Source · Select Committees · Foreign Affairs Committee
Recommendation 2
2
Rejected
Paragraph: 14
We recommend that within the next 12 months the Government formalises and publishes guidance outlining...
Recommendation
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.
Government Response 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.
Paragraph Reference:
14
Government Response
Rejected
HM Government
Rejected
7. The Government is clear that any detention for diplomatic leverage is unacceptable no matter how large or small the number of people involved. The Government also agrees that there is increasing international concern about, and condemnation of, this practice. In the case of British nationals detained overseas, the evidence of increasing risk is less clear. The number of cases where the Government judge British nationals are detained arbitrarily overseas for diplomatic leverage remains limited. Not all detentions even in countries of concern are intended to exert diplomatic leverage. The behaviour of the small number of States that have been accused of engaging in such practices can be unpredictable and volatile, and the motivations of detaining authorities are rarely clear or consistent. Even when arbitrary detention for diplomatic leverage is a suspected motivation, avoiding politicisation can be the best route to de-escalation and release. 8. The Government does not agree that it should formulate and publish criteria for determining whether a detainee may be at risk of being used for diplomatic leverage. The FCDO already adopts a multi-disciplinary task force approach to complex consular cases, including the detention of British nationals, bringing together political, consular, legal, and human-rights expertise, to inform and develop our approach on a case-by-case basis. This ensures we identify quickly any potential examples of arbitrary detention for diplomatic leverage. That means that while the Government does not conduct routine assessments regarding diplomatic leverage, we would expect the Task Force approach to ensure any attempt to exert diplomatic leverage was identified. The Government’s approach is not limited to specific countries or characteristics. Ministers are regularly updated and consulted; all complex consular cases, including detentions, are reviewed weekly by the Consular Director. Consular staff review the progress of all detention cases regularly and discuss developments and our approach with the families of those detained, not least where we do not have direct consular access