Torture and the Treatment of Asylum Claims

Rupa Huq Excerpts

Thursday 2nd March 2017 Westminster Hall

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate the hon. Member for Twickenham (Dr Mathias) on the persuasive case she made at the start and on bringing the subject to the House today. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael), the hon. Members for Rutherglen and Hamilton West (Margaret Ferrier) and for Tonbridge and Malling (Tom Tugendhat) and my hon. Friend the Member for Harrow West (Mr Thomas) on their speeches, too.

As we have seen in the debate, all political parties are united in their complete rejection of torture and mistreatment. Torture is illegal and it is internationally banned. When allegations are made, it is vital that they are fully investigated and that the public have confidence in the process and its outcome. In this Parliament we have seen the pressure mounted by the British Parliament contribute to Shaker Aamer’s release. It is therefore vital that, while we preach that there is no place for torture or mistreatment of detainees abroad, that applies at home to people on British soil. We have moral and legal obligations to asylum seekers. In order to stop torture from happening around the world, it is crucial that Britain sets an example as a country that respects and upholds its human rights commitments.

While the Opposition have a proud record of standing up for the rights of everyone, there are certain slightly worrying developments in the current Government that make their commitment to human rights look a bit more questionable. When the permanent secretary to the Foreign Office appeared before the Foreign Affairs Committee, he said that human rights were

“not one of our top priorities.”

That is quite a frightening statement; ethics should be on the Foreign Office’s map. I think that he was attacked by the hon. Member for Reigate (Crispin Blunt) for making that statement. Britain’s voice in the world is a reflection not only of our economic prowess but of the moral leadership that we demonstrate on human rights. If they are no longer a top priority, we cannot lecture the rest of the world about the rule of law and freedoms and rights that every human being is entitled to.

I am relieved and pleased that the contract between the Ministry of Justice and Saudi Arabia to build a prison was cancelled in the end. I understand that the then Foreign Secretary, who is now the Chancellor, accused the right hon. Member for Surrey Heath (Michael Gove) of being naive on that matter, which gives the impression that perhaps some Government Members do not want to prioritise human rights, which, by extension, include subjects such as torture.

[Dr Mathias]

I was very happy with the cross-party support at the November presentation of the “Proving Torture” report. I give credit to the Queen’s Counsels from the hon. Lady’s party, who were arm in arm with similar Members from my party. I believe that this has cross-party support from both Back-Bench and Front-Bench Members.

[Dr Huq]

I do not doubt the hon. Lady’s commitment to human rights, given everything she has said on them in the Chamber. The Home Secretary is due to visit Saudi Arabia later this month; it will be interesting to see if she will use that opportunity to challenge one of our “closest allies” on some of the less palatable aspects of its record on human rights and torture. At a recent Prime Minister’s Question Time, my right hon. Friend the Leader of the Opposition asked the Prime Minister to condemn President Trump’s comments on torture. He has supported things like hooding, which is sensory deprivation, stress positioning and waterboarding, which the hon. Lady mentioned. President Trump seems to have a gung-ho attitude to those and does not equate them with torture. I would like to hear stronger statements from our Prime Minister condemning those comments.

[Tom Tugendhat]

Will the hon. Lady give way?

[Dr Huq]

I have limited time and the hon. Gentleman spoke at length earlier; I will be happy to speak to him afterwards. I think any special relationship should also be friendly. We can be a critical friend to countries and point these things out; maybe not holding their hand but holding them to account in some way. We are debating the UK asylum system and not any of these other people, so I will get back to that.

We all seem to have seen the same figures from Freedom from Torture’s “Proving Torture” report. Other Members have made those points very graphically. We have to consider the moral dimension to this, as well as our legal obligations; we are talking about protection for the most vulnerable in our society. The statistic just quoted was that 27% of adult forced migrants living in high-income countries have survived torture in their country of origin, yet we continually hear stories of their humiliating treatment when they seek to prove it. The standard of proof seems to be very high, and it is often confusing when they have to prove what happened to them. It is a chicken and egg situation. There is little other than medical evidence to prove their torture, but it is nigh on impossible after the fact to prove that it was torture, even when extensive medical evidence is presented; we hear that medical evidence is often disregarded, mistreated, misinterpreted or ignored by the Home Office. It would be good to hear the Minister clarify how that can be tightened up.

Hon. Members also quoted the fact that 76% of such cases that are unsuccessful are overturned on appeal, which is alarmingly high when compared to just 30% of standard asylum cases and indicates a serious problem in the Home Office’s handling of asylum claims. As the hon. Member for Twickenham pointed out, that requires correction by a judge in a specialist immigration tribunal, which comes at considerable cost to the public purse—UK taxpayers.

Not only is it International Women’s Day next week but apparently March is also International Women’s Month, so it is worth pointing out that rape is shockingly not recognised as torture for women asylum seekers. I think that will come as a surprise to many hon. Members. Women remain particularly vulnerable to deportation. My hon. Friend the Member for Harrow West referred to legal aid for asylum cases; I know that that is probably another debate for another day, but I flag it up as it is connected to this debate. I have also had constituents from Sri Lanka pressing me. There was a debate in this place last week that I was unable to attend, but I am glad that my hon. Friend expressed his concern about the Sri Lankan Government’s torture record and that we should treat asylum seekers from that country with the respect that they deserve.

I wanted to be brief, but while I am here I will flag up my concern that we may be led out of the European Court of Human Rights; I believe that the plan has been shelved for this Parliament, but it could still happen. It is a live policy.

[Tom Tugendhat]

Will the hon. Lady give way?

[Dr Huq]

I have said that I will press on without interventions on this occasion. The ECHR is one of the most effective torture prevention tools in history, and it was drafted by British lawyers, including Sir David Maxwell Fyfe, then a Conservative Member of Parliament. Having our own, unilateral British bill of rights seems to send the signal to countries with questionable human rights records, such as Russia and Turkey, that international human rights obligations can be shirked or are an optional extra. It also undermines the Government’s foreign policy objective of championing a rules-based international system.

I know that the Minister has received a lot of questions from other hon. Members, but I have one for him. I think the systematic decision-making errors that we keep hearing about in these cases are a matter of quality control and auditing. Will the Minister reaffirm the UK’s position as a champion for the absolute ban on torture? I am optimistic that he will. Will he also implement immediate measures to improve decision making in asylum claims made by survivors of torture to address those weaknesses?

We live in tumultuous times of turmoil and turbulence, when the only predictable thing is unpredictability. The UK has a proud history of standing up for human rights and taking care of people in need, and it has never been more important to reaffirm that commitment and make sure that it works in practice.

--- Later in debate ---

[Mr Goodwill]

That question is probably better directed to the Foreign Office. I know that the situation is much improved in Sri Lanka, which we welcome, but the hon. Gentleman might have evidence that he wishes to make available to Foreign Office Ministers, so that they are aware of it. I am not fully briefed on the situation in Sri Lanka. I know things are improving, which is good news, but from the points he has made, we know there is still some way to go.

We must support those in need of protection to claim asylum in the first safe country they reach. That is the fastest route to safety. International obligations under the refugee convention do not require us to consider claims made outside the UK, but we continue to support refugees in-region through our substantial aid contributions and resettlement schemes.

I will say a few words about the background of our “adults at risk” policy. The adults at risk in immigration detention policy came into force on 12 September and was accompanied by detailed caseworker guidance, following the laying of statutory guidance in Parliament. The policy is based on balancing the risk of considerations against immigration factors and on detaining vulnerable individuals only when the immigration factors outweigh the immigration considerations in any given case. It is part of the Government’s response to Stephen Shaw’s review of the welfare of vulnerable people in detention.

Measures put in place under the Immigration Act 2016, along with a new policy on adults at risk in detention and other improvements to casework processes, represent a comprehensive package of safeguards for all vulnerable detainees in the immigration system, including pregnant women. Those measures have been developed in response to Stephen Shaw’s independent review of detainee welfare. Indeed, I have made a point of visiting some of our immigration removal centres to see the conditions there. I am well aware that many people associate detention with the torture they have had inflicted upon them, and therefore there is a concern that people will see detention as bringing back the terrible experiences they have had.

[Dr Huq]

The shadow Home Secretary apparently has repeatedly asked since November to visit Yarl’s Wood and has had no response. That may not have come across the Minister’s desk, but will he look into it for her?

[Mr Goodwill]

Certainly. We get a number of requests. I know there has also been some discussion with the Home Affairs Committee, and we are particularly keen to prioritise that visit if we can, because it is important that the Committee sees that as part of its work. However, I will look at that request and see what we can do to accelerate it.

I want to make it absolutely clear that where people are detained, it is for the minimum time possible. The dignity and welfare of those in our care is of the utmost importance. I would like to leave a few minutes for my hon. Friend the Member for Twickenham to sum up, so I will make a final comment. We are clear that the claims of those who seek asylum in the UK will be carefully considered by well-trained and conscientious decision makers, who are expected to take into account all available evidence to reach an informed decision.