Shaker Aamer

Andrew Mitchell Excerpts

Tuesday 17th March 2015 Commons Chamber

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I do not need to detain the House for long, because the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) gave such an excellent speech and because the hon. Member for Hayes and Harlington (John McDonnell) and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) set out the case with both clarity and conviction.

I wish to make it clear that I yield to no one in my admiration for the work that the British security services and others have done in addressing a very real terrorist threat, the issues of which will take a generation or more to deal with. The point at issue today is a far more fundamental one. I very much hope that the Foreign Office and the diligent Minister who is here today to respond to the debate will note that, although the House may not be particularly packed, it is nevertheless true that here on these Benches are representatives of almost every conceivable opinion that the House of Commons could hold. We are all, I believe, utterly united behind the motion that was moved by the hon. Member for Hayes and Harlington. The hon. Gentleman will know very well that he and I agree on almost nothing in British politics, but on this issue we are shoulder to shoulder; we are as one.

I wish to make a point that was set out by my right hon. Friend, which is that in Britain, we respect the law; we believe in certain universal values. Sometimes, they are said to be British values, but I do not like that term. They are universal values, and the debate on Shaker Aamer gets absolutely to the heart of those values. I had the pleasure, just a fortnight ago, of going to join in Friday prayers at the largest mosque in Europe, the Central Mosque in Birmingham. It is accepted by all of us that there is considerable alarm in the British Muslim community about Islamophobia. Muslims look at this particular case and think that certain rules apply to some people, but not others. The point that this House of Commons should stand up for today is that justice is colour blind and creed blind. It should apply to everyone, but it is not applying to Shaker Aamer, and it is up to us to give voice to this view. The House of Commons must stand up today for justice for all citizens wherever they are from, and never more so than in this particular debate.

[Neil Carmichael (Stroud) (Con)]

It is a pleasure to participate in this debate, and I thank my right hon. Friend for allowing me to intervene. Is not the essence of this debate the rule of law and the application of fair rule of law? The absence of proper application of the rule of law is at the heart of this issue.

[Mr Mitchell]

My hon. Friend makes the central case that we are discussing.

Let me add a few words to what the hon. Member for Hayes and Harlington said at the start of the debate. Shaker Aamer has been detained for 13 years. He has twice been cleared for release: once in 2007 by the former US President, George Bush, and, more recently, in 2009, by President Obama. Our own Prime Minister has made vigorous representations, if one is to believe the press, in respect of Shaker Aamer, and the United States has made it clear that there is no evidence against him, and yet he is still incarcerated in the conditions that were described by the right hon. Member for Manchester, Gorton.

[Stephen Timms (East Ham) (Lab)]

Will the right hon. Gentleman comment on another point that the right hon. Member for Haltemprice and Howden (Mr Davis) made in his speech: that Shaker is not being released because of what he has seen in Guantanamo, and the authorities do not want that to be known more widely? If there is a mystery here about why he is still being detained, does the right hon. Gentleman think that that is the answer?

[Mr Mitchell]

That might or might not be so, and it is an important matter, but it is not central to the case I am making, which is this: here is someone whose release has been cleared by two US Presidents, and against whom the US authorities have made it clear there is no evidence, yet he remains incarcerated, after 13 years.

There have been numerous British requests, the most recent of which was made by the Prime Minister during his highly successful visit to America. Jacqui Smith, when Home Secretary, made the request, as did the former Foreign Secretary, my right hon. Friend the Member for Richmond (Yorks) (Mr Hague), and other Foreign Office Ministers, including my right hon. Friend to my right—geographically, at least—my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), who engaged in the case energetically. The failure to make progress fuels the theories referenced in the most recent intervention. Nevertheless, those British requests cannot be treated with apparent arrogance by the American Administration and just cast aside with glib words while that man remains incarcerated with no case against him.

[Alistair Burt (North East Bedfordshire) (Con)]

I thank my right hon. Friend for his kind words. I am absolutely certain that the advice being given in the Foreign and Commonwealth Office today is the same as that given when I was there, and I know my hon. Friend the Minister is following it diligently. Does my right hon. Friend agree that what unites people of different political opinions on this matter is a sense both that justice for one is justice for all—that is being denied in this case—and that for those who look at it from a very practical point of view on how we deal with some of the difficult issues facing the world, from both a United States and a British perspective, none of that work is being assisted in a case in which someone has been detained for so long without trial or charge?

[Mr Mitchell]

My right hon. Friend makes the case with great eloquence, as he has done in government and from the Back Benches.

I will end by reiterating the points that the mover of the motion made to the Minister. I ask him to be specific in his response and to be clear about what representations on Shaker Aamer’s case have been made and what ongoing representations are being made. If he cannot give the House answers today, will he seek immediately from the American Administration a very clear explanation of why they continue to block Shaker Aamer’s release? Will he make very clear what next steps the British Government intend to take to secure his immediate release to Britain, not to anywhere else? In his discussions with the American Administration, will he press them to confirm a specific timetable for his release and repatriation to Britain?

This is a matter of great importance. As my right hon. Friend the Member for North East Bedfordshire said, it is about the universality of justice. It is about the signal we send as the House of Commons to all our citizens about the nature of justice and our determination to see that it is pursued. On that basis, I once again congratulate the hon. Member for Hayes and Harlington and other colleagues on securing this important debate, and I very much look forward to hearing the Minister’s response.

--- Later in debate ---

[Mr Ellwood]

The point has been made time and again about the manner in which many of the detainees ended up in Guantanamo Bay, and about the creation of Camp Delta in the first place. I make no comment on this particular case because it would be wrong for me to do so, but we need to ensure that every person who is processed will not be a danger to the United States or to any other country. It is a complex process, and I must make it very clear that I make no judgment on this particular case. I am about to give some numbers and a timetable, and details of the frequency with which detainees are being processed.

[Mr Andrew Mitchell]

The Minister is setting out his case, and he says that he does not need to make a judgment, but the United States has made it clear that there is no evidence against Shaker Aamer. Is that not the critical factor? May I encourage the Minister to share with the House, in some detail, the questions that he asked during his lengthy conversation with the American embassy this morning, and the answers that he received?

[Mr Ellwood]

I want to make some progress. As I shall make clear shortly, I am not privy to the very complicated process, involving six United States Government Departments, that every single detainee will have to undergo before being cleared for release. That is the process that Shaker Aamer must undergo, like everyone else who has been released so far or will be released in the future.

In supporting Mr Aamer’s release, we have emphasised to the United States Government that any individual who engages in terrorist-related activity in the United Kingdom can expect to be dealt with through use of the full range of powers that are available to us. I shall not list them here, but they are extensive, and we remain confident in the ability of our police and security services to deal with any such threats. I think that that partly answers the question asked by the hon. Member for Brighton, Pavilion.

It would be inappropriate to comment on why Mr Aamer is in the Guantanamo Bay facility, especially as we continue to discuss the details of his case with the United States in order to secure his release. This is a sensitive issue and, as the House will understand, it has been the policy of successive Governments not to discuss intelligence matters. However, as Members well know, the United Kingdom does not participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment or punishment for any purpose. We remain absolutely committed to ensuring that serious allegations of UK complicity in alleged rendition and mistreatment overseas are examined carefully. If any evidence of that were to come to light, we would take appropriate action. The investigation of, or prosecution of individuals involved in, any alleged torture carried out by the United States is a matter for the United States authorities.