Human Rights Violations: Consular Assistance

Question

15:27:00

Asked by

To ask His Majesty’s Government whether they have any plans to create a legal right for British nationals to access consular assistance in cases of human rights violations.

My Lords, our consular operation offers British nationals a 24/7, 365 days a year service. We welcome feedback to help improve our support to British nationals, including from those who use our services and other stakeholders. The Government are examining options on strengthening support for British nationals abroad, including a right to assistance in cases of human rights violations, as set out in our manifesto.

In the meantime, will the Government issue a warning to academics and curious tourists not to visit Egypt, the United Arab Emirates, Hong Kong and China as these are locking people up and denying them consular access. Is the Minister aware that Australia, the United States and Ireland— I repeat, Ireland—have secured the release of citizens from the Chinese Communist Party prisons by taking a tough line on trade? Yet our Foreign Secretary went off to China with no trade demands—and not even having met Jimmy Lai’s legal team here in the UK—and came back empty-handed. Jimmy Lai, a British citizen, has been locked in solitary for four years and denied medical treatment. Why can the UK not take the same tough line as Ireland?

I thank my noble friend, but I think he knows very well just how seriously we take Jimmy Lai’s imprisonment. He will recall my questions to the previous Government on this. He will recall my statements on this, where we have taken a very strong position. Let me reassure my noble friend: the idea that the Foreign Secretary goes to China and does not raise these issues is ridiculous. I assure him that the Foreign Secretary said in his response to the Oral Question on Monday that it was because he had been out of the country visiting a wide range of countries he had not at that stage been able to meet the family of Jimmy Lai. But Catherine West has and will continue to do so and the Foreign Secretary said he would do so. I reassure my noble friend that we take this very seriously and will raise it at all levels.

My Lords, in 2019, at the conclusion of the last fair and free elections in Hong Kong, at which I was one of the international monitoring team, the last person whom I met was Jimmy Lai. He is a friend, along with his family. Of the 1,800 pro-democracy prisoners in Hong Kong, he is probably the best known and a British citizen. He is 76 years of age and his health is declining; he has even been denied access to his pastor and the sacraments. His family believe that he will not see out another year if he is left in that prison. Can the noble Lord tell us when we last formally asked for consular access to Jimmy Lai in Hong Kong and why we have not called in the Chinese ambassador to ask that Jimmy Lai should be allowed to leave and return to the United Kingdom?

Again, let me reassure the noble Lord that we do take his imprisonment seriously. He knows very well that I raised these issues, together with him, when others did not. I assure him that the Foreign Secretary has raised the case. In fact, on 18 October, the Foreign Secretary raised it with Foreign Minister Wang Yi; and it was certainly raised under the previous Government on 5 December. We take this incredibly seriously. The problem remains with some issues of consular access because of dual nationals. The noble Lord knows that he and I have taken up other cases on that basis, but rest assured that we will continue to put much pressure on the Chinese Communist Party officials who are taking this action. We are extremely concerned about the continued imprisonment and I repeat that the Foreign Secretary will, as he assured the House of Commons on Monday, meet the family so that we can continue to give support at all levels.

My Lords, the Minister will be aware of a case that I brought to his attention regarding a British citizen held in a jail in the Gulf states. His basic human rights have been undermined and he is being held in conditions that fall far short of international standards. Considering that this type of case is not unique, when will the 2022 Labour conference promise of David Lammy to introduce a legal right to consular assistance be implemented, and will minimum standards be part of that Bill?

I hope I made it clear in my opening response that we are actively exploring with officials the implementation of our manifesto commitment. It is not just a statement from the Foreign Secretary but a manifesto commitment and we want to ensure that we get it right. We are having proper examination of this, both legally and diplomatically, so I hope that we will be able to make an announcement in due course. The problem with a lot of these individual cases—the noble Lord knows this as well—is that sometimes the efforts we put in cannot be as public as perhaps some people want. At the end of the day, as my noble friend raised in his original Question, we want to get these people out. We want to ensure that they are not detained arbitrarily and that proper due process is continued.

My Lords, I am the chairman of a forced marriage commission. The Minister may know that, particularly in Pakistan, the consular service in the past for victims of forced marriage has been absolutely brilliant. Are consular officials still being instructed to help victims of forced marriage?

I can reassure the noble and learned Baroness that, yes, that is the case. We are determined to continue to offer the best possible service to all our citizens who are affected by this. I have been involved in some individual cases myself, so she can rest assured about that.

My Lords, for the Government to provide consular assistance to British nationals abroad, it is obviously essential that they know who they are. Some years ago, when I lived in Japan, British nationals were required to register their names and addresses with the embassy. I was surprised to hear that that has long since ceased to be the case. Does the Minister agree that it makes sense to reinstitute such a requirement?

I was just looking at the eligibility criteria and it is quite clear that we offer this service to British nationals overseas. They establish their rights through establishing evidence of their citizenship. I am not sure what further steps we might need to take. The important thing is that people who are resident abroad can rest assured that our consular services will be available to them.

My Lords, in 2019, the Media Freedom Coalition was created by the United Kingdom. It now involves 51 countries. It has a high-level legal panel, which I currently chair, following in the footsteps of the noble and learned Lord, Lord Neuberger. The coalition was very clear in its report on consular services that those services should be available to those who are at risk. That is particularly the case for journalists, who are often harassed. The murder of journalists has become a serious epidemic globally because of authoritarianism and wanting to get rid of critics, as has the murder of other human rights activists. Are we taking steps to provide visas for those at risk who need to get out? Sometimes they have family members who need to travel with them. How good are we at providing consular services.

I start by congratulating my noble friend on her appointment as chair of the high-level panel. As she knows, during the United Nations General Assembly, she and I were at the same event, hosted by Canada, on media freedom. That was a coalition between Canada and the UK, undertaken by the previous Government, and we are committed to continuing that work. Our manifesto commitment is quite clear in terms of establishing a right for human rights violations. One of the things we discussed at the Canada meeting was how media freedom was a particular human right. So I will take her points and hopefully we can meet to discuss this further, because there needs to be input into the discussions we are having at departmental level.