That this House takes note of the detention of Nazanin Zaghari-Ratcliffe and the case for further action by Her Majesty’s Government to secure her release.
My Lords, for five and a half years, Nazanin Zaghari-Ratcliffe has been held in Iran, often in isolation and separated from her baby daughter, robbing her of motherhood and Gabriella of her childhood. Like many noble Lords, I visited Richard Ratcliffe, her husband, outside the Foreign, Commonwealth & Development Office during his recent hunger strike. No one can fail to admire his determination and incredible resolve in his campaign to seek the release of his wife.
Just a couple of weeks ago, I had the opportunity to be at the Magnitsky awards in Westminster Central Hall when I saw that same resolve in a young person. All those present witnessed the deeply moving part of the ceremony when Nazanin’s daughter Gabriella accepted the award for Courage Under Fire on behalf of her mother. Gabriella was just 22 months old when her mother, a project co-ordinator for the Thomson Reuters Foundation was arrested in April 2016 at Tehran Airport, just as they were travelling back to the UK. Iran claimed that she was a spy and, in September 2016, she was sentenced to five years’ imprisonment.
In March 2019, the then Foreign Secretary, Jeremy Hunt, announced that the UK Government were giving Nazanin diplomatic protection. At the time, the Government said that this
“represents formal recognition by the British Government that her treatment fails to meet Iran’s obligations under international law and elevates it to a formal State to State issue.”
Nazanin is the first British national to be granted diplomatic protection since 1951, so can the Minister tell us how the Government have treated her case differently from other consular cases? Under Theresa May’s premiership, at least six trips were undertaken by five different Ministers to solve Nazanin’s case. Why has no Minister been sent to Iran for this purpose under Boris Johnson’s premiership, despite the assertion of diplomatic protection? Nazanin’s status of diplomatic protection means that her ongoing torture is an injury to the United Kingdom itself. What are the Government doing to exercise diplomatic protection for Nazanin and to challenge the fact that she has been tortured?
On 17 March 2020, Nazanin was released from prison under house arrest and allowed to stay at her parents’ home in Tehran. This was partly because of coronavirus. The conditions of her house arrest included wearing an ankle tag and remaining within 300 metres of her parents’ home. In September 2020, it was announced that Nazanin was facing a new charge. A new trial commenced in November 2020, but it was adjourned. Nazanin’s original sentence ended in March 2021. She had her ankle tag removed. However, a week later, she had to attend court for a hearing on a new charge against her, relating to her attendance at a demonstration outside the Iranian embassy in London 12 years ago. She was sentenced to a further year in prison, to be followed by a one-year travel ban. In October 2021, she lost her appeal against this sentence. She now faces the prospect of being returned to prison at any time and of not seeing her husband and daughter until 2023.
My Lords, I express gratitude to my noble friend Lord Collins for initiating the debate and laying out the arguments so clearly. Really, all we need is the Minister’s response to his speech, but the rest of us are here in support. I was talking to a Member of this House who has spoken on this subject on previous occasions but said that he was not disposed to speak again today. I said that I wanted to speak again today to show support for Richard Ratcliffe and Nazanin. We need to show that support.
When we had our debate on this recently, I said to the Minister, the noble Lord, Lord Goldsmith, that we would keep on going—what other choice do we have? We feel that this is an abuse of human rights and the rights of the family, and that what has happened to Nazanin is totally illegal. We will just keep going. If that sounds repetitive, it is, because we have no other choice—what else can we do? If the Minister could suggest some other course of action to us, we would take it.
I will repeat one or two of the questions that my noble friend put in his opening speech. How is it that the United States has got its nationals released, as have Australia, France and Germany? What have they done that we cannot? What have they conceded? Have they done something that is wrong in principle? They have managed to get their nationals out; surely to goodness we should be looking at what they have done and at why we cannot do the same.
Many of us went to see Richard Ratcliffe when he was on hunger strike outside the Foreign Office. He is a brave man; he is committed; he is principled; he understands the issues—he has a better understanding of the politics of what is going on than most of us, I dare say. His level of commitment and faith that he will eventually get his wife back here is evident. It takes a lot of tenacity for an individual to keep going like that. He stayed on hunger strike a long time; he was very hungry and cold. Someone said he should stop, for the sake of his wife and daughter, because his health could be in danger. Some of his family are doctors and said the same thing, so I am glad that he stopped. But what an effort of principle it was on his part. Perhaps some of us should have joined him on his hunger strike—although that may have been asking too much of parliamentary colleagues. Richard certainly set an example of tenacity of purpose.
My Lords, I was introduced to the House barely a month ago, having recently taken up my post as Bishop of Chelmsford, that vast and wonderful diocese that covers the whole of Essex and east London. It is a privilege to serve this diocese, which is complex, diverse and full of opportunities and challenges. Today, I thank everyone here who has offered me the warmest of welcomes. I am immensely grateful, in particular, for the help and support that I have received from staff and officials.
I have a deep and personal interest in the subject of this debate. Not only have I met Richard Ratcliffe and followed the story of Nazanin over the years, but I myself originally come from Iran. Born and brought up there, I left as a teenager during the Islamic Revolution, following difficult and traumatic circumstances. I was born into a Christian household, my father having been a convert from Islam to Christianity, in a small village in the centre of Iran. We were part of the tiny Anglican Church in Iran, which, when I was growing up in the 1970s, was made up primarily of converts and second- and third-generation Christians.
Our small community was hit hard when the revolution ushered in a period of unrest and chaos, and the church experienced a season of intense persecution. Properties were confiscated, financial assets were frozen and one of our clergy was murdered in his study. My father, who was by then bishop of the church, was briefly imprisoned before an attack on his life, which he survived but in which my mother was injured. In May 1980, my 24 year-old brother had his car ambushed on his way home from work. Two men got in next to him, and after a brief conversation witnessed by passers-by, he was shot in the head and died instantly. No arrests were ever made, no court case was followed and no explanation was offered for his murder. It was soon after this that I found myself in this country, originally with refugee status and eventually as a British citizen.
My Lords, it is a pleasure to congratulate the right reverend Prelate the Bishop of Chelmsford on her excellent maiden speech and to welcome her to this House. She brings an extraordinary array of talents, including, I am pleased to see, academic and musical distinction, and a unique set of experiences as a member of a persecuted church in Iran. We heard how she suffered huge family trauma at the time of the Iranian revolution, arrived in the UK as a refugee and then built a life of service in the Church here. As I am sure noble Lords agree, we will learn a lot from her contributions, and it is a privilege to follow her in today’s debate.
I start by paying tribute to Nazanin’s husband Richard. I have never met Richard, but I have learned a lot about tenacity, courage, honesty and devotion from watching him fight for the release of his wife—his daughter Gabriella’s mum. I send my very best wishes, as I am sure other noble Lords do, to Richard and Gabriella today.
I want to ask the Minister about one issue, which is that raised by all former speakers, of the debt of approximately £400 million. I realise this is sensitive, given the other things going on, but we know that this debt stems from a weapons deal with the Shah of Iran in the late 1970s, for which Iran paid £600 million and received only a fraction of the vehicles ordered. The culture of secrecy around this issue is extraordinary. To some extent, it is understandable but, beyond that, it is extraordinary.
We do know a number of things about this, however. First, the FCDO has been told on numerous occasions by Iran that the settlement of this debt is vital for securing the release of Nazanin. Secondly, in the course of 20 years of arbitration in the Hague, the UK lost both a claim against it by Iran for payment and its own counterclaim launched in 1996. It also lost a final appeal against these rulings in 2009. This debt is therefore clearly owed by us to Iran, and the law requires it to be paid, whatever our private views on the issue might be. Thirdly, as my noble friend Lord Collins eloquently set out, we know of many former Foreign Secretaries’ views, and we know in particular that Jeremy Hunt came to the view that this money was not an illegitimate demand or an attempt at extortion but an unpaid debt. Fourthly, we know that in September 2020, the UK Defence Minister Ben Wallace wrote to Richard Ratcliffe to say that the Government officially acknowledge that this is a debt that must be paid.
My Lords, what a beautiful, beautiful, moving contribution that was from the right reverend Prelate the Bishop of Chelmsford. It is perhaps the finest I have heard in my 20 years as Member of the House.
Having read the 16 November Commons debate and the procedural opinion of the Commons authorities on sub judice, I have to say, surely, whether or not the High Court upholds, IMS’s liability to repay MODSAF should have no bearing whatever on what is essentially a moral argument—one of right or wrong. My comments do not relate to the legal position or the concern of the Commons authorities—only the moral argument.
What is obvious is that in recent months the view of the Commons has become clear and is well documented in Hansard. I cannot understand why the Commons authorities intervened in the way they did. No doubt, the Iranian embassy in London will be closely following events in Parliament. It will now, as we speak, be on live feed, listening to this debate. It will evaluate statements made by Ministers, including our Prime Minister, whose contribution to this debate has been less than helpful.
Let us be in no doubt that the louder the calls for a settlement, the more likely it is that the Iranians will hold out in the belief that a financial settlement is likely to come sooner rather than later. That is the Catch-22 position we are now in. Transparency will inevitably have its price. The louder Parliament shouts, the more resolute they will become. When caught in the headlamps of such a dilemma and in such contradictions, it is best to turn to the principle. To me, it is clear: we owe them money. The so-called niceties, norms, modalities and complexities of international diplomacy are obstacles, but they should be set aside. We have all been brought up to pay our debts, and so should the state. Arguments over the background to the debt are a hindrance, only exacerbating a position that is increasingly indefensible. We owe the money. It is their money. It is not our money. The response of the Government lacks all credibility. I say: pay up, and pay up now.
My Lords, the facts about the arrest of Nazanin Zaghari-Ratcliffe in April 2016 and her subsequent imprisonment are well known to this House and have been expertly and movingly explained and expounded on by my noble friend Lord Collins and other participants in this debate, so suffice it to say her ordeal is continuing. Her husband, as he began his recent hunger strike outside the Foreign Office, said,
“The reason I’m camped here is that Nazanin has been held for five and a half years, the British Government has not done nearly enough and I have lost faith in their approach.”
Who can blame him for that? Certainly not the group of parliamentarians, including me, from both Houses and all parties who visited him during his hunger strike to show support. It is astonishing that our superb, experienced Foreign Office and Diplomatic Service and, indeed, HMG, have seemed so useless and clumsily inept in this case. I am not sure whether I am more angry or ashamed. In fact, I am probably both about what has happened here.
It has been clear from the start that this and other similar actions from Iran are linked to settlement of the payment of the debt owed by Britain to Iran—a debt confirmed in international arbitration and now accepted as valid by Her Majesty’s Government. Yes, it is reprehensible of Iran to use human beings as hostages and, yes, there are sanctions about transferring money to Iran, not least from the United States. However, the fact is that, although the UK has a correct policy not to pay ransom for kidnapped hostages, this is not a ransom, as other participants have said; it is an acknowledged legal debt to be repaid. As for US sanctions, in May 2016, President Obama paid a similar debt owed by the United States. This was paid in cash and delivered by plane, and therefore did not violate US sanctions in paying the debt back to Iran.
My Lords, we are all grateful to my noble friend Lord Collins of Highbury for bringing forward this opportunity to debate this scandal. He has been dogged in his determination in relation to Nazanin’s case and I know that all noble Lords intend to follow his lead.
I also add to the enormous congratulations to the right reverend Prelate that we have heard already. I have not been around as long as my noble friend Lord Campbell-Savours, but that was certainly the most powerful maiden speech that I have heard or read in either House of Parliament in an adult life of paying close attention to such things.
I declare an interest as a member of 39 Essex Chambers, a status which I have the privilege of sharing with Edwin Glasgow QC, who, as noble Lords will appreciate, wrote a piece in the Times today. I associate myself with that “Thunderer” article and wish to repeat and expand on some of it. This is an occasion on which I will not apologise for an element of repetition because, as my noble friend Lord Dubs said, we need keep repeating these arguments until the Government perform what is a fundamental duty of any Government.
It has been said, and let us say again, that this is not a transactional matter. We should pay our debts, which are clearly owing in law. These are debts that have been found owing by our own courts and international tribunals, and they are accepted by Her Majesty’s Government. However, it is not a transactional matter not to pay your debts and not to abide by the rule of law; that will inevitably toxify your relations with the country that feels wronged and make it far less possible to suggest that that country, whoever it is, also upholds international norms. The debt must be paid; every moment it is not, we continue to toxify relations when we should be offering a moral lead, as suggested by the right reverend Prelate, and obeying the rule of law.
That is all that Nazanin Zaghari-Ratcliffe and her family have ever asked of their Government. It is a pretty modest request from not just a citizen but one who is supposed to have diplomatic protection. What is diplomatic protection from Her Majesty’s Government worth these days? That is a valid question for any British citizen to ask of the present Government.
My Lords, I too start by paying tribute to the right reverend Prelate the Bishop of Chelmsford for her maiden speech. I appreciate her terrible loss. I was a student at Oxford with her brother, Bahram. I remember a Sunday lunch when we all gathered to wish him well before he went back to Iran after the revolution. We said that he must be careful, but he dismissed us. I can see him now. He said that it was his home and he would be fine. Soon after, we heard of his awful killing. I was astonished as the right reverend Prelate gave the most forgiving, humane speech, paying such tribute to her country of birth despite the pain that she has suffered. I also thank her for her support for Nazanin and her family.
How many times have we raised Nazanin’s case? How much more agony will this poor family, and those of the other British hostages in Iran, need to suffer? It tugs at me that Nazanin and her family have not only been put through hell; I also think of the long-term effect on them. I know that my own children could not be more important to me, and I know that the Minister feels the same about his. Nazanin will suffer because of the potential effect on Gabriella and all that both have lost, as she has grown from babyhood to going to primary school. There is also the fact that Gabriella may be an only child, taking from Nazanin and Richard the possibility that they might have wanted their family to grow.
I hope that we are not going backwards here. I note that, when Richard was bravely and desperately on hunger strike, few Tories came to visit him, with the notable exception of Jeremy Hunt. Of course it is the Iranians, or at least the Revolutionary Guard, who must be held to account here, but perhaps the Minister can take back to his colleagues that Nazanin’s case is cutting through to the public more than they might think. I was knocking up, as you do if you are a Lib Dem on election days, in the by-election in Amersham. A local builder said to me that he was about to vote for us because—this really surprised me—“that poor lady would not still be in prison in Iran” had the then Foreign Secretary not said what he did. This builder did not therefore rate him as Prime Minister.
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It is now well over 2,000 days since Nazanin was first detained. This is an unimaginable ordeal for her and her family. Recent talks between the Government and the Iranian Deputy Foreign Minister did not result in any progress. Nor has there been progress in the cases of other British nationals, including Anoosheh Ashoori and Morad Tahbaz. Both men are not in good health. Like Nazanin, they are being arbitrarily detained on spurious, fabricated charges. Anoosheh Ashoori has not been allowed out of prison. His family applied for diplomatic protection for him in April 2021. What consideration has been given to this request? What was the outcome? Morad Tahbaz was one of eight conservationists held by the Iranian authorities. Amnesty International has said that there was evidence that those eight had been tortured to obtain false confessions.
During the last debate on the detention of British nationals, noble Lords across the House raised the debt of £400 million which Britain owes Iran. The money was paid by Iran to the United Kingdom more than 40 years ago for 1,500 Chieftain tanks, which were never delivered. The Government have said that bank transfer transactions are not possible because of restrictions but, as we all know, if the Government had the will to settle the debt, one way or another, the payment would be made.
No one is suggesting that our Government should pay any sort of ransom. If the money is owed—and there is no question but that that is the case—the debt should be settled. When the Prime Minister was Foreign Secretary, he made a promise to Richard Ratcliffe that the debt would be paid. Significantly, in 2014, the current Defence Secretary described the unpaid debt as “a sorry story”. He said that the whole issue had been,
“marred by double dealing and obfuscation.”—[Official Report, Commons, 11/3/14; col. 103WH.]
More recently, a number of distinguished former Foreign Secretaries—Conservative and Labour—have said that the debt should be paid. That is also the view of many international and legal commentators and it is the view of the Opposition as well. Jeremy Hunt, a former Foreign Secretary, said that it was not about paying a ransom; it was about the UK’s credibility and doing what is right.
In our last debate on this subject on 15 November 2021, the noble Lord, Lord Goldsmith, insisted that
“it is not helpful in any way to connect wider bilateral issues with those arbitrarily detained in Iran.”—[Official Report, 15/11/21; col. 16.]
Does the Minister acknowledge that Nazanin and her family have been told on numerous occasions that payment of the £400 million IMS debt is key to her release? I hope he will respond to this.
On numerous occasions, we have been told by the Government, including the Minister, that they are doing their best, but, for more than five years, British Governments have tried and failed to secure the release of Nazanin and the other British nationals. If there was a government strategy during this time, it has clearly failed. Richard Ratcliffe puts it in a slightly different way, describing the Government’s policy as a “policy of waiting”. Now is surely the time to be vigorous and determined. Nazanin, Anoosheh Ashoori, Morad Tahbaz and all the British nationals—that is what they are—need to be brought back home. The time for discreet pressure and cautious words is long past.
I suspect that the question that is in the minds of most noble Lords today is: how is it that, in recent years, countries such as the United States, Australia, France and Germany have all successfully negotiated the release of their citizens arbitrarily detained in Iran? Perhaps the noble Lord can tell us what those countries have been doing right and what we have been doing wrong. All noble Lords want to hear from the Minister today that the Government have a strategy and a plan of action for bringing our people home.
I conclude with questions on what actions might be part of that plan. How will the Government use the political will behind the Canada-led Declaration Against Arbitrary Detention in State-to-State Relations, which they joined in February this year, to challenge Iran’s systematic hostage-taking? Will the Government acknowledge that Nazanin and other British nationals arbitrarily detained in Iran, including Anoosheh Ashoori, are hostages in accordance with the Taking of Hostages Act 1982? Will the Government commit to finding international solutions to Iran’s systematic hostage-taking at the upcoming democracy summit, initiated by President Biden, on 9 and 10 December?
The Free Nazanin campaign submitted an evidence file identifying 10 perpetrators of Iran’s hostage-taking, requesting that they be subjected to asset freezes and travel bans, using the Magnitsky sanctions. I know how the Minister will reply: he will resist any questions on planned designations. But I hope today he will confirm that Magnitsky sanctions will form part of the plan of action.
I look forward to hearing not only the Minister’s response but the contributions of all noble Lords across the House this afternoon. In particular, I welcome the maiden speech of the right reverend Prelate the Bishop of Chelmsford, and I look forward to hearing her contribution. I beg to move.
Jeremy Hunt, as Foreign Secretary, and the Defence Secretary both said that the money that we owed was not ransom, and an international court supported that. I do not understand two of the comments made by Ministers in earlier debates: that the issue of the money was complicated and that raising it was unhelpful. Will the Minister say what is meant by “complicated” and “unhelpful”? It is a straightforward commitment. The Prime Minister, when he was Foreign Secretary, said that we owed the money; everyone else says that we owe the money. What is unhelpful about saying that we as a country have a debt and we pay our debts? That is our principle. We support the rule of law. It is precisely because the Iranians are not supporting the rule of law that this terrible situation has arisen, and those of the other British nationals held there.
What, therefore, is complicated and unhelpful about raising this issue? If the £400 million is not a ransom, and the present Prime Minister promised that the debt would be paid, what is happening? Why cannot that debt be paid? Everyone who was at the hunger strike supporting Richard asked why the ransom was not being paid. Nobody can understand it. Somewhere in the depths of the Foreign Office there may be some explanation of it, but we have not heard it at all.
The Government used the status of diplomatic protection to try to give Nazanin some help. I wonder how we have used that diplomatic protection. When she was back in court recently and got a further sentence, the British Embassy, as I understand it, did not go to the court to support her. On another recent occasion, officials from the German Embassy went to the court. They were not allowed in to the trial of one of their nationals but they had a chance to talk to the judge—that surely was at least something. Why is our embassy not willing to go there and be supportive? When her daughter, Gabriella, sent presents, no embassy official delivered them—an embassy driver took them to where she was under house arrest. I do not understand why we are being so shabby. Why are we not doing more? Why are we not up front in our support for this wronged woman who has been treated so appallingly badly?
In February, I think, Canada led an initiative, which we backed, against the arbitrary detention of foreign nationals. What are our Government doing about that? If ever there was a case of arbitrary detention of foreign nationals, it is the British nationals in Iran, including Nazanin. Did not Dominic Raab, when he was Foreign Secretary, acknowledge that she was being tortured—that the way in which she was being detained was tantamount to torture? Torture is surely one of the worst things. Every international convention is against torture; as a Government we are totally against it. It is appalling and abhorrent. Why are we not saying more about that?
Lastly, in terms of action, my noble friend talked about Magnitsky sanctions. We have to do something. If the Government are not willing to act, we have to do something, and Magnitsky sanctions at least offer some way forward.
May I put a question to the Minister that I have asked him before? I believe that there is something else going on. I do not know what it is but there is some reason, in the depths of the Foreign Office, why we cannot move and pay the money. There is something holding us back. We cannot be afraid of US sanctions, because the Americans have breached their own sanctions, so what are we afraid of? What are we apprehensive about? How will our status in the world be undermined? Surely to goodness, we are entitled to know what the argument is. The Minister can play a very dead bat; he has a wide respect in the House for the person he is, and I know he is trying to be helpful. I do not blame him for this, but he is the only person we can shout at here, so I am shouting at him. There is some reason why this is not moving forward, and I would dearly like to know what it is. One day, in 30 years’ time, when the books are open, we will find out, but we would like to know now why this is not happening. I urge the Government to move quickly for the sake of a decent woman, a little girl and a husband who has been battling for her release.
I have experienced first-hand the sting of injustice—injustice born of being caught up in events that are bigger than we are and in the face of which we are powerless. I remember well the chilling experience of a hand hovering over my father’s as he went to pick up the phone while our home was being raided by the authorities. It was a hand that prevented him calling for assistance as he helplessly watched the house being ransacked and his belongings destroyed. None of this, however, has left me bitter or with ill will towards my homeland or my countryfolk—far from it. I retain a deep love for Iran and her people, and a desire to work for reconciliation with those of other faiths and across all the divides that we create as human beings.
All of this brings me to today’s debate and to Nazanin Zaghari-Ratcliffe, her husband Richard, and their daughter and wider family. Resolving this situation, this great injustice, to reunite a family who are innocent pawns in power struggles that have nothing to do with them requires the best of both civilisations involved—Persian and British. Iran is a land with a rich culture. It has produced some of the greatest poets, architects, artists and scientists over its long and distinguished history. At the time of King Cyrus the Great, the Persian Empire arguably gave birth to the notion of religious tolerance. Cyrus was King of Persia in the sixth century BCE. Having conquered Babylon and liberated the Jews from captivity, he decreed that the Temple in Jerusalem be rebuilt, so that any Jews choosing to return could worship freely. Cyrus modelled a way for people of difference to live alongside one another in peace, and the Cyrus cylinder or charter still stands today as a testament to this ideal in the British Museum.
British civilisation is also built on principles of compassion, tolerance and justice. These are thoroughly British values from which I and many other refugees, immigrants and asylum seekers have benefited over the years. But, at their heart, compassion, justice and tolerance are more than words. To have their fullest meaning, they must be lived—demonstrated in deed as well as word. In the case of Nazanin, we must see these principles enacted now. We need meaningful action, which demands that both countries involved draw on the best of their traditions.
The British Government have acknowledged that this country owes a debt to Iran that is now 40 years overdue. As has already been said, this is not ransom money; it is a long-standing obligation. The payment of this debt would demonstrate something crucial about how Britain chooses to play her part in the world, with integrity and decency, honesty and trust- worthiness. If Britain fulfils her obligations, Iran too must act from the best of her traditions, which exemplify beauty, honour, truth and respect.
Finally, Nazanin and other British-Persian dual nationals, among them Anoosheh Ashoori and Morad Tahbaz, are embroiled in a great injustice not of their own making, in the face of which they are utterly powerless. There are, however, powers at play that can effect change and right this terrible wrong. I urge the Minister to use what authority he has to help unlock this intractable situation by paying the debt owed, so that we
“let justice roll down like waters and righteousness like an ever-flowing stream.”
This is what we know. Beyond this, the Government tell us—and, more importantly, have told Richard Ratcliffe and his family and supporters—precious little. So, my main question for the Minister is: can he explain give us a very simple reason why this debt has not been paid? Jeremy Hunt said recently that the reason for holding back payment is now about practicalities, not principle. Can the Minister confirm that is true? If it is because of practicalities, could he explain which practicalities are most relevant? Is it because the Iranian Government were made a sanctioned entity in 2008 under EU law, for example? Though, of course, since Brexit, we have famously taken back control of our own sanctions policy. Irrespective of that, since 2008, a UK court has ruled that the debt should be paid, and Iran has asked for it to be repaid via the central bank of Iran, which is not a sanctioned entity. I understand that the UK has never formally responded to that request; can the Minister say why? Perhaps the practicality is that any UK bank involved in any financial transfer would be subject to US Treasury secondary sanctions, which would be a legitimately serious obstacle. Is that the practicality blocking resolution?
Or is it a more straightforward explanation—that UK Ministers just cannot abide the idea of handing over such a substantial sum to an Iranian Government, given their appalling domestic human rights records, their involvement in atrocities abroad and the complexity of issues around the JCPOA, for example? As my noble friends Lord Collins and Lord Dubs said, other countries have successfully negotiated release. Similarly, various imaginative ideas have been proposed for circumventing some of the practical problems in the repayment of our debt—paying the debt in kind through medicines, for example, or insisting on explicit Iranian undertaking to use the money for certain agreed purposes. The Government have not engaged—or publicly acknowledged that they are privately engaged—with these ideas. Why not?
One response to this may be that we should not discuss this at all, as it will disturb the sensitivities around negotiations and disrupt the plan. But the problem is that those closest to this issue, the family and supporters of Nazanin, no longer believe there is any plan at all. That is the most concerning thing—that after so much unjustified suffering, the family of Nazanin not only do not know what the strategy is to end her detention but do not believe that there is anything resembling one. That is why Richard Ratcliffe said during his recent hunger strike of the current Government’s approach to his wife’s release:
“The policy is one of managed waiting, waiting for Iran to do the right thing, for a diplomatic solution. There is no strategy to get Naz home, which I said very bluntly to Liz Truss last week. That’s why I’m camping on the street, because after five and a half years that’s really clear.”
For the sake of Nazanin and her husband and daughter, more than any of us, I would be grateful if the Minister could provide at least some clarity about this issue today.
Perhaps I may say something more controversial. We should ignore our kith and kin in America who, at the moment, are suffering a worldwide-role identity crisis. Trump is a symptom of that. We need to begin a process of rapprochement with Iran and others. We need to rethink our approach to relationships with Islamic states and if, as we heard in the previous debate, we can talk to the Taliban, I am sure we can talk to the Iranians. As the world moves on from oil to renewables, the relationship between oil-dependent Islamic states and the advanced nations, particularly in the West, will change. It will be more problematic. Today’s differences of opinion could turn very ugly indeed, and therefore we should act with very great care.
Finally, the Minister today is bound by his brief and, despite his reputation for frankness, cannot say what he might believe, and I suspect he agrees far more with us than with the brief he has been given. The much respected mantra “We recognise the legal duty to repay the debt and will explore the legal options for doing so”, which we see repeated in all sorts of documents and speeches, is simply not good enough. I hope that the powers that stand behind the Minister are listening to this debate. They should think again and pay up. Parliament says pay up. We should pay up.
The Government need to get their act together and return Nazanin home to her husband and child, and to the country of which she is a citizen, where she has chosen to live, and whose Government have been letting her down so very badly.
We have heard that the Government have hidden behind EU sanctions despite Brexit, and even though they took the post-Brexit opportunity effectively to reinstate the nature of those sanctions. That is an excuse. My noble friend spoke of obfuscation and double-dealing in relation to words that the Government have used, such as “complicated” and “unhelpful”. Those of us on this and other sides of the House know what we believe to be unhelpful in relation to this poor woman’s case.
The United States has been mentioned, in particular by some of my noble friends, but the US Secretary of State, Antony Blinken, unequivocally confirmed on our much-loved BBC that this is a sovereign decision for the United Kingdom. As my noble friend said a few moments ago, the United States has discharged its own similar debt to Iran.
It is not a pleasant thing to have to say, but the Prime Minister also owes a personal debt of honour in this case. We all know about the gaffe that he made when he was the Foreign Secretary—a pretty tragic gaffe in relation to this poor woman’s case, but he made it. I suggest that that makes this a more personal debt of honour still. We know that he has promised that the debt should be paid. So a specific debt of honour is owed by this Government and this Prime Minister. There is also a wider duty to protect our nationals. I do not want to hear about dual nationality; we know where the Government stand on matters of that kind. This woman is a British national and has diplomatic protection, so the Government must pay their debt to Nazanin Zaghari-Ratcliffe and the Government of Iran. They must uphold the international rule of law.
Yet I pick up no real concern from that Prime Minister or the new Foreign Secretary—or the Middle East Minister, for that matter, unlike some of his predecessors. As others have noted, during Theresa May’s time, there were at least six visits to Iran by five different Ministers to try to resolve Nazanin’s case. Why has no Minister gone to Iran for this purpose under this Government? Despite Covid, Ministers have travelled, as the Minister recognises.
Why, therefore, are the Government failing to use the diplomatic protection granted to Nazanin? Do they recognise the dangers in undermining the credibility of such protections if we fail to follow through? Why do the Government refer to Nazanin and the other British hostages in Iran as “dual nationals” rather than “British citizens”, as other have mentioned? Is that to distance themselves? I am now a dual national of the United Kingdom and Ireland, which I sought, courtesy of my grandmother, post Brexit, so that I could still be an EU citizen. I am sure I am not the only dual citizen in your Lordships’ House. Am I, too, to be abandoned, if in difficulties somewhere around the world?
As we know, Nazanin has repeatedly been told by the Iranians that she is being held as collateral for the UK government debt to Iran, which the UK recognises and the courts have confirmed. I echo others’ questions on this: what exactly are the sanctions issues or legal problems preventing the Government settling this debt? Are we currying favour with the Americans? Have we delayed action at their request for geopolitical reasons?
Do the Government recognise Nazanin as a hostage under the terms of the Taking of Hostages Act 1982? Clearly, being held as a political hostage in this way is absolutely unacceptable, and the Iranian Government should be called out on that. But, in February 2021, as we have heard, the UK backed a Canada-led initiative against such states’ hostage-taking, so how will we now act on it? To echo the noble Lord, Lord Collins: will the Government consider Magnitsky sanctions against those who have already been identified as perpetrators of hostage-taking?
I look forward to the Minister’s response, but, even more than that, I look forward to the Government taking the urgent action that we know has the greatest potential to secure her immediate release, for her sake and for her family.