Consular Assistance Bill: UK citizens detained overseas should have a right to government help if their human rights or lives are in danger – Christine Jardine
If, like me, you are a Bridget Jones fan and remember “the Edge of Reason”, it might just have left you wondering “what would happen if I got trapped abroad” or what it would be like if you had to get a family member out of another country. In my seven years as an MP, I have had the privilege of working to bring constituents home to the UK.
It has always been difficult and frustrating trying to work out why the consular system would not just snap into place and fix it. Talking to one of our most high-profile recent detainees, I discovered why. Like many of my parliamentary colleagues, I supported Richard Ratcliffe in his often heart-breaking but ultimately successful campaign to win freedom and a return to the UK for his wife Nazanin.
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Hide AdAnd I keep a wee blue “Free Nazanin” badge which Richard gave me the first time I met him during his hunger strike outside the Iranian Embassy in London. It is a reminder of those still enduring imprisonment abroad and having to fight for the human rights which as British citizens they should enjoy. People like Jagtar Singh Johal who has been arrested and held without trial in India for seven years.
But I was astonished to discover that, as it stands, there is no legislation guaranteeing assistance. Because whilst the UK ratified the Vienna Convention in 1968 with the Consular Relations Act, so much of it relies on diplomacy, good faith and international relationships. Support is at the discretion of the consul.
For me that is not enough. Too often we have seen that the fair treatment or eventual release of British citizens detained abroad is dependent on publicity, campaigns by their family and pressure by their MP. And it is a much bigger problem than we might imagine. The Foreign Office estimated that in 2020 alone there were 5,000 cases of Britons imprisoned abroad.
There are detentions without trial, no legal representation or visits, and even cases of people being held hostage by bad international actors and states. That is why on Friday I presented, for its second reading, my Consular Assistance Bill which would strengthen the powers and responsibilities of embassies and consulates around the world to help those in trouble.
It would establish a clear, automatic process to be followed and add an obligation to UK Government ministers to inform consular officials if they have reasonable grounds to believe that a Briton is at risk of suffering an abuse of their human rights. That person would then be protected, and every possible step taken to ensure their rights are respected.
They would ensure visits, food, water, reading and writing materials, medical supplies if necessary, and, for the most serious cases, legal advice and support. It's vital we don't forget that those held hostage may have been detained arbitrarily or face a possible death sentence.
The bill will not give a blanket right to consular assistance in minor cases like lost passports, because of course there is a balance to be struck between personal responsibility and government support. But in extreme cases, where our rights or even our lives are in danger, our government will be there for us.
Christine Jardine is the Scottish Liberal Democrat MP for Edinburgh West