British Nationals Detained Overseas

I beg to move,

That this House has considered British nationals detained overseas.

It is a pleasure to serve under your chairmanship for the first time, Ms Ali. The first duty of the British Government is to protect their citizens at home and abroad. Being arrested or detained abroad can be a difficult and traumatic experience. Often the detained are unable to see their friends and family, sometimes for years. I am sure that we were all moved by the scenes of Nazanin Zaghari-Ratcliffe being reunited with her husband Richard and their daughter Gabriella.

Iran has shown itself to be a serial offender of detaining British passport holders. Morad Tahbaz, a British-American citizen, is still detained there. It has now been over five years. It was only last month that Tahbaz was taken out of Evin prison, the infamous home to many political prisoners of the autocratic regime, and placed under house arrest. Yet this occurred only after America agreed to a prisoner exchange and to allow the Iranian regime to access almost £5 billion of frozen assets in South Korea. In other words, the Iranian regime was using foreign prisoners for ransom. The situation with Nazanin was the same: she was released only after the Government paid £400 million to Tehran.

Mehran Raoof is another dual British-Iranian national who has been detained. At 66, he was detained in Evin prison for supporting and campaigning for workers’ rights. In his own letter, Mr Raoof says the Iranian regime is treating dual nationals as “a valuable commodity”, and the evidence backs him up.

The UK Government must look at the actions of Iran and label them for what they are: state hostage taking. Quite frankly, it is working. The Iranian regime is getting vast sums of money to release foreign or dual nationals whom they have arrested on trumped-up charges. The Foreign Office needs to take a much stronger stance within our role in the UN to call out state hostage taking.

Iran is not the only country guilty of unjustly detaining British citizens. Jimmy Lai, a British national and long-time critic of the Chinese Communist party, was arrested in Hong Kong over three years ago.

I congratulate the hon. Lady for securing the debate and highlighting these important issues and individual cases of concern. As chair of the all-party parliamentary group on media freedom, I share her specific concern about the case of Jimmy Lai. Does she agree that Mr Lai’s case is not only one of appalling consequences for him personally, having served nearly 1,000 days in prison, but emblematic of the Hong Kong Government’s crusade against free media and freedom of speech?

I certainly agree with the hon. Gentleman’s comments. Mr Lai is accused of violating the new national security law in Hong Kong. Leaving aside our Government’s failure to properly hold China to account for reneging on the Sino-British joint declaration, there is still a duty to protect British nationals. Mr Lai awaits trial this month, yet the Chinese Communist authorities are trying to block his attempt to hire a British defence lawyer.

My hon. Friend raises an important point about people’s access to justice and consular services when detained illegitimately or even legitimately. Other countries require a minimum level of support from their Foreign Offices and consular services, including the provision of approved lawyers. That would mean lawyers approved in other countries but certified by Britain. Is that something that we should consider doing in order to ensure that our consular services are protecting our nationals wherever they are?

I agree with my hon. Friend; of course we should be doing that. It is about justice, not rigged justice.

The use of foreign lawyers by both prosecution and defence is a long-established tradition in Hong Kong. Only last month, the Foreign Secretary met the Chinese Vice-President, Mr Han, known as the architect of China’s crackdown in Hong Kong. The Foreign Secretary raised the case of Mr Lai, but did not go far enough. It is British values that are on trial: the values of freedom and democracy, which we signed a treaty to uphold. The Prime Minister should raise this with the Chinese regime at the highest possible level.

Cases of British citizens being detained abroad are not limited to the middle east and Asia. In 2021, Mr Nnamdi Kanu, a British citizen, was abducted by Nigerian security forces in Nairobi, Kenya. Since his detention, he has been subjected to torture and many other unpleasantries. A United Nations Human Rights Council report released a damning assessment of the Nigerian Government’s treatment and called for his immediate release.

My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) has worked tirelessly on behalf of Mr Kanu and is urging the Foreign Secretary to do more to secure his release. Nigeria is a Commonwealth nation that receives tens of millions in UK aid; it is one of the biggest beneficiaries. As part of that aid support, there must be a commitment to human rights and upholding the right to a fair trial. Mr Kanu must be given access to a fair and due process. A British citizen travelling on a British passport should not be kidnapped in a third country and dragged to a Nigerian prison. The Government need to get much tougher.

Another case I will raise is that of Alaa Abd-El Fattah, a British-Egyptian activist who was detained in Egypt. Once again, he has been detained and denied fair and due process. He even took to hunger strike in prison to protest against his treatment. The Egyptian authorities also denied his British citizenship and refused British consular support. Our Government need to insist that Mr Abd-El Fattah gets that assistance.

I remind all hon. Members who wish to speak to bob. I call Daniel Kawczynski.

Thank you, Ms Ali, for calling me to speak in this debate. I very much agree with the comments of the hon. Member for St Helens South and Whiston (Ms Rimmer) about the importance of how a country supports its citizens overseas when they are in distress, in particular in prisons. I congratulate her on securing this important debate.

I will speak briefly on behalf of my constituent, Saiful Chowdhury, who is a leading member of the Muslim community in Shrewsbury and does a great deal to support our mosque. He contacted me because of his two cousins, Murad Rahman Khan and Yadur Rahman Khan. They were at the airport in Dubai in February 2023, trying to secure a wheelchair for their elderly mother. They were travelling as a family, with their elderly mother and their children, on holiday in Dubai. They tried to secure a wheelchair because their mother had difficulties walking, but the staff were unhelpful, rude and confrontational.

Unfortunately, that led to a verbal confrontation between the two British citizens and the airport staff, resulting in them being convicted to a six-month jail sentence. They are appealing, but their passports have been stamped to prevent them from leaving the United Arab Emirates. They are in a hotel at their own expense. They have spent thousands and thousands pounds already on accommodation since February, while they wait for their court process to be concluded.

The Minister is a very good and responsive Minister, and I would like him to take a particular interest in this case. The reason why I feel compelled to raise it is that some of the allegations put forward include no CCTV evidence being presented to the court. The defendants are keen for that to be shown to demonstrate that the altercation was purely verbal, rather than physical in any way, and yet the authorities refuse to allow CCTV evidence from the airport. That is the allegation. Another concern relates to the repeated refusal of the Emirati authorities to facilitate ongoing and effective dialogue and communication with the defendants, our British embassy officials and indeed their lawyers. My concern is also about the length of time taken to date.

I call Sir Chris Bryant.

Thank you for calling me to speak, Ms Ali. I had not expected to be called so quickly.

I warmly commend my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) for securing this debate, not least because I think all the members of the Select Committee on Foreign Affairs have been making arguments about some of the issues for some considerable time.

In particular, there was the situation of Nazanin Zaghari-Ratcliffe. The former Prime Minister managed to make things more difficult when, as Foreign Secretary, he suggested to the Foreign Affairs Committee that she was engaged in other activities. That possibly led to her being kept in an Iranian jail for much longer than was necessary. In addition, as the current Chancellor admitted when he was Foreign Secretary, sometimes we have not devoted enough energy to making sure that British citizens get a fair trial and are treated properly in prison, or that, if possible, their sentence can be served in the UK.

I will very briefly explain one of the things that I did when I was a Foreign Office Minister for five minutes. There was a British woman who was arrested in Laos. I will not name her, but she was pregnant, and she was arrested for an offence that would have been an offence in the United Kingdom. Laos is a very closed country, politically—a communist country and very difficult. At the time, we did not have an embassy in Laos and we were being helped by the Australians. I said, “Well, I’m sorry, but she’s pregnant; I don’t want a British child to be born in a Laos prison, in filthy conditions, and likely to have a miserable life, if a life of any kind at all. I want that child to be born in a British prison.” All the officials said, “No, that is nonsense, Minister. It is nothing to do with you. It will simply make life difficult.” But I went and I had a difficult but good, thorough meeting with my counterpart in Vientiane. We had a wonderful lunch afterwards, and it thawed the relationship. I said, “I’m going to ring you every Monday morning.” That is what I did, and after three months we got her out and she came back to a British prison. She has no idea; I am absolutely sure of that.

I am very much enjoying the hon. Gentleman’s speech. Three Sundays ago, we joined the fastest-growing, biggest trading bloc in the world—the comprehensive and progressive agreement for trans-pacific partnership in the far east. Does he agree that we ought to use our position in the CPTPP to restrict Chinese entry to the bloc as long as it continues to behave in this manner?

Yes, and not only because of the sanctioning of the right hon. and hon. Members present but because of the complete reneging on our agreement with China on Hong Kong. When I talk to Hongkongers who have left Hong Kong, who now nearly all leave with nothing, leaving everything behind them, they talk of genuine fear for their family back at home, if they have stayed.

Will the hon. Gentleman give way?

Of course, although I was going to end my speech.

I am sure the hon. Gentleman will get there eventually. I fear that the reasons for the non-intervention and non-comment in respect of Jimmy Lai’s case are explicable—they are not worthy but they are explicable—but this is a moment that really matters for Jimmy Lai, because he now has a trial date set for December, and an intervention at this critical stage in the criminal proceedings against him could make a material difference to the outcome. Does that in itself not merit a more robust intervention from our Foreign Secretary?

I think it does, and I was going to make that point myself. This is a very opportune point at which to make an intervention.

I have another, broader point to make, which is that when people around the world are asked to name the UK’s unique special achievement in foreign affairs, most say it is the rule of law. It is the fact that our word is our bond. It is the fact that a case can be prosecuted properly in a legal court in our country, and that we stand for democracy, the freedom of the individual and equality under the law. That has to be just as much part of our foreign policy as our mercantilist desire to do better trade with other parts of the world. My experience of working on issues in Russia and countries in central Asia is that if we do not tie the two together, we make a terrible mistake, because British businesses simply cannot flourish because they have to pay bribes and deal with an autocratic regime.

To conclude, I very much hope that the UK Government will adopt a more robust, more coherent and more determined approach in their relationship with a series of different countries: China, Russia and India.

It is a pleasure to serve under your stewardship, Ms Ali. Others wish to speak so I will try to keep my comments brief.

I congratulate the hon. Member for St Helens South and Whiston (Ms Rimmer) on securing this vital debate. We should hold such debates regularly because there is so much to be done in this policy area. British citizens carry British passports, and those British passports have a clear statement at the front that none should let or hinder those who hold that passport, yet too often we find ourselves apologising and running around that major statement at the front of the passport.

I want to focus carefully on the case of Jimmy Lai. I had the privilege of meeting the international team of lawyers who are attempting to defend him, even though they have now, appallingly, been barred from Hong Kong by the Chinese authorities, such is their approval. Nevertheless, I congratulate his team on the huge efforts they are making around the world to draw attention to the plight of a man whose only crime is to cry freedom for all those he lives with.

The point about Jimmy Lai’s case is the reality of the change in Hong Kong. The Chinese authorities have trashed the Sino-British agreement that protected people’s rights in Hong Kong as a special case, once it was all agreed. That agreement is an international treaty. The problem we have is that the authorities can now proceed against people such as Mr Lai for sedition and other appalling charges. He has already been forced to lose his company, and the assets of Apple Daily have been seized. It is unprecedented and could not happen here in the United Kingdom.

Here is the point: Hong Kong is still meant to be a common-law area, but it cannot be a common-law area if people can have their assets seized on charges that have not yet gone through the courts. It is a peculiarity that we go on pretending, as do some of our justices who serve out there. It is no longer really a common-law jurisdiction because it has the national security law over it. People such as Jimmy Lai will now suffer under the national security law without any redress or protection, as would normally be the case here in the United Kingdom, for example, where English common law protects our normal and natural rights. Those rights have been completely decimated in Hong Kong.

My right hon. Friend, I and indeed you, Ms Ali, attended a conference in Prague over the weekend that was full of parliamentarians from around the world, many of whom, including my right hon. Friend and I, have been sanctioned by the Chinese authorities. The whole subject of Jimmy Lai was very much the focus of that conference.

However, does my right hon. Friend agree that the issue of Jimmy Lai is not just about Jimmy Lai himself but about what this country stands for? In the case of Jimmy Lai, the Chinese Communist party has enacted two criminal acts, one of which is breaking the Anglo-Sino agreement over Hong Kong, an international treaty to which we are a signatory. As a result of its trashing of that treaty, all the protections under the rule of law that might have applied have been swept away. That is why Jimmy Lai, one of the most successful businessmen and whose company was the largest quoted on the Hong Kong stock exchange, is now facing this prosecution.

Jimmy Lai is a British citizen—there is no doubt about that—and therefore he is entitled to the full force of the British Government’s protection. Why has that not been shown and why have there been no consequences, despite the warm words from the Foreign Secretary and others, for the fact that my right hon. Friend and I, along with five other parliamentarians, remain sanctioned and Jimmy Lai continues to be denied the basic justice that we take for granted in this country?

I am very grateful that my hon. Friend intervened, because I agree, of course, with everything he said. He and I are sanctioned; in our case, it is for raising the genocide in Xinjiang, which is another case altogether.

I agree with my hon. Friend about Jimmy Lai. I will come back to Jimmy Lai, but I want first to say something more widely about the many British citizens who languish abroad. I am afraid that we too often find reasons and excuses to believe that behind the scenes we can somehow do something that will help them without raising the fact that they are British citizens and therefore, under international law, they require full consular access and rights. I simply say that that is a mindset that we need to get out of. We need to say: “If you are a British passport holder—and, most importantly, a British citizen—then you have the protection of this United Kingdom, which is supposed to believe in human rights and freedom.”

It is difficult to disagree with anything the right hon. Gentleman is saying. Does he agree with me that a legal right to consular assistance would be one step in the right direction to help to protect our citizens when they get into trouble abroad?

Well, I would not be against it, but if the hon. Lady will forgive me, I will not go into that now. I am sure she can make her case on that, and I shall be happy to discuss it with her later.

I want to use this opportunity to return to a human being who is now likely—as he must believe, given the way the Chinese authorities are working—never to see the light of day again. He will never see his son or his family ever again, because he took the brave choice: to stay. He did not run away. All those people who have left, quite legitimately, have had their bank accounts frozen and their pension funds frozen illegally—it goes on. But Jimmy Lai stands like a beacon in the middle of this to say, “No. No further. We will not put up with this. Freedom is our right. It is not something that we get given; it is our right, and I am standing up for it.”

Here is what I want to raise with my hon. Friend the Minister, who is going to defend the Government’s position, and I use my words carefully. I noticed that the Foreign Secretary has used this phrase—we had this debate recently, and we did not reach an agreement, so I am going probe that lack of agreement further. He said in connection with his conversations with the Chinese Government that they

“deliberately target prominent pro-democracy figures, journalists and politicians in an effort to silence and discredit them.”

So far, so good. He continued:

“Detained British dual national Jimmy Lai is one such figure. I raised his case”.

Can I just pause there? Jimmy Lai is not a dual national. He has never had a Chinese passport. He has only had a British passport. He is a British citizen, under British law and British protection, and he has appealed for that protection. His own defence counsels have reiterated their inability to mount a proper defence because they cannot get access to him, and now they have been barred from ever seeing him because they were too much trouble and were causing problems.

It is good to see you in the Chair, Ms Ali. I thank the hon. Member for St Helens South and Whiston (Ms Rimmer) for securing the debate, and it is always good to follow the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) when we probably fundamentally agree completely on something.

This is not the first time that I have risen to my feet in Westminster Hall to speak on this very subject, and many here today will have heard me speak about it before, so I will do my best to say something new about the subject. There are many parts of the job that we are elected to do that our constituents expect us to do. Making speeches is one of them, as is helping constituents with the issues we all come up against as we deal with the authorities that be. There are, of course, others we do not expect to be involved in. I can say now, after eight years in this place, that dealing with constituents who are themselves in some sort of distress, or getting in contact on behalf of their family members who are, is certainly one of those things that we cannot prepare ourselves for before being elected.

Whether it is the distance, the unfamiliarity with the language and the culture, or just an enhanced feeling of helplessness, there is always a heightened feeling around such cases. I am afraid to say that the added extra in such cases always tends to be the disconnect, which is fairly unique in these instances, between what the UK citizen and their family expect and what services are actually available to them, as I think was alluded to by the right hon. Member for Chingford and Woodford Green. In this debate today, we are talking about UK nationals imprisoned overseas, but much of what I will say will also applies to many of those who come into contact with consular services.

Let us remind ourselves of the words that form part of our passports—recently updated, of course—to which, again, the right hon. Member for Chingford and Woodford Green alluded:

“His Britannic Majesty’s Secretary of State requests and requires in the name of His Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”

Will my hon. Friend give way?

Very quickly—I am conscious of time.

Order. The hon. Gentlemen should wind up.

I could talk for three hours about this subject, which is very close to my heart and my constituents. I will sum up by referring to those words on the passport—and I hope the Minister takes note. This Government, and the one that is about to replace it, need to do much more to ensure that holders of that document receive

“such assistance and protection as may be necessary.”

That means funding consular services properly. To lead is to choose, and, frankly, they have chosen badly.

It is a delight to contribute to this debate under your chairmanship, Ms Ali. I congratulate my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) on her excellent introductory speech.

For any British national, the idea of being wrongfully detained abroad or denied true legal processes is bone chilling. Kept away from friends and family, dealing with foreign laws and customs, in some cases subject to arbitrary processes, and with an uncertain outcome, it is a situation none of us would want for any of our loved ones. We saw how hard my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) worked, along with the family, on freeing Nazanin Zaghari-Ratcliffe. There are many of us who are also doing similar work in our constituencies. I had the case of Aras Amiri, who was in the same prison as Nazanin Zaghari-Ratcliffe.

When someone is detained abroad, many people have the expectation that an official from the British high commission or embassy will provide advice and support until they are returned to the UK. It is a great credit to our hard-working officials that they put in the hours abroad, attending many visits to prisons and providing that important link back with home. I know that all Members will pay tribute to the important consular work that goes on day in, day out.

Sadly, however, that is not the case in every situation. We know from the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), who has talked about Jagtar Singh Johal, the opportunity that the UK has right now to be talking publicly about that case. We know from the work of the Foreign Affairs Committee—which my hon. Friend the Member for Rhondda (Sir Chris Bryant) has sat on for quite some time, and that published a report about the shortcomings of the current offer for people who are in trouble abroad—that too often the Government’s efforts to secure the release of British nationals unjustly obtained abroad have been, according to the families, arbitrary, haphazard, uncoordinated, and lacking resource and transparency.

It is a great pleasure to be here today, Ms Ali. I am here in the place of the Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan). She has responsibility for consular policy, but she is travelling; I am very pleased to be here in her place. I am grateful to the hon. Member for St Helens South and Whiston (Ms Rimmer) for securing the debate and for the passionate contributions of other colleagues across the Chamber.

I will set out some general principles of our consular and detention policy before covering some of the specific questions asked about individual cases. Consular assistance to British nationals abroad remains at the heart of our work at the FCDO. Our trained staff are contactable 24 hours a day, 365 days a year, and they offer empathetic and professional support tailored to each individual case. They have a huge case load—some 20,000 to 30,000 cases annually—and we continue to review and improve the service that they offer; we always welcome feedback on how it can be improved.

Consular staff help about 3,000 British nationals who have been arrested or detained abroad each year, and their welfare and human rights are our top priorities. Consular officials are contactable 24/7, including if a British national is detained, and our support can include seeking consular access and providing relevant information to detainees. We can also raise specific consular cases with foreign authorities and support the families of those detained. Of course, this is considered on a case-by-case basis. I should like to be very clear that we thank our consular staff for the tremendous work that they continue to do.

As a general principle, we are guided by international law and the Vienna convention on consular relations. Our ability to offer support in a particular country is of course constrained by the laws and practice of that country. In detention cases, the detaining authority has jurisdiction and control over detained British nationals, and the British Government may not interfere in the foreign legal process. But we can and do intervene when British nationals are not treated in line with international standards or where there are unreasonable delays in proceedings. Of course, there are a number of areas where, sadly, consular staff cannot help. We cannot offer or pay for legal services, pay outstanding fines or ask for British citizens to receive preferential treatment on the basis of their nationality.

Can the Minister confirm that that includes the accusation of torture in relation to my constituent Jagtar Singh Johal, who is in the Indian Republic?

Yes, indeed—we consider all these cases. If I may, I will come on to that case, because the hon. Gentleman has been a champion of it. Let me assure him—I am sure he knows this—the Government have raised concerns about Mr Johal’s case with the Government of India, including allegations of torture and his right to a fair trial, on over 100 occasions, and we will continue to do so. We take the UN Working Group on Arbitrary Detention’s opinion in this case very seriously. We have consistently raised concerns about Mr Johal directly with the Indian authorities and we will continue to do so, as I say. Having carefully considered the potential benefits and risks to Mr Johal of calling for his release, as well as the likely effectiveness of doing so, we do not believe this course of action would be in his best interests. But as I say, we will continue to raise his case with the Government of India.

Let me turn now to two cases mentioned by the hon. Member for Hornsey and Wood Green (Catherine West) and the hon. Member for St Helens South and Whiston. The first is the case of Morad Tahbaz in Iran. We are pleased to see that British national Morad Tahbaz has been released on furlough. That is a first step, and we remain focused on his permanent release. Of course, the UK is not party to negotiations between the US and Iran; the details of any agreement are a bilateral matter for those two countries. But we do think that his release on furlough is a positive step.

I turn now to the case of Mehran Raoof, also in Iran. We are supporting the family of Mr Raoof, who is a British-Iranian national and has been detained in Iran since 2020. Of course, his welfare remains a top priority. It remains entirely within Iran’s gift to release any British national who has been unfairly detained and so we should urge Iran to stop this practice of unfairly detaining British and other foreign nationals and urge it to release Mr Raoof.

I turn now to the case of Mr Alaa Abd El-Fattah, in Egypt. Of course, we remain committed to securing consular access for dual British-Egyptian national and human rights defender Alaa Abd El-Fattah. We continue to raise Mr El-Fattah’s case at the highest levels with the Egyptian Government. We remain committed to supporting him and his family. My right hon. Friend the Foreign Secretary met family members on 6 February, and Lord Ahmad has met family members several times—most recently on 6 July. Our ambassador in Cairo and consular officials are in regular contact with family members and they met most recently on 5 April. Of course, we will continue to offer all the consular support that we can.

In the course of this debate, the question of whether the Foreign Office considers Mr Lai to be a British national has been raised. Could the Minister please elaborate on that because it is key to the sort of approach that we in this House take, but also which legally the Foreign Office should be taking? I have met the wonderful leader of the Hong Kong mission. I know he is doing his utmost but this has to be pushed at a much more senior level in order to get a result. I know that that is the view of the House.

I am grateful for the opportunity, and I will reiterate the language used by the Foreign Secretary and referred to by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith): Mr Lai is a dual British national born in China, and the reality of the matter is that Chinese nationality laws are very clear in that they do not recognise dual nationality and therefore have not allowed us consular access to Mr Lai. We are therefore using our channels with the Chinese and Hong Kong authorities to continue to raise his case.

May I ask my hon. Friend something very clearly? The question was: do the British Government recognise Mr Lai as a British citizen and passport holder? The answer came back that he is a dual national. The Chinese Government say that he is a dual national and do not recognise it, so what do the British Government say? Is he a British citizen and a British passport holder? That was the question.

Mr Lai has a British passport. He is a dual British national born in China.

He is not a dual national; he never was!

He is a dual British national and we will continue to look at this case. We will continue to use our channels with the Chinese and Hong Kong authorities to raise his case and call for his release.

I thank everyone for contributing today because this is an important matter and something that has deserved the attention it has had in this debate. Hopefully we can get some movement from the Government and we can get this man’s citizenship sorted. I think he and his family know his citizenship better than anyone—far better than the Chinese would know. It is surely a con, isn’t it? I thank all Members who have contributed to this debate. We need to keep going. We need to do this as soon as possible. Please grab hold of it, Minister. We would congratulate you if you got things started now.

That this House has considered British nationals detained overseas.