Consular Services

Stephen Twigg Excerpts

Wednesday 3rd November 2010 Westminster Hall

[Tom Brake (Carshalton and Wallington) (LD)]

I welcome the opportunity to hold this debate. I would like to start by reporting my personal experience of a number of harrowing or complex cases, such as that of Mr Khadum al Sarraj—an Iraqi national married to a British citizen, Shereen Nasser—who was detained at Camp Cropper in Baghdad. He was fortunately released eventually, and is now safe in the UK. There are also the cases of Mr El Mahdy, who is currently detained in a police station in Qatar; Mr Neil Juwaheer, who died in suspicious circumstances in a police cell in Brazil; and Robbie Hughes, who was very badly beaten in an attack in Malia in Crete. I want to dwell on the last two cases at some length.

The death, serious injury or detention of a loved one abroad can be the most traumatic experience anyone is likely to face in a lifetime. It is easy to see why. One is stranded in a foreign country with all the language barriers that brings, the cultural barriers, the different legal systems, often dwindling financial resources and corruption in the legal service of the country or within the police. It is clear why it can be a devastating experience for a family. I would like to consider two cases in some depth.

First, there is the case of Neil Juwaheer. My constituents, the Juwaheers, live in Carshalton, and their son, Neil, died in suspicious circumstances while in police custody in Brazil. The Brazilian tourist police report included a statement that a torn package of drug powder was found in his body—and that caused the death by chemical intoxication—a claim that is disputed by the family and by an autopsy that they had carried out. They allege that their son was in fact restrained in a cruel and barbaric way by strapping him up with antenna wire, and was beaten, and that was what probably caused his death while in detention in Brazil.

I first raised the matter with the Brazil desk of the Foreign and Commonwealth Office in 2007. At that point I raised concerns about the family’s inability to get closure on their son’s death, because the process in Brazil is so slow. I tried to identify what further the FCO might be able to do to support the family. Kim Howells, the then Minister, set out in his response in October 2007 what the FCO had been able to do—the consul had assisted the family when they made a visit to Brazil—and confirmed that the Brazilian police were continuing their investigation, though that would take time. He added that the British Government will only consider intervention if the investigation takes longer than the norm for a Brazilian national. I will shortly come back to that point. Mr Juwaheer was provided with a list of English-speaking lawyers, and it was suggested that he should seek legal advice in Brazil and consider appointing a lawyer, which he then did.

I followed that up with a further letter to the then Foreign Secretary, the right hon. Member for South Shields (David Miliband), in February 2008. I set out again the alleged circumstances of the death, explained that Mr Juwaheer had followed the FCO advice, in getting in touch with and securing the assistance of a lawyer in Brazil. I went on to set out why I thought there were reasons for the FCO to get involved in the case. It was not just a routine case as far as the Brazilian police or judicial system were concerned. I set out the concerns that we had about some aspects of the case. For instance, the head of the Brazilian CID, who was investigating the case, had been suspended, and it was alleged that he had been responsible for the deaths of other people. Two autopsies were deemed inconclusive, although miraculously, later, the alleged package that was supposed to contain drugs materialised after the autopsies had been completed. There were allegations that Mr Juwaheer, when he died, was foaming at the mouth, but that can be a symptom of asthma, not drug abuse. If it was suggested that he had been having a seizure, why was he not sent to hospital, as opposed to being detained at the police station? Why was he inappropriately and tightly wrapped up in antenna wire, leaving severe marks on his body which showed up in the autopsy? The autopsy that the family had carried out suggested that he had been beaten and had died. There was some difference of opinion between the autopsies about whether he died a violent death or from an overdose. Clearly, there were a large number of suspicious circumstances that surrounded this death. Even for the Brazilian police and legal system, this must have been an atypical case.

I again took it up with the FCO and, I am afraid to say, simply got a letter repeating the content of a previous reply, setting out that the FCO could do nothing because the case was being dealt with in the way that the Brazilian legal system would deal with it. I want to come back to the question about the British Government only considering intervention if the investigation takes longer than the norm for a Brazilian national. I do not know whether the Minister, when he replies, will be able to set out what he thinks the norm is in relation to a case involving a Brazilian national. One could argue that if the norm for a Brazilian case was to take 20 years, perhaps the FCO would still feel duty bound to get involved to some extent, because I think we would all want to support intervention in cases where a legal system has either clearly failed or is dragged out to such an extent that it is clear that nobody is going to get justice at the end of the process.

The second case I would like to refer to is that of Robbie Hughes. The matter is subject to a court case in Crete at the moment, so I will be careful what I say. The facts are known of what happened and are widely documented. He was seriously injured during an attack in Malia in Crete. It is alleged that his attackers may have been British tourists. His mother is a constituent of mine and made contact with me while she was out there, after she had flown out to Greece to support him. She encountered all the problems that the Juwaheer family had encountered, in terms of trying to overcome the language barrier, dealing the Greek police, dealing with a hospital environment, of which frankly British tourists need to be aware. If they are going to Greece, they need to make some insurance preparations, because if they end up in a Greek national health service facility they are going to be rather shocked by what they find. Certainly, Maggie Hughes was incredibly shocked by what she found and the level of care that was being provided to her son. As a result of what happened to Robbie, she has set up an organisation called Please Enjoy, Don’t Destroy, and is campaigning on these issues.

In defence of the FCO staff, Maggie Hughes said they were as helpful as possible. However, they were grossly overstretched and had six people who were trying to cover all of the Greek islands. If you imagine what the Greek islands are like in the summer with hundreds of thousands of Brits over there holidaying, six people to cover that area is not sufficient. What that meant was that the FCO was ringing my constituent Maggie Hughes and saying, in effect, “We are aware of a British family; something dreadful has happened to their son or daughter. Would you be willing to make contact with them and help them and provide support?” She did not object to that; she was happy to do it; she had been through that experience. However, one has to question whether it is entirely appropriate for the FCO to call on British residents when they are abroad to seek their support for British citizens who have either been injured or seriously affected by an incident abroad.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I congratulate the hon. Gentleman on securing this important debate today. Two weeks ago at Prime Minister’s questions, I had the opportunity to raise with the Prime Minister the case of Gary Dunne from my constituency, who was murdered in Spain. The Prime Minister kindly agreed to meet Gary’s parents, Steve and Lesley, who have been campaigning on issues arising from that experience in a very similar fashion to the constituents whom the hon. Gentleman mentioned.

One aspect of the Dunnes’ experience in Spain was precisely the lack of efficiency in the consular response in dealing with the family following Gary’s murder. So I congratulate the hon. Gentleman on securing this debate and I hope that, when the Minister responds, there will be reference to the need for greater efficiency and speed in dealing with cases such as those described by the hon. Gentleman and that of my former constituent, Gary Dunne.

[Tom Brake]

I am very grateful to the hon. Gentleman for his intervention. As he confirmed, he is simply seeking to reinforce these points about what support can be given to families. I think that we would agree that the type of support that we are talking about is not the FCO and consular staff getting involved to help someone when they have lost their passport. These are cases in which someone has been murdered or perhaps seriously injured as a result of a car accident, an attack or something else of that nature. So we are talking about a relatively small group of people and not about each and every British citizen who encounters some difficulty while they are abroad.

My involvement with Maggie and Robbie Hughes led to Maggie and me holding a meeting in Parliament at the end of last year. I have a copy of the report that was produced after that meeting, which I will hand to the Minister at the end of this debate. The report just sums up the recommendations we made at the end of that meeting. There should be a copy of the report within the FCO already, because Julian Braithwaite, the director of consular services, attended that meeting, and I am sure that he was sent a copy of the report afterwards. However, I will give the Minister another copy so that he has it to hand in case the first one has been mislaid.

So what do we suggest should be done? First, let me say that I am not the only one making these suggestions, nor is it just the hon. Member for Liverpool, West Derby (Stephen Twigg), who just intervened on me, and nor is it just Maggie Hughes and Mrs Juwaheer. Organisations such as Support After Murder and Manslaughter Abroad and indeed the National Policing Improvement Agency also support the recommendations made in the report. We came up with many of them after that meeting, which was with families who have been affected by either the murder or the involvement in a serious accident of a loved one abroad.

I will outline those recommendations. First, the FCO needs to provide more information about the services that it offers. I am pleased that, following Maggie’s intervention, the FCO website has been improved in terms of the level of information that it provides. Secondly, the FCO needs to provide more help in getting family members to wherever their loved ones are abroad. Occasionally, the family involved will have difficulty in physically getting to the place where the incident occurred.

Thirdly, the FCO should help to report crime to the local police and obtain police reports. That was clearly a big issue for some families who attended the meeting, because the police that they had dealt with were refusing to accept that a crime had been committed. Fourthly, the FCO should intervene if no police action is forthcoming. Fifthly, the FCO should challenge police corruption. Sixthly, the FCO should be able to provide information and assistance in serious cases, and I think that that is perhaps the crunch point. We are talking about the relatively small number of people who experience a real tragedy abroad. Furthermore, I would add to that recommendation in our report that there should be an agreed level of service, clearly setting out what different Departments and agencies are responsible for.

I acknowledge that by restricting this type of support to people involved in the most serious cases there will be other people on the margins who will perhaps feel let down by the FCO, even if the FCO makes the improvements that we suggest. Nevertheless, we have got to be realistic about what is achievable, particularly in the present climate. Therefore, I am afraid that there will be families who will miss out, even though they may feel—perhaps rightly—that their cases were as serious as some of the other cases that we have referred to.

Seventhly, the FCO should provide a translation service, or know where such a service can be secured. Simply providing a list of lawyers or a list of translators is not actually the same as providing access to a legal or translation service. Eighthly, the FCO should strengthen or resurrect a network of honorary consuls able to provide local knowledge to support victims and their families at a time of crisis.

Coincidentally, because our meeting was principally about Greece—that was not our intention, but the families who came had principally experienced some tragedy in Greece—there are a number of recommendations about how the Greek police and authorities should work together with the British police. However, I think that those recommendations are applicable to whichever country we are talking about.

So, the report made a strong recommendation that a victim’s family member should attend any joint meetings between Greek and UK police, or between other Greek and UK authorities, so that the family member can provide some insight about what it actually means to a family when such an incident occurs.

There is one other aspect that is clearly not relevant to the Juwaheer case but is very relevant to what happens in places such as Malia in Crete. It relates to what the FCO can do with tour operators, and I know that the previous Minister in the last Government who I dealt with, Kim Howells, worked hard on this issue. The FCO should work with the tour operators to establish what more they can do to try to ensure that the people who are going abroad to have a happy time actually have a happy time and do not end up very seriously injured as a result of binge drinking. Even now, Maggie Hughes, who has been out to Greece on a regular basis, is still hearing of or even overhearing tour operators or tour reps encouraging people to visit Greece, by saying, “Go there, it’s really cheap and you can get completely blotto for next to nothing.” We need to clamp down on the tour operators and ensure that they understand that they have a real responsibility to tackle binge drinking and certainly should not be promoting it, as some of them still appear to be doing.

Also, there may be more work that tour operators can do in relation to insurance, because even if British people are travelling to EU countries the level of care that they will receive in some hospitals in those countries can be absolutely dire, and if they do not have the right level of insurance they will have a really nasty shock if they turn up at one of those hospitals.

Since we produced that report last year, I know that Victim Support has set up a national homicide service, which was started under the previous Government. That service provides one-to-one support for families who have been affected by murder or manslaughter. I wonder what progress has been made on that initiative, and I also wonder whether it applies to victims of murder or manslaughter abroad and not just to victims of murder or manslaughter in the UK.

Before I conclude, there is another issue that I want to bring to the Minister’s attention. More information needs to be made available about the fact that legal aid is available to UK citizens in EU countries. That legal aid is not always going to be as much as one would like, but it is available and people need to know that it is available because at the moment they do not.

To conclude, I just want to say that it cannot be right that—as the recently departed Brazilian ambassador to the UK, Carlos Augusto Santos-Neves, said—there are 22 British embassy staff in Brazil working on climate change and none of them is helping to support people such as the Juwaheers. Equally, as I said earlier, there are only six British diplomatic staff covering the Greek islands, which meant that my constituent, Maggie Hughes, had to intervene to provide support to other British families.

I know that the FCO is working within a tight budget, but I hope that the Minister will be able to provide some comfort to the Juwaheer family, the Hughes family and the hundreds of other families represented by organisations such as SAMM Abroad that in future the support that such families will receive will be more timely, more effective and more comprehensive at their time of greatest need than many families have experienced in the past.