Jagtar Singh Johal

Stuart C McDonald Excerpts

Wednesday 7th September 2022 Commons Chamber

[Madam Deputy Speaker]

I call the SNP spokesperson, Stuart C. McDonald.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I pay tribute to my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) for securing this urgent question and for his relentless campaigning on behalf of his constituent. I echo his comments 100% and agree with what he said. As I understand it, the outgoing Prime Minister has previously been absolutely clear that this is a case of arbitrary detention. Is that still the Minister’s position? It seems absolutely clear that Mr Johal has been disgracefully treated during that detention, so will the Government call for his release? It is a simple question. I appreciate that legal proceedings are ongoing just now, but can the Minister assure us that in the fulness of time there will be a full statement to this Parliament about exactly what went on and the sort of inquiry that my hon. Friend calls for.

Can I raise two final issues? We know about this thanks to the diligent work of organisations such as Reprieve, but it brings to our attention the issue of whistleblowers. We know that 99% of the time our security services serve us absolutely fantastically well, but things do go wrong and abuses happen, so is there not now a need for protection of whistleblowers and for public interest defences in relation to disclosures—for example, in relation to the National Security Bill going through Parliament just now?

On that Bill, does the Minister agree that, hypothetically, if UK agencies are found liable for damages for actions they undertake that lead to torture abroad, those damages should be paid? If so, why does the Bill—in clause 58 —appear to create new and unnecessary ways to avoid the security services having to meet those damages? How can that be justified in any way, shape or form?

[Rehman Chishti]

The first part of the hon. Member’s question was about the view taken by the former Prime Minister of arbitrary detention and Mr Johal’s case. The United Nations working group on arbitrary detention has issued its opinion about Mr Johal. We take this seriously and have consistently raised our concerns about Mr Johal’s case directly with the Government of India. We are committed to doing what we can to assist him.

On the second part of the hon. Member’s question about arbitrary detention and the issue of release, the focus of these cases is always on working in the best interests of the individuals concerned. There is no blanket approach for these cases; our approach is tailored for specific individuals. I am sure that the new Prime Minister and Foreign Secretary will want to review this case as a priority.

On the hon. Member’s specific point about the National Security Bill, the Home Office leads on that matter. Again, I do not comment on matters relating to the intelligence agencies, or on this specific case because of a live civil litigation case in the High Court.