To ask His Majesty’s Government what plans they have to reconsider their decision not to allow Shamima Begum and other British-born mothers and children to return to the UK from camps in Northern Syria in the light of the increased fighting in the area.
Shamima Begum had her British citizenship removed, as upheld by the UK courts. It is inappropriate for me to comment further while there are further ongoing legal proceedings. We are working closely with partners to understand the current situation in the detention facilities and camps, and to mitigate any shared national security risks.
Does my noble friend agree that the situation in northern Syria has become more dangerous recently, especially for those being held in detention camps? Notwithstanding the sub judice position referred to by my noble friend, would it not be right for Shamima Begum, a British-born person educated and brought up here and probably trafficked to Syria as a 15 year-old, to be allowed to return and face justice? Or do the Government seriously believe that she should stay in a prison camp indefinitely?
On the first part of my noble friend’s question, the Government are obviously deeply concerned about developments in north-east Syria. However, we welcome the agreement between the Syrian Government and the Syrian Democratic Forces to integrate military and civilian institutions, and we will continue to monitor what happens in northern Syria. Regarding Shamima Begum, my noble friend knows that I try to be helpful on these matters. However, I cannot be any more helpful than I was last time, which is to say that a process has been followed and there is further discussion in the European courts. I cannot anticipate or comment upon that matter until such time as those issues are resolved.
I declare an interest as a former legal counsel of Shamima Begum—there are many of us in that position. The Minister has repeatedly stated that the existence of legal proceedings in the European Court of Human Rights prevents him answering detailed questions. I am aware of no doctrine of the European court that imposes such a restriction. Why are the Government hiding behind the European court’s proceedings to avoid answering the Question from the noble Lord, Lord Dubs?
With due respect to the noble Lord, I am not hiding behind that. We have taken a judgment that we are in discussion on that matter in the European court with legal teams. I am not able to give a running commentary on those matters in this House. The noble Lord may not like that, but that is the position I have to give the House today.
My Lords, I re-emphasise that when Shamima Begum went to Syria, she was 15 years-old. She absconded from school. She was a child. What is the public interest in excluding her from the United Kingdom now? Are we just making political gestures? I of course acknowledge that the original decision was made by the previous Administration.
The original decision was made by the previous Administration, and it happens to be one that this Government upheld and support. I say again to the House that there are ongoing proceedings about her status, and the decisions were very clear. Under legislation which the previous Government took, we have examined this matter and are now in discussions in the European Court of Human Rights. I think it is best left to be determined in the way in which it will ultimately be determined.
I have said it before and I will say it again: we on these Benches are unequivocal in our view that Shamima Begum should never be allowed to return to Britain. However, the noble Lord is right to note the increase in fighting in northern Syria. One of the issues this raises is that British-born Islamic State fighters and sympathisers may be freed and then attempt to make the journey back to Britain, potentially by small boat crossings. In the interests of the security of the British people, what are the Government doing to ensure that no one who has fought for or assisted a terrorist group in that region is able to return to Britain?
The noble Lord makes a very valid point, and it is one that I support. The Foreign Secretary has already spoken to the Syrian Foreign Minister about the situation of those who have been and are being detained. We want to ensure that we continue to monitor the security situation in northern Syria, but the noble Lord makes a very valid point that the Government will bear in mind.
My Lords, the Independent Commission on UK Counter-Terrorism Law, Policy and Practice has recommended that the UK adopt a comprehensive repatriation policy for all British nationals detained in north-east Syria. None of the 50 to 60 British nationals—the majority of whom are children and their mothers—detained in the dangerous and deteriorating situation in north-east Syria have been charged with a crime, and they have been held there for roughly six years. If transferred to Iraq, which is now a real threat, they face an acute risk of torture, unfair trials and suffering for the children if they are separated from their mothers. Will the Government now fulfil their responsibility and do what the United States, France and Germany have already done: repatriate these British nationals?
All requests for consular assistance and, indeed, repatriation will be taken into account by the Government. The British Government will particularly look at the issue of unaccompanied minors and orphans when brought to our attention, and we will facilitate their return, where feasible, on a case-by-case basis, subject to the national security issues and concerns that have been raised to date. I recognise that there are no consular assistance facilities in northern Syria, but there are ways in which that can be examined, and if cases are brought to the Government’s attention, we will look at them.
My Lords, the Government keep citing vague evidence that Shamima Begum is a threat to national security. When the Government are able to, will they put that evidence before an independent inquiry so that it can be scrutinised, and we can be assured that the rule of law is being followed properly and she is not being used as a political football?