Recommendations & Conclusions
6 items
2
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
We recommend that within the next 12 months the Government formalises and publishes guidance outlining criteria for determining whether the detention of a UK national by a foreign state is considered arbitrary and at risk of being used for state leverage. Subsequently a review should be carried out of all …
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We recommend that within the next 12 months the Government formalises and publishes guidance outlining criteria for determining whether the detention of a UK national by a foreign state is considered arbitrary and at risk of being used for state leverage. Subsequently a review should be carried out of all UK nationals detained overseas according to the established criteria. The conclusions on the nature of the detention should be used to classify the case internally, in discussions with the family and, where appropriate, publicly. Where not deemed to meet the criteria, cases should be subject to ongoing assessment with the involvement of families.
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Government response AI summary
The government does not agree to formalize and publish guidance on criteria for determining arbitrary detention, stating they use a multi-disciplinary task force approach to identify such cases and ensure any attempt to exert diplomatic leverage is identified quickly.
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Foreign, Commonwealth & Development Office
13
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
On balance, we believe that the MacGregor review’s recommendations do not go far enough and the interests of the affected families and those of the FCDO in securing detainee releases are best served by concentrating responsibility for handling these cases in a single senior position. We recommend that over the …
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On balance, we believe that the MacGregor review’s recommendations do not go far enough and the interests of the affected families and those of the FCDO in securing detainee releases are best served by concentrating responsibility for handling these cases in a single senior position. We recommend that over the next 12 months the Government undertake appropriate consultation to establish the position of Director for Arbitrary and Complex Detentions (DACD). This post should be specifically recruited on a renewable five-year term with a mandate that includes coordinating the response to certain cases, providing a point of contact for families, convening a cross- government response, and coordinating the UK’s response to the multilateral efforts to address state hostage taking and arbitrary detention with a relentless focus on them. The postholder should have a direct line to the Prime Minister. If the Government refuses to implement this recommendation the lead for all state hostage cases should sit with the Foreign Secretary. (Paragraph 42) Stolen years: combatting state hostage diplomacy 49
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Government response AI summary
The government rejects the creation of a Director for Arbitrary and Complex Detentions, stating the Foreign Secretary has primacy and they prioritise country-specific expertise and consular best practice, using senior geographic leads and a Director for Consular Services.
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Foreign, Commonwealth & Development Office
25
Conclusion
Sixth Report - Stolen years: combatting…
Rejected
The working assumption should be that families are partners who have the potential to be instrumental in the attempts to resolve the detentions. Despite Government assurances, we do not believe that sufficient progress has been made in improving communication with families. Families are frequently assured by officials and ministers that …
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The working assumption should be that families are partners who have the potential to be instrumental in the attempts to resolve the detentions. Despite Government assurances, we do not believe that sufficient progress has been made in improving communication with families. Families are frequently assured by officials and ministers that they are “doing all they can” to secure the release of their detained family members. This is an inadequate response. To communicate standard Stolen years: combatting state hostage diplomacy 51 diplomatic representations as substantive actions to families of detainees with little or no further detail is not conducive to a constructive and supportive working partnership.
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Government response AI summary
The government does not agree that a separate post of Director for Arbitrary and Complex Detentions should be established, noting the Foreign Secretary's primacy within Cabinet.
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Foreign, Commonwealth & Development Office
26
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
We recommend that unless the detainee expressly withholds consent to do so, the families of any vulnerable or arbitrary detainee receiving consular assistance be provided by a senior manager or minister in the FCDO at the soonest possible time with a clear description of the Government’s plan of engagement. Briefings …
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We recommend that unless the detainee expressly withholds consent to do so, the families of any vulnerable or arbitrary detainee receiving consular assistance be provided by a senior manager or minister in the FCDO at the soonest possible time with a clear description of the Government’s plan of engagement. Briefings should be frequent and include as much detail as possible. It should be clearly explained that some information will be classified but that the aim will be for maximum transparency. The relevant official or minister should be prepared to give private briefings to the relevant constituency Member of Parliament if requested by the family. This requires a significant step-change in the Government’s approach, which reinforces the need for a Director for Arbitrary and Complex Detentions.
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Government response AI summary
The government does not agree with establishing a separate post of Director for Arbitrary and Complex Detentions, as their approach reflects the Foreign Secretary's primacy within Cabinet and the importance of country-specific expertise and consular best practice.
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Foreign, Commonwealth & Development Office
30
Conclusion
Sixth Report - Stolen years: combatting…
Rejected
The Government took longer to repay the IMS Debt than it needed to and the eventual circumstances under which it was paid were unsatisfactory. We conclude that the only factors which changed and therefore allowed repayment in March 2022 were the interpretation of the terms of the sanctions, and the …
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The Government took longer to repay the IMS Debt than it needed to and the eventual circumstances under which it was paid were unsatisfactory. We conclude that the only factors which changed and therefore allowed repayment in March 2022 were the interpretation of the terms of the sanctions, and the political will to risk upsetting the US Administration. It would appear, from the limited information available, that the Government has no way of ensuring Iran abides by the conditions governing the spending of UK taxpayers’ money, nor is there any avenue for parliamentary scrutiny. (Paragraph 88) 52 Stolen years: combatting state hostage diplomacy Prevention and deterrence
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Government response AI summary
The government disputes the committee's characterisation of the IMS debt repayment, stating it was done in compliance with sanctions and that UK-US relations remain close.
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Foreign, Commonwealth & Development Office
31
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
The FCDO’s failure to have maintained robust travel advice on the front page of the website for Iran between 2016 and 2018 is a significant error which may have made UK nationals less safe in Iran and likely other countries too. We welcome the renewed commitment in the “Consular and …
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The FCDO’s failure to have maintained robust travel advice on the front page of the website for Iran between 2016 and 2018 is a significant error which may have made UK nationals less safe in Iran and likely other countries too. We welcome the renewed commitment in the “Consular and Crisis Strategy” to making travel advice readily available and renewed campaigns to make travellers aware of it. However, there is more the FCDO could do, either directly or via third-party experts, to ensure organisations and individuals operating in high-risk countries are aware of times of particular vulnerability, steps to take to prevent arrests for minor infringements escalating and how to keep safe.
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Government response AI summary
The government acknowledges the importance of travel advice but declines to give tailored advice beyond what is already available, citing a commitment to avoid 'double standards' and directing individuals to existing travel advice resources.
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Foreign, Commonwealth & Development Office