Detained British Nationals Abroad

Judith Cummins Excerpts

Thursday 5th December 2024 Commons Chamber

[Douglas McAllister (West Dunbartonshire) (Lab)]

Thank you, Madam Deputy Speaker, for the opportunity to speak in this Backbench Business debate on detained British nationals abroad. I commend the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing it, and for his relentless campaigning on the important cause of arbitrarily detained British nationals at risk of human rights abuse abroad. I thank the Backbench Business Committee for supporting his application.

This House should be concerned by the number of British nationals detained abroad and at risk. I wish to raise in particular the plight of my constituent from West Dunbartonshire, Jagtar Singh Johal, who has been detained in India for over seven years. I thank my hon. Friend the Member for Wolverhampton West (Warinder Juss) and the hon. Member for Strangford (Jim Shannon) for their contributions to the debate on his behalf. Jagtar is a British citizen from Dunbarton. A campaigner himself on human rights abuses in India, he was abducted and detained in November 2017. After his arrest, he was brutally tortured, and now faces, some seven years later, nine cases against him based on evidence obtained by false confession. Countless applications for his bail have been refused. After all these years, Jagtar remains not just in prison but in solitary confinement. His suffering is unimaginable, and his daily existence almost intolerable.

I am sure that this House will be concerned about Jagtar’s mental and physical wellbeing after being confined in such conditions, which is why the support that the British Government provide to their nationals in harrowing conditions, such as those that my constituent endures, is vital. Consular access and assistance is very often the only link between the individual and the outside world. That has proved to be the case for my constituent Jagtar Singh Johal. Consular access should have a legal framework, and not just be a discretionary offering. Changing the culture of the FCDO and providing families with certainty about what support their loved ones will receive as a matter of right is a necessity. We must introduce it. As far as my constituent Jagtar Singh Johal is concerned, and as my hon. Friend the Member for Wolverhampton West stated, the UN working group on arbitrary detention concluded over two and a half years ago in May 2022 that, under international law, Jagtar’s detention is arbitrary. Yet here we are, 2,589 days later. He remains in prison—unconvicted and in solitary confinement.

To add to that misery, Jagtar and his family must cope with the very real fear that he is at serious risk of a death sentence. At least two of the charges against Jagtar carry the death penalty. Former Governments’ responses have been inadequate, and successive UK Foreign Secretaries have failed to seek Jagtar’s release and repatriation to the UK. That is simply unacceptable and not good enough. The new Government and Foreign Secretary now have the opportunity to uphold the principled position that we took in opposition. I am encouraged by the progress and support that I have received from the Foreign Office, and the Foreign Secretary and his Ministers, who have provided me with regular updates and reports. I have also received assurances in this House, including from the Prime Minister, that Jagtar’s case was raised directly with the Indian Government and Prime Minister Modi. I am encouraged that the Government are seeking Jagtar’s immediate release.

Last month, around the time of seven-year anniversary of Jagtar’s detention, the Foreign Secretary met with me and my constituent Gurpreet Singh Johal, the brother of Jagtar, at the Foreign Office. The Foreign Secretary was extremely generous with his time. In fact, Jagtar’s brother commented in the media immediately after our meeting that he has met with five Foreign Secretaries and this is the first Foreign Secretary whom he felt had actually listened to him. I fully appreciate that other British nationals in similar circumstances across the world require a similar level of active support, and it should be consistent for all. That is why I commend the right hon. Member for Chingford and Woodford Green for securing today’s debate. I thank Reprieve for its outstanding assistance for my constituent, and its guidance to me since I was elected to this House in July. I call on the Indian Government to immediately release Jagtar Singh Johal, and ask that the FCDO continues to escalate its diplomatic representations with its relevant counterparts to establish Jagtar’s release and his immediate return home to my constituency of West Dunbartonshire and his family in Dunbarton. Help bring him home now.

[Madam Deputy Speaker (Judith Cummins)]

I call the Lib Dem spokesperson.

[Calum Miller (Bicester and Woodstock) (LD)]

I thank the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for leading today’s important debate, and the Backbench Business Committee for supporting it. When this House considers grave matters of war and armed conflict, Ministers often intone that the first duty of the state is the protection of its citizens, and they are right. That obligation to protect the physical security of its citizens does not stop at the borders of our nation. The British passport that permits us to travel to other countries contains a message from the Foreign Secretary in the name of His Majesty that requires others

“to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”

Yet today, Members have highlighted the cases of those to whom that request has not been granted. The Liberal Democrats stand with all British nationals who have been arbitrarily detained overseas, and with their families. We share the anger cited by the hon. Member for East Renfrewshire (Blair McDougall) at their detention. Our party is a steadfast supporter of the rule of law, and salutes the many brave individuals and campaigning organisations that fight tirelessly for democracy, political freedoms, freedom of expression and human rights in those countries where the regime shows no respect for those values. That is why, at the last election, our manifesto contained a commitment to enshrine in law a right for British nationals, including dual nationals, who have been politically detained or face other human rights violations abroad, to access UK consular services. We would be delighted if the Government took up that proposal, so will the Minister advise us when they will enact such a commitment?

I wish to build on the references made to a few cases by right hon. and hon. Members. Like the hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara), it was my privilege to meet the family of Alaa Abd el-Fattah last week. They described the despair that Alaa feels now that his detention has extended beyond the five-year sentence that he was handed in his sham trial. His remarkable mother, Laila Soueif, is now on the 67th day of her hunger strike to protest that Alaa has not been freed. She described to me the needs of her young grandson, Alaa’s son, Khaled, who lives in Brighton. It clearly breaks Laila’s heart that he has not seen his father for so long. I am sure that the whole House understands the anguish that Alaa’s family feel about his continued detention.

I know that Ministers have voiced the need for action in Alaa’s case. As the right hon. Member for Maldon (Sir John Whittingdale) mentioned, in opposition, the Foreign Secretary said in 2022 that there should be “serious diplomatic consequences” for Egypt if Alaa was not released. He also said that the UK’s £4 billion trade partnership with Egypt afforded the UK “tremendous leverage”. Last week, Laila and Alaa’s sisters met with the Foreign Secretary. They protested that, despite those statements in opposition, the UK-Egyptian diplomatic relationship is unchanged, and UK officials continue to negotiate further bilateral investment and trade deals with Egypt. On Saturday, Laila visited Alaa in prison. She updated him on her meeting with the Foreign Secretary, and Alaa said this to his mother:

“I had hope in David Lammy but I just can’t believe nothing is happening. If he was serious and had taken the steps he promised while in Opposition I would have been free today—but instead they just ignored my release date because there was zero pressure. Now I think either I will die in here, or if my mother dies, I will hold him to account.”

Three weeks ago, I met Sebastien Lai and the legal team supporting his father Jimmy Lai. As hon. and right hon. Members have set out, Jimmy is clearly a victim of politically motivated imprisonment. His staunch support of democracy and freedom of speech in Hong Kong is remarkable, yet the Chinese authorities have detained him for four years without trial, holding him in solitary confinement under the national security law. They have denied him access to consular support, placed him at health risk as a 76-year-old with a chronic condition, and denied him his right to practise religion. Last month, they restarted his trial after an 11-month hiatus. Sebastien is deeply worried that his father will die in prison.

The House also heard today from the hon. Members for Wolverhampton West (Warinder Juss), for Strangford (Jim Shannon) and for West Dunbartonshire (Douglas McAllister) about the detention of Jagtar Singh Johal in 2017. As they said, the findings of the UN working group on arbitrary detention in May 2022 upheld the views of his family that he had been detained without any legal basis and that his rights had been gravely violated.

Yesterday I met representatives of Amnesty International who wanted to be sure that the House would hear of the detention without trial of British citizen Mehran Raoof in Iran in October 2020. Mehran is one of many British nationals detained in Iran. In other cases, the families of those detained have asked that their relatives are not named. That is not a surprise given the reputation of the Iranian state for appalling human rights abuses in Iran and for extraterritorial threats to Iranians living overseas, including here in the UK. Tonight Nazanin Zaghari-Ratcliffe will give the 2024 Orwell lecture. The example of her imprisonment and detention, of the courage of her family and of the actions and inaction of successive Ministers should be a sobering reminder of what Iran is prepared to do to British nationals, whom it considers pawns in hostage diplomacy.

I am a newcomer to the House, but I know many Members who spoke today have been long-standing advocates in this place of the rights of those prisoners, and I pay tribute to them for their steadfast campaigning. Sadly, despite the continuous efforts of those parliamentarians, neither the previous Conservative Government nor this new Labour Government have succeeded in advancing the cases of those I have mentioned. Alaa has now spent over five years in continuous detention. Jimmy has now spent nearly four years in solitary confinement. Jagtar was arrested over seven years ago. Mehran was imprisoned over four years ago. The family and friends of detainees are calling on the Government to do more, and they are right to ask why more is not being done.

The Prime Minister or the Foreign Secretary may be raising the cases of those detainees, but the truth is that the countries holding them do not appear to be listening. I do appreciate the Government’s dilemma—after the previous Conservative Government did so much to erode the UK’s standing in the world, this Government have a weak starting point. I therefore understand the temptation to soft-pedal on awkward issues, but, as Members have said, that is the wrong strategy. I agree with the right hon. Member for Islington South and Finsbury (Emily Thornberry) that we need a more self-confident and consistent strategy to guide the Government’s approach when British nationals are arbitrarily detained overseas.

Let me set out five further steps that the Government can and should take. First, the Government should call for the immediate release of any detained British national or dual national who is arbitrarily detained. Secondly, the Government should insist on consular access to any British national and that UK officials attend trials. Thirdly, the Government should commit to raising the case in every ministerial interaction with that Government as part of a joined-up approach that does not treat human rights as one silo in the bilateral relationship. Fourthly, the Government should name the consequences of ignoring their requests for action and, following a suitable period to allow the detaining Government to act, should enforce those consequences against Governments and individuals, as Members have raised. Fifthly, the Government should implement the recommendations of the Foreign Affairs Committee and appoint an envoy or director for arbitrary detention, who would have the role of pursuing those cases and providing regular updates to the families of detainees on the steps the Government are taking to secure their release.

As the hon. Member for East Renfrewshire said, it is not enough for ambassadors and Ministers to increase the adjectives of disappointment as each month passes and as each polite request is ignored. Will the Minister commit today to taking those steps in every case of arbitrary detention? Diplomacy rests upon both parties having a clear understanding of the interests and needs of the other. As the Prime Minister said after meeting President Xi recently and briefly raising Jimmy Lai’s case, the UK should challenge China while being a “pragmatic and predictable partner”.

To take two specific examples, will the Government indicate to the Chinese Government that the Chancellor’s proposed trade and investment visit to Beijing will not go ahead until Jimmy Lai is released? Will the Government tell the Egyptian Government that unless consular access is granted to Alaa Abd el-Fattah, the FCDO’s travel advice will be altered to warn UK travellers to Egypt that it does not always recognise British nationals and therefore consular support cannot be guaranteed?

To travel under the protection of a UK passport must have meaning. It cannot be a polite request. Instead, the Government must put in place a strategy that restores what every passport states: that countries are required to assure UK citizens of free passage and necessary protection.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for securing this important and impactful debate. He speaks with such knowledge on the matter. I thank all other hon. and right hon. Members for their contributions.

Supporting British nationals abroad should rightly be a priority for the FCDO. Looking after the welfare of detainees in particular is a cornerstone of the excellent work done by our consular teams here and overseas. It is crucial that Ministers back our Foreign Office staff, detainees and families by providing leadership at the highest level and supporting them wherever possible. I witnessed some of that during my time as a Foreign Office Minister and, like many Members, I experienced it at a constituency level, seeing how the FCDO has helped with the return of a number of consular cases.

In our last full year in government in 2023, the consular team at the Foreign Office supported 21,000 British nationals around the world, including victims of crime and those who had been detained or hospitalised. We are clear that our citizens abroad must get access to the help they need when they need it.

I note that the Foreign Secretary confirmed last week that he hopes to announce an envoy who will deal with more complex detention cases. I gently say to the Government and the Minister that this must not become an excuse for outsourcing something that is the responsibility of Ministers. Detained British nationals will rightly expect Ministers to grip those issues and provide the political leadership that they and their families deserve. The Government also promised to introduce a new right to consular assistance in cases of human rights violations, which, disappointingly, was not forthcoming in the King’s Speech. I would be grateful if the Minister could update the House on the Government’s plans to bring forward that commitment.

There are a number of high-profile consular cases, some of which we have heard about today, that parliamentarians rightly continue to take a keen interest in seeing resolved. They include, among others, the cases of Jagtar Singh Johal, Alaa Abd el-Fattah, Ryan Cornelius and Jimmy Lai. We raised our concerns about Jagtar Singh Johal’s case, including his allegations of torture, with the Government of India on over 110 occasions. As Foreign Secretary, Lord Cameron of Chipping Norton personally met Mr Johal’s brother in Glasgow. We constantly raised Alaa Abd el-Fattah’s case with the highest levels of the Egyptian Government and pressed hard for urgent consular access. We remain deeply concerned about his case and are absolutely clear that he needs to be released.

When in government, we also regularly raised consular matters with the United Arab Emirates authorities, including Ryan Cornelius’s case, at an official and ministerial level, and consular staff were in regular contact with Mr Cornelius and his family to provide him with ongoing support.

We called strongly for the release of Jimmy Lai, for an end to his politically motivated trial, and for consular access. We raised that consistently at the very highest levels, and pressed for the repeal of Hong Kong’s national security legislation. The shadow Foreign Secretary, my right hon. Friend the Member for Witham (Priti Patel), recently met Mr Lai’s son, Sebastien. We will continue to call for Mr Lai’s release. In the light of the deep concern shared across the House, some of which we have heard today, I would be grateful if the Minister provided an update on the Government’s work with international counterparts to progress those cases, and on his recent engagement with those individuals’ families.

In respect of Jimmy Lai’s case in particular, I return to a theme that I have raised from the Dispatch Box before: the Government’s pursuit of closer relations with Beijing. There is no shying away from the fact that the charge laid against Mr Lai arose because of the national security law that China introduced in Hong Kong. When he was Foreign Secretary, Lord Cameron of Chipping Norton was unequivocal that that law is a clear breach of the Sino-British joint declaration, and we continue to call for its repeal. The Foreign Secretary has said that there are disagreements between his Government and the Chinese on that matter, so I hope that the Minister will assure the House that the Government will articulate those differences in opinion loud and clear by making an explicit call for that law to be repealed. The Foreign Secretary wants to avoid surprises with Beijing, but we cannot afford for any reset of relations to be all give and no take just for the sake of avoiding difficult conversations.

More broadly, we must be clear-eyed that the autocratic world uses dual-nationals as pawns to achieve its objectives and obtain leverage. Indeed, we have seen a disturbing pattern of British nationals being imprisoned by autocracies in recent years. We saw that in Russia with the appalling treatment of Vladimir Kara-Murza, and in Iran with the callous and cowardly execution of Alireza Akbari. Does the Minister have a strategy for countering that pattern of cynical exploitation of British nationals?

I put on record our thanks to the consular teams in the UK, and in British embassies, high commissions and consulates around the world, for the work that they undertake around the clock, often in extremely difficult circumstances, to support thousands of British nationals every year. Many cases may not be as high profile as those that I and other right hon. and hon. Members have set out, but they are all equally important when it comes to safeguarding our interests and looking after our citizens. I would be grateful if the Minister outlined how he is backing our consular teams to ensure that they are properly resourced and can keep up their excellent work. We have a duty to British nationals at home and abroad, especially those who are denied access to vital support. It is right that we give consular services our full backing in delivering that support. To support that work, and to ensure that the UK upholds its duties to its citizens, the Government must provide political leadership by continuing to raise cases at the highest levels.

[Madam Deputy Speaker (Judith Cummins)]

I call the Minister.