Source · Select Committees · Foreign Affairs Committee
Recommendation 24
24
Acknowledged
Paragraph: 69
The UK Government, working with allies where possible, must use every means at its disposal...
Recommendation
The UK Government, working with allies where possible, must use every means at its disposal to secure the basic level of consular access it commits to provide for its nationals and that it is entitled to under international law—regardless of the perceived legitimacy of the charges or rigour of the legal system. This could include imposing a political cost (such as delaying negotiation on other bilateral issues), walking out of speeches given by offending countries, or exploring legal options through the various international treaty mechanisms. In its annual report to this Committee on cases of arbitrary detention and state hostage taking, the Government should demonstrate how it has fulfilled these minimum standards of service.
Government response summary AI-generated
The Government is determined to deter and combat the practice of arbitrary detention for the purpose of diplomatic leverage by not making substantive concessions.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
69
Government Response
Acknowledged
HM Government · verbatim extract
Acknowledged
44. Supporting British nationals overseas is the FCDO’s primary public-facing service. We do, and will continue to, seek consular access under Article 36 of the Vienna Convention on Consular Relations when a British national is detained. Where we have significant human rights or humanitarian concerns, we also seek access to British dual nationals in their country of second nationality. What we cannot enforce, is recognition of dual nationality by that detaining country. Enshrining the right to consular assistance in British law would not alter that, as countries with enshrined rights have experienced. 45. Any government’s ability to deliver consular services in a particular country is constrained by the laws, regulations and practices of that country. It is also dependent on any practical or security concerns constraining consular operations. These factors are often pivotal when managing our most complex cases including detention cases where we have concerns regarding due process. 46. In the case of Iran, we have been clear that it was always within Iran’s gift to release those that it held, or holds, arbitrarily. The Government repeatedly requested consular access to dual nationals detained in Iran, but the Iranian Government does not recognise those individuals as British nationals and therefore does not allow consular access. 47. While the Government seeks to assist all those in Iran who request consular assistance, ultimately, Iran is able to determine whether other states are permitted consular access to dual-nationals within its jurisdiction. 48. While the Government continues to assess whether various political or bilateral options might be used to more effectively secure consular access in Iran or elsewhere, we are always careful to consider whether doing so would conflate consular and bilateral matters and a way that is unhelpful to the resolution of a particular case. This does not stop Ministers and officials vigorously pursuing efforts to secure access where appropriate and considering all options and levers available to us to do so, including under the VCCR. In all cases, we consider what is in the best interests of the individual, including the likely risks, benefits, and effectiveness of different options. 49. While there is no legal obligation in international or domestic law to provide consular assistance, we consider all requests for consular assistance in line with published policy and in compliance with the principles of public law.
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