings in the House of Commons this year. I wish you, Mr Speaker, and all your staff a happy Christmas.