(5 days, 21 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Rachel Gilmour (Tiverton and Minehead) (LD)
I beg to move,
That this House has considered the matter of international parental child abduction.
It is a privilege to make my remarks under your very capable stewardship, Dr Murrison. I understand that these issues are very sensitive and of huge human significance, so I feel privileged to be able to bring the eyes and ears of the House to them. I salute the left-behind parents, some of whom have joined us in the Gallery this afternoon, for their indefatigability and courage. I know that they will take little comfort in such words, but I must say them anyway. I think it important to emphasise the need not to prejudice ongoing legal proceedings, but as representatives of our constituents we feel a natural and proper inclination to advocate for them.
According to Reunite International, more than 500 children are abducted from the UK by a parent every year. Among the families that attended the most recent roundtable on this subject in Parliament, there was upwards of half a century in lost years—that is to say, lost contact with their children. The testimonies I have heard, although individually unique, paint a troubling, consistent picture of deliberate misleading, ill-fated recovery attempts and financial costs running into the millions. Many have travelled to foreign jurisdictions, time after time, in the hope of recovering their children. The human toll on both sides is staggering.
The Hague convention on the civil aspects of international child abduction provides the principal international framework governing these cases. Crucially, it mandates the expeditious handling of abduction proceedings, yet according to testimonies that I have received, months often elapse before the first substantive hearing, in a clear breach of the convention. Such delays risk the factual entrenchment of the abducted child in the new jurisdiction, entirely undermining the notional remedy of return. The convention exists precisely to prevent that outcome, but far too often it does not.
Several structural concerns recur across the cases that have been brought to me. The first is about the undermining of established jurisdictional findings. In one instance, the High Court here had already determined the child’s habitual residence to be in England. The Polish first instance court was aligned, ordering return. However, the appellate outcome reversed that position, despite there being no dispute as to the original wrongful removal and no clear finding that the article 13 threshold had clearly been met at the first instance. That raises a concern about consistency in applying Hague principles at an appellate level and about the degree to which appellate courts revisit or expand factual assessments beyond convention limits.
The second concern is about the creeping expansion of article 13(b) welfare arguments as a basis for refusing return. These provisions were always intended to be narrow exceptions, not an open door for wide-ranging allegations. Where such arguments are routinely entertained without proper substantiation, there is a considerable possibility that summary return proceedings will be converted into de facto welfare determinations, which is not what the convention intended.
The third concern is about the insufficient use of protective measures. In the case I mentioned, the UK had jurisdiction and capacity to implement protective measures upon return, with an active High Court framework available. These mechanisms should be taken seriously and fully operationalised. Failure to do so risks theoretical concerns hardening into grounds for non-return. The post-decision consequences of such outcomes are stark: the child remains outside the jurisdiction of the habitual residence, there is no effective restoration of the pre-removal status quo and contact arrangements remain limited and unresolved. That illustrates how delay, combined with appellate intervention, can effectively neutralise the convention remedy entirely.
I am, of course, conscious that not every parent who crosses a border with a child is a wrongful abductor in the conventional sense. There are genuine cases—we must be clear-eyed about this—in which a parent flees with a child from real, documented domestic abuse, and the law must be sensitive to that reality. Article 13(b) exists precisely for such circumstances. Where the threshold is genuinely met, it should of course be engaged.
The concern is not about the protection itself, but about its expansion and, at times, its misapplication. The difficulty is that the very features that make these cases so emotionally charged also render them susceptible to the weaponisation of abuse allegations as a litigation strategy. It is therefore incumbent on courts and authorities to apply rigorous scrutiny to such claims, neither dismissing them reflexively nor accepting them uncritically, so that the protection is reserved for those who genuinely need it rather than becoming the means by which the convention’s core remedy is routinely frustrated.
The Child Abduction Act 1984 does not provide for the occurrence of a criminal offence when a parent has consent to take a child out of the country but then fails to return them. That legal loophole became known as the Nicolaou problem, following a 2012 judicial review process. The Law Commission’s 2014 report identified this legal blind spot and recommended a change in the law. I am pleased to say that the Crime and Policing Bill, which completed its passage through Parliament late last night, will finally close that loophole. All abductions from the UK will now be criminal.
Based purely on the volume of human stories, Poland appears to be at the sharp end of these affairs. I must set out the record plainly as it stands. The European Commission launched infringement proceedings against Warsaw, and the European Court of Justice concluded that steps taken by the Poles to disrupt and ignore UK convention orders were in contravention of EU law. A financial penalty was imposed for such intransigence. I would very much welcome the Minister’s reflection on the status of the British Government’s support for the European Commission’s proceedings in relation to Poland’s infringements in this area.
The European Court of Human Rights found that although initial steps were timely, subsequent enforcement actions were marred by delays, ineffective procedures and a lack of co-ordination. Moreover, the court determined that authorities repeatedly relied on flawed or misleading information and failed to adjust their strategy when previous steps had failed. The failures were primarily attributable to the authorities, and not solely the abductors’ actions. It therefore held that there had been a violation of article 8 of the convention.
The bottom line is this: abductions to Poland often endure because of the incompetence, deliberate or otherwise, of the authorities. At the very least, the conduct of the Polish authorities has been marked by wilful negligence, if not a sinister concerted effort to frustrate enforcement orders. That speaks to practices that have seemingly been institutionalised. On listening to some of these stories, it is hard to shake a distinct impression of conspiracy—that the abducting parent is in co-ordination with the authorities, aided and abetted to evade enforcement.
Britain and Poland have a close bond. I think of the brave Polish pilots who fought with distinction, with British wings, in our country’s finest hour. In recent decades, many of Poland’s sons and daughters have made their home on these shores. They say that friends should be able to talk candidly, openly and earnestly with each other, even when it comes to uncomfortable discussions—in fact, especially when it comes to tricky home truths.
The Government line is that these issues are raised at every opportunity with Polish counterparts. I appreciate that this is a delicate diplomatic dance, but Poland’s famous intransigence on the issue has hardly been subtle. Beyond the diplomatic niceties, I would like to know what the response is when the question is put pointedly to Polish officials. When sincere representations are made at the highest level, they should not be met with prevarication.
There is much angst about how the current default position is to enforce the reciprocal enforcement of maintenance orders without any scrutiny at all. In practice, that can result in maintenance being enforced against a left-behind parent, even in cases in which there has been an abduction and an existing Hague return order. REMO case hearings are typically held abroad, without the involvement of the other parent and with no opportunity for defence. Amounts are often arbitrarily assigned, with no consideration given to affordability. To the best of my knowledge, REMO enforcement has been successfully challenged on only one occasion, and even then only on a technicality. For left-behind parents, it adds insult to profound injury that they are expected to fund the illegal abduction of their own children and are often forced to spend thousands of pounds pursuing appeals in UK courts against REMO enforcement.
This mechanism is problematic, for clear reasons. Hague convention return orders are effectively disregarded in financial enforcement proceedings. Left-behind parents may be required to pay backdated and ongoing maintenance. Worse still, the system risks inadvertently incentivising abduction, because it can have the perverse result of delivering a financial reward to the abducting parent. Surely any case in which there is a Hague convention return order should not qualify for maintenance payments of this kind. That should be enshrined in law here. I ask the Minister to help us understand what measures the Government can take to ensure the adequate protection of abduction victims against being penalised in this way when foreign courts reward abductors with high maintenance orders in unreasonable circumstances.
There is also understandable concern that Britain’s position outside the European Union may be influencing how such cases are handled in EU jurisdictions. There is a prevailing sense that the UK has been left out in the cold and perhaps even punished, and that other states have used the Brexit farrago as a smokescreen allowing them to turn a blind eye. Although the precise impact is unclear, it is a mood worth acknowledging as part of the broader context. Will the Minister reflect on that point?
I am told that the European Commission has a team actively working on these cases. Is there an argument for a dedicated taskforce within the Foreign, Commonwealth and Development Office? I absolutely understand the pressures under which our foreign service finds itself in these times of geopolitical turmoil, but I would welcome the Minister’s view on that point.
Much has been said recently about the fragility of international law. It is for countries with shared values that believe in the primacy of the rule of law and international treaties to make the case for it by practising it. I remind Warsaw that Poland was a signatory to the Hague convention too.
As I bring my remarks to an end, I ask the Minister to outline what support children and families who have been victims of abductions can access. Will he furnish us with the statistics on repatriation, specifically from Poland? If he does not have the figures to hand, will he commit to providing that information to me in writing?
I also ask, perhaps naively, whether sufficient consideration is given to the child’s perspective in these often highly fraught cases. The child’s voice is a good place to start and to return to throughout. Our role is not to litigate constituents’ cases in the Chamber, but to push the Government to ensure that our counterparts honour the decisions of our courts, call on them to fulfil their obligations under international law, and oversee the safe and timely return of abducted children back to the country whence they were taken. I implore the Government to bring to bear all the diplomatic power that we have on this matter, because British children, wherever they are sent or taken, deserve nothing less.
Rachel Gilmour
I thank the Minister for his inclusive and thorough response to some of the concerns raised today. I will certainly be writing to him on behalf of my constituent who is sitting behind me. I also thank the obviously doting father and grandpapa, the omnipresent hon. Member for Strangford (Jim Shannon), for his contribution—quite an imaginative one it was, too—and, as ever, my colleague, my hon. Friend the Member for Hazel Grove (Lisa Smart), who put the right, honourable and proper Liberal Democrat policy at the heart of her contribution. It was a real privilege to listen to the shadow Minister, the right hon. Member for Aldridge-Brownhills (Wendy Morton), who brings a great deal of experience and knowledge to the debate. As a new Member of Parliament, I have learned a lot from that. I thank her very much for her contribution.
Some Members might have heard a little noise going on behind me. The little noise is called Kit, and he is three months old. Kit is beautiful, articulate and vocal, but Kit too is a victim of child abduction, because Kit will never meet his half-brothers and sisters. What we have talked about in this debate can affect the oldest and the very youngest. That is why it is so important.
Question put and agreed to.
Resolved,
That this House has considered the matter of international parental child abduction.
(2 months ago)
Commons Chamber
Joe Robertson (Isle of Wight East) (Con)
Rachel Gilmour (Tiverton and Minehead) (LD)
Last week I visited Kyiv to mark the fourth anniversary of Putin’s brutal full-scale invasion of Ukraine. As well as meeting President Zelensky and his Ministers, I spoke to civilians, who have been targeted throughout the war, and I told them that Britain continues to stand in solidarity with Ukraine. Ukraine is fighting for its freedom and its future, and threats to its security are also threats to the security of Europe and the UK. That is why we stand with Ukraine.
Rachel Gilmour
I would like to declare that I returned from Ukraine last week—I was part of a cross-party delegation—and my entry in the Register of Members’ Financial Interests will be updated to reflect that.
The newspapers and the television are this week full of pictures of people hunkering in bunkers in the middle east, but it is worth remembering that the people of Ukraine have been doing that for the past four years. The Foreign Secretary will of course be aware of the close relationship between Moscow and Tehran. Russia continues to deploy Iranian-manufactured Shahed drones to terrorise Ukraine’s population. With the crisis in the middle east intensifying, will she set out how the Government now assess the implications of these recent developments for Russia’s war in Ukraine?
The hon. Member is right to point out that Iran has been a key enabler of Russia’s war in Ukraine by providing thousands of the Shahed-type drones used to inflict terror on the Ukrainian people, which are now being used to launch indiscriminate attacks across the middle east and the Gulf. That is why we are working with Ukrainian expertise to provide support for partners in the Gulf. We also recognise the importance of continuing to provide that support and working to develop that expertise with Ukraine. The Ukrainian people have shown remarkable resilience, and they have been underestimated for too long.
(5 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The hon. Gentleman has eloquently described the very real problem of what happens after diagnosis.
Sitting alongside the Government’s workforce plan, a new, modern service framework for neurological conditions would set clear, evidence-based objectives and standards for care delivery.
Alison Bennett (Mid Sussex) (LD)
It is a pleasure to serve under your chairship, Ms Lewell. I would like to begin by thanking the hon. Member for Colne Valley (Paul Davies) for securing this debate and for making such a well-articulated case for why more needs to be done to support people with Parkinson’s. I also thank him for mentioning the Big Sing, which brought to mind a brilliant event I went to in July: Picnic in the Park, hosted by the Parkinson’s UK Mid Sussex group. Their choir and their band were there, and we all had a brilliant singalong. I very much enjoyed it, and I pay tribute to the group for what it is doing—bringing people together and reducing isolation, both for those with Parkinson’s and their loved ones.
There are people like my constituent Sophie, whose mum Janet was diagnosed with Parkinson’s six years ago. Janet was active, spoke multiple languages and had an impressive career in business, but Sophie says that Parkinson’s has robbed Janet of much of who she is. Despite raising the loss of her sense of smell with her GP several times, as well as other symptoms such as increasingly small handwriting, it still took more than five years for Janet to get a diagnosis.
We know that Parkinson’s predominantly affects men, but much less is known or understood about Parkinson’s in women, including how symptoms might interact with menstrual cycles and the menopause. Sophie worries that the dismissive response Janet received when trying to get a diagnosis may be a very common experience for women across the board, and I think Sophie may be on to something here.
The e-petition bringing forward the Parky charter matters profoundly, and it makes a lot of sense. I will not spend time repeating many of the points that hon. Members have made in the past hour.
Rachel Gilmour
Does my hon. Friend agree that the challenges faced by those living with Parkinson’s are far from isolated, and that across neurological conditions such as Parkinson’s, multiple sclerosis, ME or chronic fatigue syndrome, there are calls for a joined-up neuro-optimal care pathway? A coherent national strategy is what is required.
Alison Bennett
My hon. Friend makes her point very well, and I agree with it.
Rather than repeat what other hon. Members have said, I will move to identifying the three or four main areas that the Liberal Democrats want to highlight, hopefully giving the Minister more time to address the many points that hon. Members have raised so far in the debate. Those issues are mental health, social care, work and medicines availability.
On mental health—and I think this is a critical point—nearly half of people with Parkinson’s experience anxiety or depression, and up to 60% will experience psychotic symptoms as the condition progresses. Yet mental health support remains inconsistent and inadequate generally, and specifically for people with Parkinson’s.
(6 months ago)
Commons ChamberOrder. I need the Foreign Secretary to help me here. Members are desperate to get their questions in, and the only way I can get them in is by speeding up. We have to get on with the Opposition day at some point.
Rachel Gilmour (Tiverton and Minehead) (LD)
I refer Members to my entry in the Register of Members’ Financial Interests. When I was in Ukraine last month I met senior Ukrainian figures, all of whom told me the same thing: they need more support from Europe to win this war. With that in mind, will the Foreign Secretary finally commit to seizing the £25 billion-worth of frozen Russian assets held in the UK and deploying them to Ukraine in its hour of need?
I absolutely agree that we need to get Ukraine every support that it needs. Our support is iron-clad, which is why we hosted the coalition of the willing on Thursday. Members will have heard the Foreign Secretary say that we are working closely with partners to ensure that Russia pays for the damage it has caused, and we will find the lawful and most effective ways to do that.
(7 months, 2 weeks ago)
Commons Chamber
Rachel Gilmour (Tiverton and Minehead) (LD)
I congratulate the right hon. Member for Goole and Pocklington (David Davis) on securing this debate. Like everyone in the Chamber, my thoughts are first and foremost with the victims of that dreadful man whose name I refuse to mention.
A week is a long time in politics. Last week, we saw the Prime Minister stand at the Dispatch Box to back, and then sack, the now former ambassador to the US. At Prime Minister’s questions last week, my party leader, my right hon. Friend the Member for Kingston and Surbiton (Ed Davey), questioned the Prime Minister on Lord Mandelson’s appointment. The Prime Minister stood by it, confirming that rigorous background checks had taken place.
This entire situation has left a nasty taste in the mouth, to put it mildly. The fact that the ambassador to the US—the most coveted ambassadorial position in the United Kingdom by many metrics—was seemingly okay with the moral turpitude of the man whose name I will not mention, even after his conviction, casts a long shadow on Britain’s place in the world. The timing and nature of this episode—not that it could ever be anything other than terrible—is catastrophically bad. The optics are dreadful. While we should be demonstrating moral leadership in an increasingly volatile international climate, our emissary to our closest ally has been discredited by scandal.
The President of the United States lands in this country today for his unprecedented second state visit. When the Prime Minister wines and dines him, will he take a principled stand on the matters of great importance to the people of this country? Will he press on Gaza? Will he make progress on our long awaited bespoke trade deal to insulate ourselves from Trump’s tariffs? Will he be supporting our NATO allies in making the case for better US engagement in the defence of Ukraine and shoring up Europe’s eastern flank to Russian incursions into Poland and Romania?
As if not already bad enough, this murky affair has been thickened by the fact that a source from MI6 has reportedly claimed that they failed to clear Mandelson and warned that his links to the man I refuse to name “would compromise him”. Downing Street pressed ahead with the appointment anyway. It is vital that the Civil Service Commission investigates whether the ambassador broke the diplomatic service code by failing to come clean over these revelations sooner.
If it is true, it raises wider questions about what other advice from the security services was neglected. Why did Downing Street officials fail this most basic duty? Why did the team in No. 10 send the Prime Minister out to bat sticking to the line of confidence in Mandelson, only to defenestrate the ambassador a few hours later? Why was the Prime Minister not on top of his brief? If it is the case that key details and information were withheld from the Prime Minister, why has no one been outed and swiftly given the boot?
In the late 1920s, a German philosopher called Karl Popper famously said that those who cannot remember the past are condemned to repeat it. It is my sincere hope that that is not the case for this Government, for whom I usually have a degree of respect. There are so many questions. We on these Benches and my constituents in Tiverton and Minehead demand answers.
(10 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Falconer
I understand the complexities of these questions. I recognise that the judge has not yet opined in the judicial proceedings to which the hon. Member refers. Once the judge has done so, we will all be in a position to consider his findings. I have set out the Government’s position, as I think the hon. Member said, at some length, over a series of appearances in Parliament and outside of it, and through written questions. I will try always to explain why it is that the—
Rachel Gilmour (Tiverton and Minehead) (LD)
This morning I was at a very moving service at St Paul’s cathedral to recognise the 30th anniversary of the genocide at Srebrenica. One of the VIP guests was His Excellency the Palestinian ambassador. Would the Minister have any idea why he was considered to be such an important guest at such an occasion?
Mr Falconer
I was not at the event and I cannot speak to who was invited or why, but obviously I speak to Dr Zomlot on a regular basis. He is personally affected by the crisis in Gaza and across the Occupied Palestinian Territories. There is no doubt in the Government about the depth of human suffering that is being experienced each and every day—that was experienced overnight—by people desperate to access aid in Gaza. The position that I am laying out in relation to the legal tests that the hon. Member for North Herefordshire mentioned is to reassure the House that we take our obligations under the convention incredibly seriously. The long-standing position about determination is that it is for a competent court. That does not stop us taking action in response to the tragedy that is unfolding before our eyes.
(10 months, 3 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Brian Mathew (Melksham and Devizes) (LD)
I beg to move,
That this House has considered the USAID funding pause and its impact on UK international development.
It is a pleasure to serve under your chairship, Mrs Hobhouse. I thank everyone who has come this morning either to participate or to observe. Although a decision about an American Government Department’s funding may seem distant in geography, it is dangerously close in consequence. The recent cuts to the United States Agency for International Development—USAID —by President Trump on his first day in office pose a grave risk to millions of people around the world, as well as to global stability. I believe they are either a mistake and a blunder, or a cruel and cynical ploy for popularity that will result in harm and suffering for the poorest on the planet.
The implications for our aid programme are threefold. First, the UK has effectively lost a key partner in aid, and one with which we have done great work in the past. Secondly, the sheer scale of the USAID cuts means that the gaps in funding cannot be filled by other donors, especially as almost all Governments, including our own, are now following the US example and reducing their aid spend to put more into their militaries. Thirdly, it could be argued that we, and indeed the world, should have seen this coming; we had become too reliant on the USA.
Having said that, I find it indefensible for the UK to follow suit and cut aid in an attempt to raise funds for increasing defence spend.
Rachel Gilmour (Tiverton and Minehead) (LD)
My hon. Friend is making some compelling points. Does he agree that the crucial point is that if Britain retreats from our role as a leader in international development, we not only undermine our unique soft power but leave vital regions exposed, ceding ground to the increasing assertiveness of hostile powers and geopolitical rivals?
Brian Mathew
I completely agree with my hon. Friend, and I will cover many of those points. I find the cut totally indefensible and counterproductive. Apart from the soft power that our aid programme offers, it is a betrayal of principles we hold dear: reducing poverty and assuring global security.
On a personal note, aid cuts hit close to home for me. For much of my career I have worked in international aid, primarily in water, sanitation and hygiene, working to give people across Africa and the developing world access to clean drinking water, safe sanitation and good hygiene. Those simple things are vital to health, survival and prosperity.
According to WaterAid, the UK’s annual budget for WASH has already been cut by approximately 82%, from a high of £206 million per year down to a critical low of just £37 million a year in 2022. Further cuts are likely to this most vital of sectors. Such cuts will hardly dissuade potential refugees from coming to our shores; they may even drive those refugees towards us if life becomes increasingly intolerable as a result of climate change, war and famine.
One impact of USAID cuts is growing hunger. Globally, almost 50% of all deaths among children under five are attributed to malnutrition. The USAID-funded famine early warning system—FEWS NET—the gold standard for monitoring and predicting food insecurity, went offline in January because of Trump’s cuts, leaving organisations without a key source of guidance on where and when to deploy humanitarian aid. At the same time, other USAID cuts have led to feeding programmes themselves coming to an abrupt end. For example, therapeutic feeding centres in Nigeria have been closed, as have community-run kitchens in Sudan, at a time when famine threatens millions in that country. Meanwhile, thousands in Haiti have lost access to nutritional support. We are told that USAID emergency food rations are now rotting in warehouses.
The supply of HIV treatments and medication has been severely disrupted. The UNAIDS executive director has warned that if funding is not replaced, an additional 6.3 million AIDS-related deaths are expected over the next four years. We were likewise warned by a senior World Health Organisation staff member during the recent International Development Committee visit to Geneva that, with AIDS again running rampant, it is likely that drug-resistant variants of tuberculosis will now multiply and become a risk to us all, even in the developed north.
When healthcare systems are hit, sexual and reproductive health is often one of the first casualties.