Jonathan Taylor: SBM Offshore

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on what steps HM Government have taken to secure the return of Jonathan Taylor to the UK in order to complete inquiries into corruption by SBM Offshore.

I am very aware that my right hon. Friend has been taking a very keen interest in this issue. Mr Taylor exposed corruption at the Monaco-based Dutch multinational SBM Offshore in 2012. He was arrested in Croatia on 30 July this year on an Interpol red notice issued by Monaco for charges of corruption and bribery.

At this time, we have no evidence that the arrest is linked to Mr Taylor’s whistleblowing on corruption at SBM Offshore. However, Mr Taylor has alleged that the arrest is linked to his whistleblowing activities. On 3 October, the Croatian extrajudicial council issued its decision to extradite Mr Taylor to Monaco. Mr Taylor has been on bail since 4 August.

Mr Taylor appealed against his extradition to the Croatian Supreme Court, which has advised that the UK should first be asked if it wanted to extradite Mr Taylor as a UK national. We understand that the Crown Prosecution Service has advised that it has no outstanding case against Mr Taylor. Therefore, the UK has notified the Croatian authorities that we are not seeking to extradite him. The Croatian court will now reconsider the issue.

We are following the progress of Mr Taylor’s appeal very closely and will continue to do so. We have approached the Monégasque prosecutor’s office to request the details of the specific charges against Jonathan Taylor. We have also spoken to Mr Taylor’s UK lawyer to understand the grounds on which he is appealing against the charges, and we are providing consular support to Mr Taylor. We have stayed in very regular contact with Mr Taylor and sought updates on the case from the Croatian judge.

Consular staff spoke to airport police on 30 July, when Mr Taylor was first arrested. They spoke to Mr Taylor and provided him with a list of local English-speaking lawyers. Staff have spoken to the judge for information on the local legal process and for regular updates on the progress of the case, to the prison social worker to check on Mr Taylor’s welfare, and to the president of the extrajudicial council. They have also spoken to Mr Taylor’s wife.

I welcome my hon. Friend’s obvious interest in this case. As she says, my constituent, Jonathan Taylor, is a whistleblower who has provided evidence to numerous agencies across the globe, including our own Serious Fraud Office. He is currently detained in Croatia under a European arrest warrant and is trying to prevent what he describes as a politically motivated extradition to Monaco.

My hon. Friend has stated the Government’s position with no ambiguity—the FCDO cannot and will not interfere in the judicial proceedings of another country—but in this case the FCDO has been explicitly asked by the Croatian court to provide a statement. She has highlighted the fact that the National Crime Agency is not seeking Mr Taylor’s surrender under the EAW, but we do not know whether the FCDO has separately responded to the court. If it has not, why not, and if it has, may we have details of the response? Although my constituent may not be wanted by the NCA, he has been providing information to the SFO regarding the actions of his former employer. Has that been considered when stating that Her Majesty’s Government are not seeking his surrender?

We know from other cases where British citizens are detained abroad that the FCDO does comment—indeed, the official Twitter account referenced one such case just six days go—so the UK does get involved, but apparently not in the case of whistleblowers. That sends a chilling message to others thinking of doing what my constituent has done in blowing the whistle on his former employers, SBM Offshore—a company that paid $240 million to settle criminal charges over improper payments to officials.

What consideration has been given to Mr Taylor’s human rights? Does my hon. Friend have absolute confidence that he will receive a fair trial in Monaco? What conversations has she had with authorities in Monaco regarding the case, and can we have details further to the one she referenced? I know she will not comment on the quality of the evidence provided, but its flimsiness has caused lawyers concern. It is not satisfactory to repeat that Her Majesty’s Government do not get involved. My constituent has whistleblower status and deserves the appropriate protection.

I shall endeavour to answer my right hon. Friend’s questions as best I can, but I think it is important to recognise that it is a requirement of the Vienna convention on consular relations that signatories do not interfere in the internal affairs of other countries. I am sure she understands that.

As I said, we have no evidence that Mr Taylor’s arrest is linked to whistleblowing on corruption at SBM Offshore. If evidence emerges or if there is an indication that the process is incorrect, we will of course look again.

My right hon. Friend asks about contact with Monaco. The British embassy in Paris has approached the Monégasque prosecutor’s officer to obtain more information about the charges against Jonathan Taylor, which are not specified further than bribery and corruption; we await a response. I assure her that we are providing consular support, and we are in contact with Mr Taylor and his family. We have also spoken to his UK lawyer and to the Monégasque prosecutor’s office to request the details of the charges. I can only reiterate that, if we receive evidence that Mr Taylor’s arrest is linked to his whistleblowing activities or that due process is not being followed, we will consider what further steps we can take to support Mr Taylor.

I start by extending my best wishes to the Foreign Secretary, who I understand is self-isolating.

I thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for securing this urgent question. There is no doubt that the case of Jonathan Taylor, as she said, sends a chilling message to others who find themselves in a similar position. That is why it was so disappointing to hear the Minister’s response today.

Does the Minister agree that the charges of bribery and corruption brought against Mr Taylor bear all the hallmarks of a retaliatory act by the Government of Monaco for the widespread wrongdoing his evidence helped to expose? Mr Taylor’s legal team, whom she referred to, have stated repeatedly that there is no basis in law for the red notice issued by Interpol for his arrest and have challenged its legitimacy as a clear abuse of process.

Mr Taylor has spent 100 days since his arrest in Croatia awaiting the outcome of legal proceedings that will determine whether his extradition to Monaco is granted. Why, during those 100 days, have the UK Government failed to make representations on his behalf to the authorities in Croatia or Monaco? The message that this inaction sends to potential whistleblowers is serious: that a British citizen who brings to light bribery and corruption overseas can be pursued by foreign powers without protection or intervention from their own Government.

The Monégasque authorities have failed to instigate a single criminal investigation of the corruption that Mr Taylor’s whistleblowing brought to light. I was pleased to hear that the FCDO has approached the Monégasque authorities, but I remind the Minister that it was only four months ago that the Foreign Secretary stood at the Dispatch Box and praised Sergei Magnitsky for his bravery in highlighting corruption and wrongdoing. Will she tell us what has caused the Government to review their position?

I will certainly pass on the hon. Lady’s good wishes to the Foreign Secretary.

On the case of Mr Taylor, I absolutely do not accept the charge that we were abdicating responsibility. I have tried to make it clear that, in the first instance, we are providing consular support. We are in contact with Mr Taylor and his family, as I am sure the hon. Lady would expect. We have spoken to his lawyer. We have spoken to the Monégasque prosecutor’s office to request the details of the specific charges. As I indicated earlier, if we receive evidence that Mr Taylor’s arrest is linked to his whistleblowing activities or that due process is not being followed, we will see what further steps we can take to support him.

I referred to the Vienna convention with regard to consular relations. I reiterate that we cannot interfere in the internal affairs of other countries, just as we would not expect similar interference here. Mr Taylor has appealed to the Croatian supreme court and that process should be allowed to run its course. We understand that Mr Taylor is facing charges of bribery and corruption, and we have approached the Monégasque prosecutor’s office to request more information.

I assure the hon. Lady, as I endeavoured to assure my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), that we take this matter very seriously.

The Vienna convention is important, but it does not overrule the Foreign Office’s duty to protect British citizens while they are abroad and it does not overrule the presumption of innocence. In Croatia in particular, it does not overrule the European Union whistleblowers directive of 2019. As a first measure, will the Minister remind the Croatians of their duties under that directive, which requires them to protect whistleblowers and, in my interpretation, requires them to return Mr Taylor home? Secondly, will she speak to the Monaco authorities? Monaco is known to be a tax haven, but if its authorities choose to interpret that to make it a centre for corruption and to defend corrupt practices and if they do not uphold justice, this country should review its double taxation arrangements with them, which would be very painful for them.

Under EU law, before deciding the Monégasque extradition request, Croatian courts should ask the UK law enforcement authorities if they wish to extradite Mr Taylor to the UK. It is however important that I explain that this is a CPS/police matter, and they do not wish to extradite Mr Taylor to the UK.

I commend the right hon. Member for Romsey and Southampton North (Caroline Nokes) for bringing forward this issue; it is important for the House to take stock of it. I note the Minister’s comments on the Vienna convention and the inability to interfere in Monégasque or Croatian legal proceedings, but UK nationals have a right to avoid malicious prosecution and there is credible evidence that casts doubt on the case against this gentleman. The Minister said that the Government had been in touch with the Monégasque authorities. When do we expect an answer? Will the Minister assure us that, if the evidence put forward is not credible, she will be vocal in her view that it is not credible and not a basis for extradition?

I assure the hon. Gentleman that we have approached the Monégasque prosecutor’s office to obtain more information. I cannot be certain about when we will get a response, but we continue to take the case seriously. As I have made clear, if further evidence comes forward, we will look at that.

In 2005, I was very unfairly arrested on a Europol red notice in Ukraine. I fully realise that the Government can do little, especially if this gentleman is accused of corruption, but will my hon. Friend ensure that Mr Taylor gets as much support as possible in Croatia—and Monaco, if he goes there—from the British Government?

I assure my hon. Friend that we have already given a lot of consular support to Mr Taylor and we will continue to do so.

May I join in congratulating the right hon. Member for Romsey and Southampton North (Caroline Nokes) on securing the urgent question, and thank you, Mr Speaker, for granting it? The all-party parliamentary group on anti-corruption and responsible tax has taken an interest in this issue for some time, and I thank the Minister for meeting us. We provided her with the evidence she needs that both links the case with Mr Taylor’s action as a whistleblower and shows that due process has not been followed.

Jonathan Taylor has blown the whistle on bribery and corruption across the globe, from Brazil to Angola, from Iraq to Equatorial Guinea and from the USA to the UK. He is a British citizen, and this brave man’s evidence has led to arrests, convictions and nearly $1 billion-worth of fines across many jurisdictions. Will the Minister explain what on earth the Government are waiting for? I simply cannot understand it. What else will it take for them to make the obvious, straightforward, necessary and important representations to both Croatia and Monaco to stop this ridiculous extradition process and bring Mr Taylor back home?

I am well aware and appreciate that the right hon. Lady takes a close interest in the case. As I said in my opening remarks, I met her and her fellow co-chair of the all-party parliamentary group on anti-corruption and responsible tax. I must reiterate, however, that there is a process and the Vienna convention to follow, and we have no evidence that the arrest is linked to Mr Taylor’s whistleblowing on corruption at SBM Offshore. Mr Taylor has alleged that the arrest is linked to his whistleblowing activities. On 3 September the Croatian extrajudicial council issued its decision to extradite Mr Taylor to Monaco. He appealed against his extradition. We understand that the CPS has advised there is no outstanding case against him.

What actions are the Government taking to ensure Interpol’s systems are not abused?

The UK has seconded a senior lawyer to the Interpol taskforce, working to prevent the abuse of Interpol’s systems.

We owe a debt of gratitude to whistleblowers such as Mr Taylor, and corruption thrives at times of chaos, such as in a pandemic, for example. Transparency International has shown that there is a risk of global corruption rising as a result of this pandemic. Does the Minister not accept that this Government’s inaction sends the wrong signal to the very whistleblowers who we need on our side right now, and further to that, what are this the Government doing to ensure that transparent processes are being followed during this pandemic?

What I do not accept is that this Government are not acting. I have repeatedly explained what we are doing in terms of support for Mr Taylor, particularly in relation to the consular grounds, and I have made it very clear that we have no evidence that his arrest is linked to whistleblowing on corruption at SBM Offshore.