British Nationals in Goa

Debate between Tobias Ellwood and Tim Loughton

Tuesday 27th January 2015 Westminster Hall

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

Unfortunately, I am not specifically responsible for India and I begin by extending apologies that the Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), is unable to reply to the debate. I know that he is aware of the issue, whether or not he is not able to watch the debate on the internet, and he will certainly want to follow the matter up with my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton).

I thank my hon. Friend for initiating the debate. He has been and remains an advocate for British nationals facing difficulties in property disputes in India. As hon. Members will be aware, until 2007—my hon. Friend alluded to this—the rules governing purchases of property by foreigners in Goa were open to misinterpretation. Many foreign buyers fell prey to unscrupulous lawyers and property developers who took advantage of the ambiguity of the laws.

Although the purchases of properties were made in good faith by foreign buyers, in 2008, the Indian enforcement directorate served notices to about 400 foreigners who had been found to have violated foreign exchange and immigration regulations. Simultaneously, the Goa Government sent a notice to all registrars instructing them to close the registry to foreigners. There are about 750 British property owners in Goa, many of whom have been under investigation for six years and are still unable to register ownership of their properties or to sell legally.

Our policy on dealing with property disputes worldwide is clear: we cannot get involved in private disputes, as we are in no position to judge the facts of the cases and have no overseas jurisdiction to resolve such matters. It is the responsibility of the Indian authorities to regulate property laws and Her Majesty’s Government have no authority to intervene in matters concerning domestic legislation. We do not become involved in individual cases, nor do we take steps to recover any capital outlay in individual property deals that might have gone wrong.

That said, we do consider raising systemic issues by lobbying national and local Governments. I reassure the House that we take this matter seriously, as my hon. Friend can attest. We are assisting groups of British nationals who have been genuinely cheated by lobbying the Indian Government to seek settlement or a reasonable solution. I am pleased to say that, through our sustained lobbying of a range of interlocutors, the Indian enforcement directorate has cleared for registration a number of cases involving British nationals. The high commissioner in New Delhi and the deputy high commissioner for western India have discussed with the former Goa Chief Minister the problems faced by groups of British property owners and asked that the cases be considered carefully. The Chief Minister was receptive to finding a solution to the problems faced by British nationals and as a result set up a special committee to assess all outstanding cases.

In addition, during a meeting with the deputy high commissioner just last week, the new Chief Minister renewed the Goa Government’s commitment to finding a resolution to the issue. Consular officials regularly meet with all local authorities—the enforcement directorate, the property committee and the state registrar—that are assessing the cases of British nationals.

The authorities do not want to confiscate property and will act sympathetically where possible, especially where it is obvious someone has made Goa their permanent home, or when dealing with sick or elderly owners. However, they have made it clear that they cannot ignore cases where individuals have built properties on agricultural land or wilfully flouted rules on transferring funds or on visa regulations. We recognise that position.

In January 2013, we encouraged British property owners in Goa to start a working group. They have undertaken to lobby on individual cases, and we have facilitated meetings between them, the Chief Minister and local authorities, with some success.

[Tim Loughton]

I am grateful for what the Minister has said thus far, and I entirely appreciate, as the Foreign Office has told me, that it cannot involve itself in individual cases. However, could we not do more where there is systematic or systemic abuse, as he mentioned? We are talking about British citizens being denied justice. The rulings against them are not specifically saying what they have done and then proving it; they are constantly saying there is not enough information, so the case is deferred and deferred. In the meantime, money is, effectively, being demanded with menaces. If such corruption were happening in the United Kingdom, on the part of British officials dealing with Indian nationals, we would absolutely want to do something about it and to liaise with the Indian authorities.

[Mr Ellwood]

I will certainly relay that to the Minister of State. Perhaps I can put him on the spot in his absence and suggest that he and my hon. Friend meet so that, rather than the issue lying dormant after the debate, we can move the process forward.

Consular staff are dealing with the property issue at a wider policy level, engaging with the Goa Government and local authorities directly, and that must fit in with what my hon. Friend said about the difference between taking a systemic approach and looking at individual cases. That approach, which I hope will be joined up, has been effective, with approximately 40 cases being cleared of investigation over the last year. However, as has been reiterated today, many more outstanding cases need to be looked at.

We are aware of corruption allegations against local authorities in Goa. However, the matter must be dealt with by the Indian authorities. We have always advised British nationals to report corruption complaints to the Indian law enforcement system.

Although there has been some progress, I recognise that the issue continues to cause distress to British nationals. We will continue to lobby the Goa Government and local authorities on systemic issues relating to expatriate property disputes and to work with those who have been affected to find an appropriate solution.