Tuesday 20th December 2011

(12 years, 7 months ago)

Commons Chamber
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Jeremy Browne Portrait Mr Browne
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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.

John Bercow Portrait Mr Speaker
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Those good wishes are reciprocated, and I thank the Minister of State.

Question put and agreed to.