Consular Assistance: Statutory Right

6. Whether his Department plans to introduce a statutory right to consular assistance.

18. What discussions he has had with Cabinet colleagues on introducing a statutory right to consular assistance.

We are committed to strengthening support for British nationals abroad, including introducing a right to consular assistance in cases of human rights violations. The Department is considering a package of measures, which we will announce in due course, alongside options for stakeholder consultations.

Every year, an estimated 5,000 British citizens are arrested abroad, many of them under false pretences. Many are used as hostages and denied access to legal representation, and their families are left without information, not knowing what has happened to them. High-profile cases at the moment include those of Alaa Abd el-Fattah in Egypt and of Jagtar Singh Johal in India. None of these people has an automatic right to support, as is the case with other countries such as the United States, so can the Minister give us more details about exactly what the consular assistance will be and whether it will be automatic for everyone?

The safety and security of British nationals overseas is a top priority for the Government. This is a complex area of policy—the hon. Lady has described the wide range of different consular cases that the Foreign Office responds to, from kidnap cases to more routine cases. As I set out to the Foreign Affairs Committee, given the complexity of these issues we will come back to Parliament in due course with options for consultation.

I remind the Government that their manifesto promised a legal right to consular assistance in cases of human rights violations. The Government have now been in power for close on a year. This is not something that should take a big shove; surely, we should do it straight away. Surely such assistance should be a legal right. People including Ryan Cornelius and Jimmy Lai are still being held. Ryan Cornelius has been held illegally for 17 years, which the UN has criticised as a human rights violation. For ages we did not send anybody to see him; surely now we must act and call out these regimes. The first place to start is by giving those people the absolute right to consular assistance.

I thank the right hon. Gentleman for his question and his commitment to these issues. Were it only so that passing a right in this place would secure the release of the people whose cases have been raised. In every case that has been mentioned by the right hon. Gentleman and by the hon. Member for Edinburgh West (Christine Jardine), the people concerned do receive consular assistance. I have met the families of Ryan Cornelius and Alaa Abd el-Fattah; they both remain very much in our minds. It is important that we get the rights correct. These are complex cases, and we are bound not just by what we decide in Parliament, but by the relevant conventions and diplomatic norms. We will take action to try to preserve the safety of British nationals overseas, but it is right that we take our time to ensure that we get it correct.

It is at times of crisis that British nationals abroad need consular services the most. I share many of my constituents’ concerns about the violence in India, Pakistan and Kashmir, including those of a 12-year-old boy who contacted me yesterday about his aunt and uncle who are stranded in Pakistan, as is one of my lovely neighbours. Although airspace has now been opened, what steps is the Minister taking to ensure that all British residents have access to consular services and are able to return to the UK as soon as possible?

My hon. Friend is a doughty champion for her constituents, including at all hours throughout the weekend, and I recognise her commitment and the commitment of many others in this House. The Foreign Secretary set out in a “dear colleagues” letter the details for ensuring that MPs are able to contact the Foreign Office in a timely way, and I encourage all those watching at home to sign up to our travel advice and to keep watching it carefully.

One British citizen denied consular access is Jimmy Lai, who faces life in prison for exercising the rights guaranteed to him under the joint declaration between the United Kingdom and China. My hon. Friend will have seen reports that America intended to raise the case of Jimmy Lai during its recent talks with China in Geneva. What steps can the Government take to capitalise on America’s renewed interest in his case so that we can secure his freedom?

We continue to call on the Hong Kong authorities to end their politically motivated prosecution and release Jimmy Lai immediately. As my hon. Friend would expect, I will not comment overmuch on the actions of other states, but I will say that the Prime Minister has raised this matter directly with the relevant authorities, as have the Foreign Secretary, the Chancellor and many others.