British Nationals Detained Overseas

Debate between Lloyd Russell-Moyle and Marie Rimmer

Tuesday 5th September 2023 Westminster Hall

[Ms Rimmer]

I certainly agree with the hon. Gentleman’s comments. Mr Lai is accused of violating the new national security law in Hong Kong. Leaving aside our Government’s failure to properly hold China to account for reneging on the Sino-British joint declaration, there is still a duty to protect British nationals. Mr Lai awaits trial this month, yet the Chinese Communist authorities are trying to block his attempt to hire a British defence lawyer.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My hon. Friend raises an important point about people’s access to justice and consular services when detained illegitimately or even legitimately. Other countries require a minimum level of support from their Foreign Offices and consular services, including the provision of approved lawyers. That would mean lawyers approved in other countries but certified by Britain. Is that something that we should consider doing in order to ensure that our consular services are protecting our nationals wherever they are?

[Ms Rimmer]

I agree with my hon. Friend; of course we should be doing that. It is about justice, not rigged justice.

The use of foreign lawyers by both prosecution and defence is a long-established tradition in Hong Kong. Only last month, the Foreign Secretary met the Chinese Vice-President, Mr Han, known as the architect of China’s crackdown in Hong Kong. The Foreign Secretary raised the case of Mr Lai, but did not go far enough. It is British values that are on trial: the values of freedom and democracy, which we signed a treaty to uphold. The Prime Minister should raise this with the Chinese regime at the highest possible level.

Cases of British citizens being detained abroad are not limited to the middle east and Asia. In 2021, Mr Nnamdi Kanu, a British citizen, was abducted by Nigerian security forces in Nairobi, Kenya. Since his detention, he has been subjected to torture and many other unpleasantries. A United Nations Human Rights Council report released a damning assessment of the Nigerian Government’s treatment and called for his immediate release.

My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) has worked tirelessly on behalf of Mr Kanu and is urging the Foreign Secretary to do more to secure his release. Nigeria is a Commonwealth nation that receives tens of millions in UK aid; it is one of the biggest beneficiaries. As part of that aid support, there must be a commitment to human rights and upholding the right to a fair trial. Mr Kanu must be given access to a fair and due process. A British citizen travelling on a British passport should not be kidnapped in a third country and dragged to a Nigerian prison. The Government need to get much tougher.

Another case I will raise is that of Alaa Abd-El Fattah, a British-Egyptian activist who was detained in Egypt. Once again, he has been detained and denied fair and due process. He even took to hunger strike in prison to protest against his treatment. The Egyptian authorities also denied his British citizenship and refused British consular support. Our Government need to insist that Mr Abd-El Fattah gets that assistance.

Only this week, the Foreign Office was told by the parliamentary ombudsman to make a formal apology to Matthew Hedges, who was accused of spying and tortured in the United Arab Emirates. The Foreign Office failed to do its duty to Mr Hedges, a British citizen being tortured by a country we consider one of our closest allies in the region. The chief executive of the ombudsman’s office, Rebecca Hilsenrath, described Mr Hedges’ experience as a “nightmare” that was

“made even worse by being failed by the British Government.”

Quite frankly, that is not good enough, and it calls into question whether the current guidelines need reviewing.

The cases that I have raised are examples. There are many others that I could have gone into, and I am sure that other colleagues present may well do so. I appreciate that these cases are often complex and no country is the same when it comes to Foreign Office engagement. However, there is much more we can do, especially with countries that we financially support. We can also work with our allies to take a much tougher stance on state hostage taking in countries such as Iran.

Many British citizens detained abroad do not even get the necessary consular assistance. That is why Labour is looking to introduce a legal right to consular assistance, which I am sure that the shadow Minister, my hon. Friend the Member for Hornsey and Wood Green (Catherine West), will go into in further detail. Consular support to British citizens must be a given. After all, it is the first duty of Government to look after their citizens.