UK Nationals Imprisoned Abroad

Tobias Ellwood Excerpts

Tuesday 20th December 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

It is an honour to respond to this important debate, Mr Flello. I welcome all the contributions that have been made.

The debate is important because it has allowed Members of Parliament to express their concerns on behalf of constituents and the families of those affected by consular issues. It is important for Members to be able to raise these matters, but also for the Government to explain in more detail what we can do and are doing, as well as touch on the fact that many things are happening behind the scenes that we cannot share.

As many colleagues have outlined, the contact that Britons experiencing difficulties abroad have with the Foreign and Commonwealth Office may be the only time they have a relationship with the FCO, or indeed the Government as such. They want that support, and they want us to get it right and help them. In any typical year, we deal with more than 310,000 calls for assistance, and around 17,000 cases are running. That shows the scale of what Her Majesty’s Government are doing through our posts, embassies and high commissions around the world, as well as in the Foreign Office, of course. I shall spell out consular policy in general terms and the policy on the detention of Britons by other states, and I will look at the two big cases—the Tsege and Ratcliffe cases—in a little more detail. I do, though, recognise that there are many other cases that MPs may want to raise separately outside this debate.

I do not say this defensively, but simply to try to put things in perspective: I ask for a more cautionary tone from some Members. There has been talk of the FCO doing little, not caring, or not being committed, and I take a bit of offence to that, personally. I understand that that sort of thing is sometimes said because these are passionate issues, and MPs want to be seen to be doing all they can to help the family concerned, but I fully reject the idea that the Foreign Office or Her Majesty’s Government are not absolutely committed to helping every single Briton as best we can, often in very difficult circumstances, and to ensuring that justice is done, and that they can return to the UK as quickly as possible.

I shall not dwell on this, because that would not be appropriate, but my approach is shaped by my personal experience dealing with a very difficult consular case involving the killing of my brother in the 2002 Bali bombing. I think of that every time any family member comes to me and says that somebody is missing, hurt or needs to be brought home. I make sure that I and the team I am working with are able to do everything we can, but I ask Members to understand that a phenomenal amount of activity happens behind the scenes that we deliberately cannot talk about. In fact, talking about it openly could affect the agenda and how things are being interpreted in the relevant country, where they will read the headlines about us shouting from afar, as some Members have said. I know of cases that have been delayed by an unhelpful headline, because the country has taken offence at what they have read in the British press as it is reported back.

[Liz McInnes]

I appreciate what the Minister is saying, but he has heard the words of Andy Tsege’s family, who have been left behind. I understand the need to keep some things confidential, but surely the family should not be feeling the way that they are; the Minister heard their words expressed very clearly.

[Mr Ellwood]

I understand what the hon. Lady is saying, and I shall address that specific case, but I should be clear that, in some cases, we are subject to the wishes of what the family want to do. I make an effort to meet the families, either with MPs, by myself or through our consular staff, and they themselves sometimes do not want things being made public—and sometimes I do not have permission to say what I am doing. Many cases have been brought up, particularly the two that we are focusing on, but I do not have permission to share in public what is going on, or to decide what can be said, because that is in the gift of that family, and we must respect their wishes. I ask Members to recognise that as well.

In these cases, we are often dealing with countries where governance, the rule of law and transparency are not at the levels that we in this country enjoy, defend or promote. We did not always have that right in the 800 years of our history; it took us a long time to get where we are today. Many countries are on that learning curve. It is absolutely right that our international development money goes towards helping to improve their justice systems, so that they have better, more transparent processes for dealing with such cases. That is the reality check—the prism through which we must look at these cases—but it should not deter us from ensuring that we work as hard as possible right across the piece to help Britons abroad.

As I say, consular assistance is at the heart of what we do in the Foreign and Commonwealth Office. Our consular staff give advice and practical support to British nationals overseas when things go wrong. That support, I stress, is not a right or an obligation. We do not have a legal duty of care to British nationals abroad, but this Government are proud, as I think successive Governments have been, of the long-standing tradition of offering British nationals the best consular service in the world.

[Fiona Mactaggart (Slough) (Lab)]

Will the Minister give way?

[Mr Ellwood]

I will not, because I am running out of time. If there is time at the end, I will. Independent customer feedback is overwhelmingly positive and shows that our staff approach their work with care, empathy and professionalism. As I have indicated, the volume, variety and complexity of cases are staggering. In the last financial year alone, our staff overseas dealt with more than 5,000 detentions, 3,600 deaths and nearly 4,000 hospital cases. We increasingly focus our precious resources on those who need it most: the vulnerable. Some things we do not and will not do, as has been implied by hon. Members today: we do not take decisions for people; we do not interfere in another country’s legal or judicial system, although as I said, we try to advance their systems through our other programmes; and we do not seek to get for British people a better deal than the locals get.

It is important that we use consistent criteria in determining how much support we provide in each case. Our job is to ensure that the public pressure in certain cases does not unfairly divert our attention from the large number of cases that never hit the media. While serious cases have been raised today, 13 British nationals face the death penalty throughout the world. There are more than 2,000 British nationals in detention at any one time, the greatest number of whom, about 400, are in the United States.

We have a clear process for engaging with detention cases. Host Governments notify us when a British national is detained, as long as that person agrees. We then make contact or visit the individual, where possible within 24 hours. Our priority is always their welfare—ensuring that they are receiving food, water and medical treatment, and that they have access to legal advice. In the majority of countries, our staff visit people in detention about four times a year. Some prisoners have described our visits as a lifeline; in some cases, they might be the only ones they receive.

Our assistance does not stop there. If British nationals tell us that they have been mistreated or tortured, with their permission, consular staff express our concerns to the authorities and seek an investigation. Where we cannot provide support, we work through others, such as the charity Prisoners Abroad, and they support detainees and their families and help to provide and maintain contact. If there is no family, Prisoners Abroad can help find people a pen pal or send them books to read or study. It can also help with prisoners’ resettlement in the UK after release.

The death penalty was raised by a number of hon. Members. Irrespective of the charges against any British nationals, we do all we can to ensure that the death penalty is not carried out. Indeed, yesterday, the United Nations General Assembly adopted a resolution in favour of a moratorium on the use of the death penalty. We continue to press countries to advance their systems so as to remove the death penalty, as we did in ours.

I turn to the two main cases that have been mentioned; if there is time, I will progress to others. If I do not get a chance to respond now, I will write to hon. Members on the details of the questions they have asked, as I have done after other debates.

Mr Tsege’s case is well known to me, senior colleagues in the Foreign Office and Members in the Chamber. We are committed to offering the best consular support to him and his family. Since he was arrested and taken to Ethiopia in June 2014, we have worked hard to ensure his welfare, and his access to consular and legal advice. We continue to do so. We take every opportunity to raise his case at the very highest levels in Ethiopia. The Ethiopian Government, whose own difficulties have been touched on today, are in no doubt about our concern for Mr Tsege and the priority that we place on ensuring his wellbeing. The Foreign Secretary and his predecessor have both raised Mr Tsege’s case personally with the Ethiopian Government, and our ambassador takes every opportunity to do so. I will visit the country at the end of January, and I will ensure that the mood and tone of this debate, and our important stress on the case of Mr Tsege, is related to the Government.

As a result of our continued high-level engagement, we have ensured that Mr Tsege is no longer in solitary confinement, and we have received a commitment from the highest levels of the Ethiopian Government that he will be given access to a lawyer. Last Thursday, our ambassador visited Mr Tsege, who appeared to be in good health and good spirits, and she was reassured about his welfare. Mention has been made of a private meeting not being allowed to take place, but the standard rules in Ethiopia are that all visits are accompanied. Those rules are followed by Ethiopians themselves.

I understand why some people have called for the UK Government to advocate Mr Tsege’s release, but we believe that calling for his release would not meet with success; just by shouting out, we would not win his release at this stage. Indeed, to do so could put at risk the progress made so far, including on our access to Mr Tsege. Furthermore, as I said at the start, we cannot interfere in the legal systems of other countries. We have, however, lobbied the Ethiopian Government strongly and consistently against the application and use of the death penalty. They can be in no doubt about our position.

On the case of Mrs Nazanin Zaghari-Ratcliffe, as hon. Members are aware, Iran does not recognise dual nationality—that is not the case in the UK; we consider Mrs Zaghari-Ratcliffe to be a British national—and has repeatedly refused permission for visits to her. We have repeatedly requested the Iranian authorities to grant us consular access so that we may be assured of her welfare. The Foreign Secretary, the Prime Minister and I have raised the matter at our respective levels. I also raised it with the Iranian ambassador only a couple of weeks ago, and I have met Richard Ratcliffe, the husband.

Since we were first made aware of Mrs Zaghari-Ratcliffe’s arrest, we have been supporting her family. I have met the family on three occasions to reassure them that we will continue to press the Iranians for greater consular access. We also stand ready to assist, if requested, with the return to the UK of her daughter, who is not, as has been said in the debate, trapped in Iran. The daughter is allowed to return to the UK at any moment; it is a family decision for her to remain in Iran.

I am obliged to give the final minutes to the right hon. Member for Carshalton and Wallington (Tom Brake), who introduced the debate. In conclusion, therefore, I simply say to all hon. Members that we take the issue of those detained overseas very seriously. I pay tribute to the families and loved ones during distressing times, and I thank consular officers who work every day to support British nationals in their most difficult times. I also thank Members of Parliament for the role that they play in bringing aspects of different cases to the fore and in lobbying me personally. I stand ready at any time to meet them, even away from the Foreign Office.

Supporting British nationals in difficulty abroad is an absolute priority for me and for us at the Foreign and Commonwealth Office. We cannot always do as much as families want, but I assure the House that we do everything we can, and we will continue to work tirelessly to protect British nationals’ welfare and to uphold their rights.

[Tom Brake]

I thank all hon. Members who have spoken, and the Leader of the Opposition, the right hon. Member for Islington North (Jeremy Corbyn), for making time to attend the debate. The Minister has heard the consistent and very strong message from all Members today that Andy and Nazanin’s detentions are unacceptable and illegal, and that their trials have been frankly deplorable. He is also getting a consistent and identical message from their families. If I have concern about what he has said, it is that he is hiding behind family confidentiality. He must respect that, of course, but families are asking him to take the action that has been set out in this debate. We must have public, outspoken action now at the highest level, from our Prime Minister, to secure their release. We demand—

[Mr Ellwood]

I am sorry to interrupt the right hon. Gentleman’s peroration, but what he said is incorrect. I am following the advice of families very carefully indeed. I would say more if families allowed me to, and I think he disingenuously has misled the Chamber by making that suggestion.

[Tom Brake]

It is clearly very important for the Minister to sit down with the families. Having observed some of the body language of the families—

Motion lapsed (Standing Order No. 10(6)).