PARLIAMENTARY DEBATE
Jagtar Singh Johal - 7 September 2022 (Commons/Commons Chamber)
Debate Detail
Consular assistance to British nationals overseas is the primary public service of the Foreign, Commonwealth and Development Office and a priority for the Foreign Secretary. Since Mr Johal’s arrest over four years ago, Ministers and officials have consistently raised our concerns about his welfare and treatment directly with the Government of India. With Mr Johal’s consent, this has included raising allegations of torture and mistreatment, and his right to a fair trial. The former Prime Minister, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) raised Mr Johal’s case with Prime Minister Modi in April. The then Foreign Secretary raised Mr Johal’s case with the Indian Minister of External Affairs, Dr Jaishankar, most recently in Delhi on 31 March. Lord Ahmad of Wimbledon, the Minister of State with responsibility for south Asia and the Commonwealth, is also in regular contact with his counterparts across the Indian Government. Since 2017, Ministers and officials have raised Mr Johal’s detention on almost 100 occasions, and they will continue to do so.
In May, the UN working group on arbitrary detention published its opinion that Mr Johal is arbitrarily detained. We take this seriously, and we are committed to doing what we can to assist Mr Johal. On 9 June, the then Foreign Secretary met the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) and Mr Johal’s brother Gurpreet to discuss this matter.
In February this year, lawyers acting for Mr Johal issued a civil litigation claim against Her Majesty’s Government in the High Court. Last month, they detailed their allegations. We must let the legal process take its course, and I will therefore not comment on this matter, in line with long-established practice, as I am sure all Members will appreciate and as you, Madam Deputy Speaker, outlined before the start of the urgent question. I can assure the hon. Member for West Dunbartonshire and the House that we will continue to do all we can to support Mr Johal and his family.
Madam Deputy Speaker, you mentioned the proceedings that have been brought. I think that it should not be outwith order to say that lawyers representing my constituent submitted a motion at the Royal Courts of Justice seeking redress after compelling evidence emerged linking the United Kingdom Government directly to his arrest and torture almost five years ago.
A case study in the Investigatory Powers Commissioner’s Office annual report in March 2020, which is in the public domain and was uncovered by the human rights group Reprieve—I and the Johal family are extremely grateful for all its work—matches entirely the specific details of Jagtar’s case, with a gut-punch of an admission that he was arrested on the basis of information provided by the intelligence services of the United Kingdom of Great Britain and Northern Ireland. This information has posed a multitude of hard questions for this Government, and especially for the new Prime Minister, the former Foreign Secretary. I am sure that we will get to hear many of them from Members present today. I am hugely grateful to the many Members who have supported this case.
Like hundreds of thousands of UK citizens of Sikh ethnicity, the Singh Johal family travel to India every year, yet now they must wonder if it is safe for them to continue to do so. They must also contend with the realisation that the horror that Jagtar went through in November 2017 of being held incommunicado for 10 days, tortured and forced into signing a blank confession, the arbitrary detention that the previous Prime Minister agreed he has faced since, and his trial by media in the Indian republic were all caused directly, at least for me, by the intervention of the state that is meant to protect him. We have a family, an MP and a House of Commons who want answers on who knew what and when.
Jagtar has a UK passport. I am afraid that is the only passport that I have, and I think it is the only one that you have, Madam Deputy Speaker. On the inside page are written the words:
“Her Britannic Majesty’s Principal Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”
Of all the many questions I could ask the Minister, the one I think is most important is this: do they think that their Government have stayed true to those words in the case of Jagtar Singh Johal?
On the hon. Member’s specific point, I return to the point I made earlier—and the point that you, Madam Deputy Speaker, made at the outset—with regard to any civil litigation and to concerns on the intelligence agencies. I cannot and I will not comment on that in this House. Since the hon. Member raised it specifically, I reiterate that Mr Johal has active civil litigation against Her Majesty’s Government on this matter. This is the issue before the court, and we must let the legal process take its course. Therefore, in line with long-established practice, I will not comment on this matter. I am sure that the hon. Member appreciates that.
Of course, the Indian Government, having listened to these proceedings, will have to take into account the views of Members of Parliament. Some 140 MPs and peers have expressed an interest in this case. Our former Prime Minister raised it with the Indian Prime Minister. Our former Foreign Secretary raised it with her counterpart, the Indian Minister of External Affairs.
“We are profoundly sorry for the ordeal that you both suffered and our role in it.”
That was within a few months of Mr Johal’s arrest and the Government’s potential involvement.
There is not only one civil case looking at this issue; there is another case in my name and that of the hon. Member for Barnsley Central (Dan Jarvis) to demand that the Government review, as promised, their attitude to torture and their complicity and involvement in it. I ask the Minister whether he will give an undertaking that we will now have that review to cover the Johal case and all the others that went before it, and whether he will promise this House that we will never again be complicit in the torture of any British citizen.
The House will expect the Minister to be clear on whether the former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), under whose watch we believe this occurred, authorised sharing this intelligence with the Indian Government when he was the Foreign Secretary. I also urge the Minister to outline whether the Government are using their contacts at the highest level of the Indian Government to press for Mr Johal’s release without further delay.
I have three further questions. First, will the Foreign Secretary, who was appointed last night, make himself available at his earliest opportunity for a meeting with the family? Secondly, since 1995, every Government have made human rights part of the dialogue when they speak to India about trade, yet the current free trade agreement does not appear to have human rights within it. Can he clarify that?
Finally, it is a worrying pattern that there are other such cases in the Foreign, Commonwealth and Development Office—for example, Morad Tahbaz, who remains languishing in an Iranian prison, or Alaa Abd El Fattah in Egypt, who liked a Facebook page. What urgent action is the FCDO taking on those cases? It must be a first principle that it is the first duty of the Government to look after every British national. The family asked today whether the new Prime Minister will show more guts than her predecessor. I think all hon. Members would like to see some backbone injected into these negotiations.
I am also sure that the hon. Lady would agree that we all in this House respect the separation of power between the Executive, the judiciary and the legislature, and, with regard to the intelligence agencies, the various checks and balances. We have the Intelligence and Security Committee, the Investigatory Powers Tribunal and the Investigatory Powers Commissioner. There is no doubt that the accusations that have been made need to be fully and thoroughly looked at, in line with the High Court case.
The hon. Lady’s second point related to human rights and our engagement with India. Let me make it clear: we believe that trade is vital for our economy and future prosperity, but that in no way compromises the United Kingdom’s commitment to upholding human rights at the core of our foreign policy. We will not pursue trade to the exclusion of human rights. We regard both as important parts of a deep, mature and wide-ranging relationship with our international trading partners. The “2030 Roadmap for India-UK future relations”, which was agreed by the former Prime Minister with Prime Minister Modi, has a specific agreement about a commitment to resolving long-running or complex consular cases.
On the other specific cases that hon. Lady raised, I see the Minister for Asia and the Middle East on the Front Bench, who covers a different thematic region in the world, and she will no doubt take them on board. I am happy to ensure that the hon. Lady gets an answer about what the Government are doing on those matters.
Can I raise two final issues? We know about this thanks to the diligent work of organisations such as Reprieve, but it brings to our attention the issue of whistleblowers. We know that 99% of the time our security services serve us absolutely fantastically well, but things do go wrong and abuses happen, so is there not now a need for protection of whistleblowers and for public interest defences in relation to disclosures—for example, in relation to the National Security Bill going through Parliament just now?
On that Bill, does the Minister agree that, hypothetically, if UK agencies are found liable for damages for actions they undertake that lead to torture abroad, those damages should be paid? If so, why does the Bill—in clause 58 —appear to create new and unnecessary ways to avoid the security services having to meet those damages? How can that be justified in any way, shape or form?
On the second part of the hon. Member’s question about arbitrary detention and the issue of release, the focus of these cases is always on working in the best interests of the individuals concerned. There is no blanket approach for these cases; our approach is tailored for specific individuals. I am sure that the new Prime Minister and Foreign Secretary will want to review this case as a priority.
On the hon. Member’s specific point about the National Security Bill, the Home Office leads on that matter. Again, I do not comment on matters relating to the intelligence agencies, or on this specific case because of a live civil litigation case in the High Court.
I want to try to get everybody in, but that means short questions—not a series of questions from now on, but a short question—so that the Minister is able to respond quickly. In that way, I can try to get everybody in.
This is a deeply concerning case. As we have heard, earlier this year the UN working group on arbitrary detention declared that Jagtar’s detention in India is unlawful, and I, along with other right hon. and hon. Members, raised that earlier this year. The new Government need to move urgently to try to end this nightmare and secure his release. As an absolute minimum, can I ask the Minister to try to ensure that the new Prime Minister raises this matter in her first call with her Indian counterpart? Can the Minister also give an assurance that he and his colleagues across Government will continue to raise their concerns at every available opportunity?
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