Torture and the Treatment of Asylum Claims

(Limited Text - Ministerial Extracts only)

Thursday 2nd March 2017 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

I shall cover my hon. Friend’s points in more detail when I sum up, but I wanted to point out that just because an appeal or further legal process can overturn the original decision, it does not necessarily mean that that decision was made wrongly on the basis of the facts. It may be that new facts come to light, and the decision can be based on better available information.

[Dr Mathias]

I appreciate what the Minister says, but I have seen a handful of cases—confidentially, without the names—and, without being a specialist myself, have talked to one of the doctors involved with the charity. From the small number I have seen, the decisions have been overturned not because of extra evidence, but because the evidence presented to the first caseworker was not handled adequately. On appeal, the information given was found to give sufficient grounds for granting asylum. It is not my field, but I have some relevant background and have had some experience in different countries of the simple treatment of people returning to a community having been tortured, so I have a great deal of respect for the specialty. I cannot believe that without training a non-medical caseworker would be able to understand the medico-legal report with respect to the need for asylum. In the 21st century, a specialist is needed to diagnose the invisible mental scars.

I gave an example earlier of the torture of one prisoner of conscience. For me, even saying the words “mock execution of a family member” upsets me. However, if the Home Office is talking about using specialist caseworkers, it must watch out that the specialists do not become hardened by having to hear and read such material day in, day out. Again, there is a similarity to what happens in therapeutic counselling, in which I do have a background. There are models in other fields and professions. It is mandatory for therapeutic counsellors to have regular supervision to check their bias and their own mental health. I do not believe that the Home Office is giving sufficient weight to the needs of the Home Office caseworkers. The great thing is that we have the expertise. Freedom from Torture, a UK-based organisation, is one of the global leaders in the field. The training programme has already been agreed by the Home Office, but just not rolled out for all caseworkers.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I thank my hon. Friend the Member for Twickenham (Dr Mathias) for raising these important matters. It is a subject that she rightly says is a global issue, and one which, aside from the academic and clinical debates, has profound human consequences for individual survivors of torture. I am proud to share this Chamber with all colleagues who have spoken today, although I take exception to the use of the word “toxic” by the Scottish National party spokesperson when describing the Government’s policy; I certainly do not recognise that.

I will restate the Government’s position: torture is one of the most abhorrent violations of human rights and human dignity, and we unreservedly condemn its use as a matter of fundamental principle. The Prime Minister and the Leader of the House have made that point quite recently. The United Kingdom Government will continue to raise concerns about such flagrant abuses of human rights with relevant foreign Governments at every opportunity. I commend the work of organisations that support survivors of torture, and I believe our policy on handling asylum claims based on torture provides effective protection to those who need it.

All asylum claims lodged in the United Kingdom, including those involving claims of past torture, are carefully considered on their individual merits. Decision makers are fully aware of the importance of making the right decision and the consequences of refusing those who need protection. I assure hon. Members that such decisions are not taken without full consideration. Our published policy on considering asylum claims in which torture is raised and, in particular, when medical evidence is also provided is very clear and requires decision makers to approach such cases with sensitivity, to allow reasonable time for medical evidence relevant to the decision to be provided, and to carefully consider such evidence to reach an informed decision.

[Mr Gareth Thomas]

Is the Minister satisfied that all asylum caseworkers in the Home Office at the moment have received the full appropriate training for judging whether or not torture has occurred and therefore whether asylum should be granted?

[Mr Goodwill]

In an area such as this, one can never be satisfied, because that sounds like complacency. Indeed, staff development and training is something we constantly have under review. Some of the points made in this debate show that we do not always get it right. Tribute was paid, I think by the hon. Gentleman himself, to the staff who do this work. It is often a thankless task, and they do it with a degree of professionalism that we can all admire.

[Mr Thomas]

The Minister will be aware that I referenced a full-day training module that was rolled out to some asylum caseworkers, but not all, when the last asylum policy instruction was issued in 2014. Will he now instruct the relevant civil servant to ensure that all asylum caseworkers benefit from that full-day training module?

[Mr Goodwill]

I absolutely agree that it is important that staff get the relevant training. It is also important that staff with the most experience are directed to the cases where their experience can be most brought to bear. I will continue to engage with officials to ensure we are doing that as well as we can. I take this very seriously indeed.

When considering asylum claims made in the UK, it is absolutely right that we offer protection to those who face torture on return to their country. However, that does not mean that all survivors of past torture will automatically qualify for protection. An individual needs to show there is a real risk of serious harm or persecution on return to their country. In some cases, the situation in a country can become normalised and change. We welcome it when conflict finishes or particular situations are resolved in countries around the world.

I appreciate concerns about decision quality and how we consider medical evidence in practice, which was highlighted in the Freedom from Torture report published last year. However, I would point out that the sample of cases in that report represents less than 1% of all asylum decisions made last year, and some of the cases used are nearly three years old. That does not mean that I do not take those individual cases very seriously. I must stress that Home Office officials are committed to approaching cases involving allegations of torture with the utmost sensitivity.

My officials have also recently met Freedom from Torture representatives. While we believe the findings in the report are not representative of the wider asylum system, we are nevertheless taking steps to further improve the decision-making process. That will include forming a specialised team who will review and sign off all cases where a medical report is provided. We are also reviewing the training programme delivered to new decision makers. I can assure Members that we are committed to getting decisions right the first time and to working with expert organisations such as Freedom from Torture to ensure that survivors of torture get the support they need.

[Mr Alistair Carmichael]

I am pleased to hear about the engagement with Freedom from Torture, and I encourage the Minister to consider that. I think that Freedom from Torture acknowledged when it launched the report that it was a small sample of cases. Its finding that 76% of asylum cases involving torture were granted on appeal is something that the Minister’s Department should be able to confirm or contradict. Is he able to do so?

[Mr Goodwill]

I will see what stats we have on that. I am aware that where there are judicial reviews against us in such cases, we win virtually every one—I think the last figures I saw showed that we have lost 45 cases out of 18,000. It is not always the case that cases brought to us are successful.

The right hon. Member for Orkney and Shetland (Mr Carmichael) mentioned medical reports from specialists. We do not restrict who can provide a medical report for the purposes of submitting evidence in support of an asylum claim. There are accepted international legal standards, as set out in the Istanbul protocol, “Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, which applies to the documentation of torture. We believe it is appropriate that, as a minimum, those guidelines are followed in preparing reports.

All asylum decision makers receive extensive training on how to consider asylum claims. That includes vicarious trauma training for caseworkers, to guard against hardening. We are well aware of how people can become—dare I say—used to hearing stories such as these, which is really worrying. As previously highlighted, we are committed to continuous improvement.

Let me be clear: torture has no place anywhere in the world, and we must do all we can to stamp it out. The UK Government consistently raise concerns about the use of torture, enforced disappearances and alleged police abuses, and will continue to do so. I am sure Members will be aware that my hon. Friend the Under-Secretary of State for Foreign and Commonwealth Affairs, the Member for Bournemouth East (Mr Ellwood), regularly raises human rights concerns in his dealings with overseas Governments and officials.

My hon. Friend the Member for Twickenham raised the position of the Prime Minister. The Prime Minister’s position is clear: the UK stands firmly against the use of torture, cruel, inhuman or degrading treatment or punishment, and so-called enhanced interrogation techniques. In no circumstances would we consider approving a request from a foreign Government to conduct an extraordinary rendition through the UK or one of our overseas territories.

[Mr Gareth Thomas]

I appreciate the Minister giving way again. Does he accept that torture is still a significant problem in Sri Lanka?

[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.

[Margaret Ferrier]

I would like to repeat the question I asked earlier about the number of asylum claims involving torture allegations. There is no log of that at the moment. Will the Minister give a clear guarantee that he will look at that and put in place a log, so that we know how many asylum claims involve torture allegations?

[Mr Goodwill]

Interestingly, I have asked the same question myself, and the answer is not quite as simple as it may seem, because in some cases multiple reasons are given for an asylum claim, and in other cases in which asylum has been refused on one ground, a new ground has then been put forward. Sometimes the figures are not quite as easily come to as perhaps we would like. I will certainly see what I can do, but I have been asking the same question myself and have been told, “It isn’t as simple, Minister, as you would like to think.” There are often quite complex cases involving a number of different reasons that may have been submitted at different times during the legal process.

[Mr Alistair Carmichael]

I sense that the Minister is perhaps trying to get to his peroration, but if I may, I shall take advantage of the time remaining. In the course of my remarks, I referred to the Belhaj case. I am mindful of all the strictures on that, but does the Minister agree that it is in the national interest now, given the judgment of the Supreme Court, that we have an early resolution of it?

[Mr Goodwill]

I am always very cautious about commenting on specific cases. The right hon. Gentleman is smiling, probably because he is getting the answer that he expected, but he has certainly raised the issue, and it is particularly important that we ensure that all the legal processes that we are involved in are conducted in the best interests of the taxpayer and the best interests of those who are vulnerable and need our support.

We are clear, as we make these informed decisions, that those who would face torture if returned will be granted protection here in the UK. I believe that our current policy delivers on these important goals: it supports those genuinely in need of protection in the UK because they are at risk of torture if returned, and it is absolutely consistent with our international obligations.

[Dr Mathias]

I thank everyone who has taken part for such a wide-ranging discussion. I appreciate every single contribution.

I express particular thanks to the Minister for his sensitivity and clarity. I note that, on behalf of the Government, he unreservedly condemns the use of torture. I am very grateful to him for being clear about not using even British overseas territories for rendition. I am sure that we will get equally clear statements from the Government about complicity.

The Minister said that the published policy was clear. I hope that he will take back to the Department the information from all hon. Members present that we feel that, in practice, it is lacking. That is a cross-party message. I applaud the fact that the Minister will continue to engage with officials and that he is concerned about the quality of decision making. I reiterate what was said by other hon. Members and, in particular, the point made by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) that we need an audit. We need quality assurance in the Department, and an audit.

[Mr Goodwill]

I would not go so far as to say I was concerned. I was just making the point that there is always room for improvement in this type of process.

[Dr Mathias]

I appreciate the Minister’s clarity and I urge the Home Office to do a proper audit of asylum claims in which torture is involved or suspected. I am glad that the Minister acknowledges the issue of case hardening, but a strategy needs to be in place. There was mention of claims made outside the UK. The point is that we can be a global leader. We might be able to send our experts and, hopefully, Home Office caseworkers; if they improve their expertise, we can then also guide other countries.

I pay credit to the hon. Member for Harrow West (Mr Thomas), who expressed concern for constituents with a background in Sri Lanka, which is still of exceptional concern. Unfortunately, I do not believe that we have heard today that the full day’s training has been rolled out; that does not appear to be the case.

I appreciate the words of my hon. and gallant Friend the Member for Tonbridge and Malling (Tom Tugendhat). I absolutely agree that the right to be free from the experience of torture is an unqualified right; indeed, it is an inalienable, non-derogable right. The point was very well made that we realise in this country that torture actually makes us more vulnerable.

I do not know how serious the right hon. Member for Orkney and Shetland (Mr Carmichael) was, but I think it was a good point that on every desk in the Home Office and Foreign Office should be the words: “We do not sanction torture and are not involved in it”. I agree with him on that. He raised a very important point about the ethics of, and clarity about, sharing intelligence with countries that practise torture. I think that shows that we need more time for this debate—I am sure that the Backbench Business Committee will take note of that today. Again, we need auditing; we need statistics.

As the hon. Member for Ealing Central and Acton (Dr Huq) said, Foreign Office statements should be clear. I do have some disagreements with the hon. Lady. I do not believe that we should be lecturing the rest of the world; I believe we should be engaging with them and leading. I have really valued the cross-party tone of the debate and I value the Minister’s sensitivity. I am sorry, because I have a lot of respect for the hon. Member for Ealing Central and Acton, but on these policy matters, I do not believe that we will be successful, as a House of Commons, by trying to exacerbate any divisions. Apart from that contribution, I think we have power in this debate.

My final point is to show how the UK leads in this world where torture exists. We beat torture by rehabilitating people and making them full members of our community. I pay respect to those in the Public Gallery. You will not be able to know which one of those people has been tortured, because they are a full member of, and contributing valuably to, our community.

Question put and agreed to.

Resolved,

That this House has considered UK policy on torture and the treatment of asylum claims.