The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)
This has been a helpful and constructive debate, and I join others in congratulating the hon. Member for Hayes and Harlington (John McDonnell) on securing it through the Backbench Business Committee. I thank all right hon. and hon. Members for their contributions and the many right hon. and hon. Members who have campaigned in this House and outside. I am pleased that hon. Members have highlighted the work of my hon. Friend the Member for Battersea (Jane Ellison) in supporting Shaker Aamer’s family, who live in her constituency.
I will do my best to answer as many points as I can. I spoke to the US embassy today at length on this matter, and the Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), who deals with the United States, had a meeting with US Ambassador Barzun yesterday at which he discussed these issues. I might be the only Member to have visited Guantanamo Bay, albeit from the Cuban side—that was as close as I could get—back in 2005. When I looked over at the camp area, I wondered how long it would be before it was closed.
My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) spoke about the reliability of the confessional evidence and how standards dropped after 9/11. The right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) talked about the double standards created by the creation of Guantanamo Bay. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) paid tribute, as do I, to the difficult and often unrecognised work of the intelligence services and the importance that justice prevails. The hon. Member for Hammersmith (Mr Slaughter) talked about the size of the campaign, which has lasted a number of years, in support of Shaker Aamer. My hon. Friend the Member for Westmorland and Lonsdale (Tim Farron) talked about the west’s moral authority being eroded and undermined because of Guantanamo Bay.
The hon. Member for Islington North (Jeremy Corbyn) and others talked about the number of people who had taken up this cause and referred to the Senate intelligence committee report—anyone who has read the accounts of that report will, like me, have found it deeply troubling. The hon. Member for Brighton, Pavilion (Caroline Lucas) talked about the concerns about Mr Aamer’s release or transfer to Saudi Arabia. It is clear that Shaker Aamer wants to return to the UK, and that is what we support. The hon. Member for Harrow West (Mr Thomas), the shadow spokesman, raised several important questions that I shall try to answer.
One aspect that I will cover now relates to the powers given to the US Defence Secretary under the National Defence Authorisation Act 2012. We have been in discussions with the US President, as I say, so we look to any measure required to ensure that justice prevails and Shaker Aamer is returned to the UK—whichever system, whichever protocol or whichever mechanism is used, including the one to which the hon. Gentleman referred.
Mr Thomas
On the point about the NDAA, as I understand it, any waivers that can be secured for the release of Mr Aamer under this legislation are controlled by the US Defence Secretary. Will the Minister tell us whether any representations have been made directly to the US Defence Secretary, perhaps by the Secretary of State for Defence or the Foreign Secretary?
Mr Ellwood
The Foreign Secretary has raised this matter, but as I say, we have called on the President to use all available powers, and this is simply one mechanism that could be used.
I certainly welcome this opportunity to highlight the Government’s commitment on this issue. The UK has long held that indefinite detention without fair trial is unacceptable. Mr Aamer has been detained in Guantanamo Bay for 13 years, yet has not been charged with any crime. As a result of the UK’s long-standing opposition to the operation of the US detention facility at Guantanamo Bay, the UK Government exceptionally requested Mr Aamer’s release in 2007, and that request also included four other former UK residents who have since returned to the UK. The UK Government are committed to bringing Mr Aamer back to the UK, and we have made our position very clear to the US Government. We want to see him released as a matter of urgency, and we know that they fully understand this request.
As hon. Members will have noted, the Prime Minister personally raised Mr Aamer’s case at his meeting with the US President on 16 January this year. We welcome President Obama’s commitment at that meeting to prioritise the review of Mr Aamer’s release to the UK.
Supporters of Mr Aamer often cite the fact that he was cleared for release, and this has been repeated here today. He was cleared for release some years ago, and given the President’s commitment, people cannot understand why he is still in detention. I need to clarify, however, that Mr Aamer has been cleared only for transfer to Saudi Arabia, not cleared for release either in Saudi Arabia or indeed the UK. This is an important distinction under the applicable US legislation.
President Obama’s statement means that Mr Aamer’s case has been prioritised for review through an inter-agency process. This comprehensive process undertaken by six US Government Departments involves a complex case-by-case review. We do not have a timetable for a decision, but we are confident that this review is under way. We hope, of course, that Mr Aamer will soon be released.
However, it is important to understand that President Obama’s decision to close the detention facility and release its inmates remains a contentious political issue in Washington, as hon. Members have outlined in today’s debate. Stark differences of opinion exist in Congress across the political spectrum about the wisdom of doing this at a time of heightened terrorist threats. Within that, there remain real concerns about recidivism and the actions that detainees may take after they leave Guantanamo. Let us be clear, however, that Mr Aamer has not been charged with or convicted of any crime.
Ian Murray (Edinburgh South) (Lab)
I have listened carefully to the debate and to the Minister’s contribution so far, so I hope I am not pre-empting what he is about to say. He has not yet told us, however—perhaps I have missed the clarity on the matter—what reasons the US has given to the Foreign Office for not releasing Shaker Aamer. What are the reasons behind not processing his release?
Mr Ellwood
I do not know whether the hon. Gentleman was present at the beginning of the debate. I should like to make some progress, but I shall come to the point that he has raised.
As I have said, Mr Aamer has not been charged with or convicted of any crime, but the United States Government have made it clear that any action taken to release him would have to remain consistent with United States national security.
Caroline Lucas
The Minister is making much of concerns about what will happen to Shaker or anyone else after their release. The United Kingdom is one of the safest places for such people to return to. We have one of the safest structures to deal with any risk that might exist. This simply does not add up: I do not see what the obstacles are.
Mr Ellwood
Let us take a step back from this particular case. Security questions must be asked, in the case of any inmate, about what will happen once the process has taken place. As I have said, the judicial process that is being conducted is very complex, and involves a number of Departments.
Caroline Lucas
Surely the Minister agrees that it would be safer for Shaker to return to the United Kingdom than to go to Saudi Arabia, for example—safer for all of us, indeed.
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.
Jeremy Corbyn
I thank the Minister for giving way; he is being very generous. In these investigations into torture and extraordinary rendition, is he getting all the co-operation he has asked for from the US authorities?
Mr Ellwood
I can only repeat what I have just said: I cannot comment on intelligence matters relating to this particular case.
Consular access is afforded to states only as regards their own nationals and, as has been repeated in this Chamber, Mr Aamer is a Saudi national. Our consular policy for non-British nationals is clear: we cannot help non-nationals no matter how long they have lived in the UK and regardless of their connections to the UK.
Although the timeline for the closure of the facility remains a matter for the US Government, President Obama was elected in November 2008 having vowed to close Guantanamo Bay. In the early days of his presidency, he said:
“There is…no question that Guantanamo set back the moral authority that is America’s strongest currency in the world.”
He recognised that, faced with uncertain threats, hasty decisions were made
“based on fear rather than foresight”.
President Obama remains determined to see the Guantanamo Bay facilities closed by the end of his Administration, and we remain committed to assisting him in this aim.
Of the original 779 detainees held in Guantanamo Bay, 122 remain, including Mr Aamer. Five detainees have been released so far this year, but in 2014 the US released 28, 19 of whom were released in November and December. That is a considerable increase in releases compared with previous years. From 2011 to 2013, a total of just 19 detainees were released.
We have already made a significant contribution to reducing the number of detainees in Guantanamo Bay by taking back nine UK nationals and, exceptionally, five former legal residents. Aside from Mr Aamer, the UK is not considering accepting any further detainees from the Guantanamo Bay facility. More widely, we have facilitated engagement with countries that have agreed to accept former detainees, and shared experience and advice on managing the return process.
In conclusion, as hon. Members have highlighted, 14 February was the 13th anniversary of Mr Aamer’s arrival at the Guantanamo Bay facility. Along with his family and his many supporters, the UK Government would like this to be the last anniversary that Mr Aamer passes in detention. Since the Prime Minister’s meeting with President Obama on 16 January, my officials and Government colleagues have continued to work to make that a reality, and we will carry on raising his case at the highest levels and at every reasonable opportunity to impress further on our US counterparts that we are looking for an urgent resolution.
Mr Slaughter
I am sorry to press the Minister, but he has still to answer the question from my hon. Friend the Member for Edinburgh South (Ian Murray). In the Minister’s long conversations with the American embassy and others in the US Government, what is the precise and exact reason he has been given as to why the release of Shaker Aamer is not possible at the moment?
Mr Ellwood
I know that this will not satisfy the hon. Gentleman, but I can only repeat that these are intelligence matters on which I cannot comment in this House. I cannot do that. Following this debate, I will be writing to the US ambassador, Ambassador Barzun, to let him know the outcome, the passion expressed and this Government’s determination to see Shaker Aamer released.
Mr David Ward (Bradford East) (LD)
I understand the difficulty the Minister is in, but, as he announced, we all know that others have been released, although he cannot give any reasons. It appears that there is to be an investigation, but it seems there is a clear difference between those who have been released and Shaker Aamer. Is that the picture that emerged from the Minister’s conversations?
Mr Ellwood
Again, the hon. Gentleman will not be satisfied with my answer, but I cannot be drawn on the individual case or into dealing with intelligence matters. I am afraid that that is as far as I can comment on this—[Interruption.] Would the hon. Member for Bolsover (Mr Skinner) like me to give way?
Mr Dennis Skinner (Bolsover) (Lab)
Everybody has been waiting for the Minister to reply. I was saying that it is a total anticlimax. The Minister has said that, far from being released, Mr Aamer is only under review. Almost all of what he has had to say is a sop to Congress, to the Americans generally and to the President, rather than an explanation to the House that he and his superiors will try their level best to get Mr Aamer out. He is like an apologist for the American regime.
Mr Ellwood
The hon. Gentleman has made his point and he has clearly not listened to what I have said.
Mr Ellwood
If I may continue, we have made it very clear that we have listened to this debate and we stand with this Parliament in calling for Shaker Aamer to be released. If the hon. Gentleman would care to have the courtesy to listen to what I am saying, he would understand that he has not heard this Government’s passion and commitment to speak at the highest levels to ensure that we can leverage and use our relationship.
I stress that we have a strong, close and frank relationship that brings concrete benefits to both sides and that advances joint objectives. In the January meeting with President Obama, we were able to secure for the first time a guarantee that this will now become a priority. That is the first time that has been said. We will continue to press the issue, and this debate will have its place and be useful in that regard.
I hope I have made it clear that the UK Government are absolutely committed to securing the release of Mr Aamer. Today I would like to underline that commitment and join the House in calling for the US Government to approve the release of Shaker Aamer to the UK.