Foreign Fighters and the Death Penalty

Yasmin Qureshi Excerpts

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

Every week, I see cases of exclusions. We exclude people in line with the legislation. If they are from the EU, we have some powers to exclude, and if they are from outside the EEA, we have more powers to exclude. We exclude people and, as I said, deprive people of their citizenship where the intelligence evidence points to the fact that either there is no alternative or they pose a considerable threat.

The biggest challenge for the future is safe spaces—people’s ability to communicate through end-to-end encryption, go online or go to a warzone such as north Syria, where they can play a part in planning and directing attacks. We, as a country, have very little reach into those places, either to affect behaviour or indeed get justice delivered. One of the biggest challenges in this case is that the detention of these individuals is not by a state; it is by a non-state actor in a prison in north Syria, which is a warzone. That is a real barrier to what we can do in the pursuit of justice for the victims of the crimes that these people are accused of.

[Yasmin Qureshi (Bolton South East) (Lab)]

May I remind the House that this urgent question is about the death penalty? People are against the death penalty either because it is inhumane or because there could be a miscarriage of justice, and we should remember that. We either believe in the death penalty or we do not. We do not have the death penalty in this country, which means that whenever we deal with these issues, we must at all times seek assurance that there will be no death penalty. That is the question here.

[Mr Wallace]

As I said earlier, this Government, the coalition Government and the Labour Government before it have, in exceptional circumstances or where there are strong reasons, not sought death penalty assurances. That has been the long-standing position of successive Governments under the OSJA. That is partly because, while we oppose the death penalty in principle, we have to balance the options on the table.

These two individuals are not United Kingdom citizens in this country; they are in a country where there is a war. People seem to forget that. If they were in this country, the courts would have much more power to gather evidence, put them on trial and so on, but they are not, and therefore we are guided by the OSJA, published in 2011 under the coalition Government. It seems, having looked through previous records, that other Governments have on occasions viewed something as exceptional or having strong reasons not to seek death penalty assurances.