UK Nationals Imprisoned Abroad

Debate between Mark Durkan and Laurence Robertson

Tuesday 20th December 2016 Westminster Hall

[Mark Durkan (Foyle) (SDLP)]

It is an honour to serve—in haste—under your chairmanship, Mr Flello. I congratulate the right hon. Member for Carshalton and Wallington (Tom Brake) on securing this important debate, which allows us to mention a number of cases. We have heard about the case of Nazanin Zaghari-Ratcliffe. We need her release, but also, pending that, we need proper access for her family. The case of Kamal Foroughi, which was described strongly by the hon. Member for Strangford (Jim Shannon), is similar.

Like others, I will concentrate particularly on the case of Andy Tsege. I met his family initially after, as an officer of the all-party parliamentary group on human rights, I was made aware of his case by the right hon. Member for Islington North (Jeremy Corbyn), who was also an officer and ensured that the group took up his constituent’s case, which he had been following. Obviously, since the right hon. Gentleman’s elevation to Leader of the Opposition, he is more constricted in what he can do and say in proceedings such as this, but I note his attendance for a large part of the debate, as I am sure have Andy Tsege’s family.

Let us be clear: we are talking in this case about a series of instances in which someone has been treated appallingly. Andy Tsege was tried in absentia, which is a scandal in itself. He was then sentenced to death, which is also a scandal and should be cause for alarm given the UK’s diplomatic stance. He was then rendered in a gross way from a third country and imprisoned in Ethiopia, where he has been tortured and mistreated. Let us remember that the anti-terror proclamation under which he was sentenced was not introduced until a month after his trial in absentia began in June 2009. Every stage of this case stinks. We must remember that Andy Tsege is a dual national, and the trial in absentia happened while he was here in the UK with his family.

We have been told in numerous parliamentary answers that Andy Tsege’s case is a priority for the Foreign and Commonwealth Office, but can the Minister tell us what less the FCO could have done had this case not been a priority? Thankfully, there have been a number of visits, but none of them has taken place free of the presence of the Ethiopian authorities. The FCO is also involved in the constant circular offer of legal assistance. As the right hon. Member for Carshalton and Wallington said in introducing the debate, the fact is that Andy is not a criminal; he is the victim of a series of crimes. The Government should not collude in the fiction that there is a legal process or that there are recognisable charges against this UK citizen.

[Mr Laurence Robertson]

I am certainly not taking sides with the Ethiopian Government on this issue, but I am afraid that the hon. Gentleman is using somewhat excessive language. The British Government have not been complicit at all. They have been active on the case for two years that I know of. Perhaps he might want to reconsider. He is normally much more reasonable than that.

[Mark Durkan]

If the hon. Gentleman checks, he will see that I said that the Government are constantly referring to legal advice and legal assistance, in circumstances where there is no process. We have already heard that there is no right of appeal for Andy Tsege, and that he was tried in absentia. What I said was that the Government’s line about legal advice colludes with the fiction that there is a legal process with recognisable charges. I did not imply any other degree of complicity, and I did not actually use the word to which the hon. Gentleman refers. I know that he chairs the all-party parliamentary group on Ethiopia and Djibouti; it would have been interesting if he could have offered some alternative narrative from the Ethiopian authorities. As I understand it, the FCO has neither been given one nor referred to one, although the Minister might correct me on that when he replies.

Northern Ireland (Miscellaneous Provisions) Bill

Debate between Mark Durkan and Laurence Robertson

Tuesday 9th July 2013 Commons Chamber

[Mark Durkan]

The right hon. Gentleman raises a point that throws up the conundrum that, although we are trying to legislate for Northern Ireland in broad conformity with UK legislation as it is applied for parties here, because of the circumstances in Northern Ireland, the exception is to allow donations from the south. Then there is the discrepancy in the donations rules for people in the south, whereby they can donate under one set of rules to parties in the south and under another set to parties in the north. Perhaps there is a case for saying that we should try to arrive at some conformity on donations across the island of Ireland, or that donations from the south of Ireland should conform to the southern Irish rules as well. I do not have a problem with trying to finesse some of these issues so that we are not left with too many obvious conundrums. However, the answer to the question that the right hon. Member for Belfast North (Mr Dodds) has asked is not provided by amendment 6. It is not the answer to his very valid, pertinent and relevant question about the different standards for people from the south contributing donations.

I made the point on Second Reading that there were many people in the south who were originally from the north, or perhaps from this island, who had a valid and benevolent interest in the affairs of the north and who continued to make a contribution there, often through membership of public bodies. I also made the point that not all of them had been appointed to such bodies by nationalist Ministers. If such people are seen to have a valid role and to make a credible input in the best interests of Northern Ireland by way of a public appointment, I do not see why they should be precluded from doing so by way of donations to political parties.

[Mr Laurence Robertson]

It is a pleasure to follow all the right hon. and hon. Members who have spoken so far. I intend to make only a brief contribution to the debate, as many of the points have already been raised. I note that amendment 2, tabled by my hon. Friend the Member for Amber Valley (Nigel Mills), uses the word “may”, rather than “shall”, which is in keeping with the rest of the clause that he is seeking to amend. The Select Committee feels that we should move forward in this respect, and that we should try to normalise politics in Northern Ireland. I know that that was the ambition of the previous Secretary of State and the previous Minister, and it is fair to say that it is also the ambition of the current holders of those positions. It has been our guiding principle. Each and every political party that the Committee spoke to during the course of the inquiry approved of moving towards greater transparency.

Everyone on the Committee, myself included, recognises that there is a different security situation in Northern Ireland. The Committee has had a sufficient number of meetings, and paid a sufficient number of visits to Northern Ireland, to understand that fact. Further to my earlier intervention on the right hon. Member for Belfast North (Mr Dodds), a question that has frequently been asked is: why should the arrangements be different for donors and for those who participate in the elections? The right hon. Gentleman gave an explanation for why people might want to be donors but not candidates, and I understand that, but I am still not clear why a donor should be at greater risk or under a greater threat than someone who is standing for office for a political party. I would have thought that it was the other way round. People who support a candidate, largely by signing nomination papers, would surely expose themselves to the same risk.

It has been pointed out that if a business makes a donation, it could put them at a commercial disadvantage, but it is up to the business to make that decision. There is a Co-operative store close to my office in Tewkesbury. The Co-op has supported the Labour party for many years, and I have to make the decision whether to go and buy a carton of milk and a newspaper from that shop. It happens to be close to my office and very convenient, so I do that. I do not think that businesses should be able to hide behind the argument of a security risk in order to protect their business interests. If they make a donation to a particular party in Northern Ireland or elsewhere in Great Britain, they should take that commercial risk. That should be part of the normal run of politics.

I am somewhat intrigued by the substantive clause inasmuch as it allows the Secretary of State to increase transparency, but does not allow her to reduce it. Having looked very closely at the provisions, I am still slightly confused on this point. If the Secretary of State increases transparency, can she reduce it at some later date? In other words, she cannot reduce transparency from where it stands now, but can she reduce it if she has increased it in the future?

I make that point because if she cannot reduce it, where have we got to? What would be the difference from what my hon. Friend the Member for Amber Valley proposes? Let us say that the Secretary of State increases transparency, but in the year after that, the security situation—heaven forbid—got worse, so that she had to come back to introduce primary legislation to change that position. In those circumstances, I do not really see what would be any different from my hon. Friend’s proposal.

The Select Committee and I would certainly be against the publication of any information retrospectively when donors have made donations in the belief that that would not be the case. I am slightly concerned about the wording in clause 1, however, which it states:

“Such information may be disclosed if the Commission believe, on reasonable grounds, that…the relevant person has consented”.

We tried to strengthen that provision, saying that there had to be evidence that the person had consented. The Government response was that if they adopted our proposal, it would create an absolute offence and a mistake could be made. I am not completely persuaded by that argument. I think that the clause does need strengthening to ensure that a mistake cannot be made in this respect and that there has to be a clear indication from the person or organisation that made the donation that permission has been given for any such disclosure. I thus seek clarification from the Minister on those points.