Torture and the Treatment of Asylum Claims

Debate between Gareth Thomas and Robert Goodwill

Thursday 2nd March 2017 Westminster Hall

[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 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.

Transport for London Funding

Debate between Gareth Thomas and Robert Goodwill

Tuesday 15th December 2015 Westminster Hall

[Mr Thomas]

My hon. Friend has made her point, and I stand with her on her concerns about Vauxhall station.

Also in south London, Waterloo’s overall passenger numbers have rocketed from 62 million 10 years ago to 100 million now. At some locations, peak-time travel is already close to unsafe, as I have said, and, for example, closure of Oxford Circus tube station due to overcrowding is now routine.

It is not just the rail and tube networks that TfL manages that are under pressure; its own estimates suggest that London’s roads are coming under greater pressure from increasing car usage, at a time when there is pressure to allocate more space to achieve safer cycling and good walking routes. If nothing else changes, by 2031 an increase in congestion of at least 60% is expected in central London; for the rest of inner London, congestion is set to rise by some 25%; and even in outer London, we expect to see a 15% increase in congestion. Traffic speeds are coming down and car journeys are taking longer. Congestion is already bad for ordinary car users, who face the nuisance of longer journeys, and it is bad for business, too.

As an aside, I hope the rumours that the Government are trying to ease air pollution controls are false, because in London the scale of air pollution, much of it diesel-related, is already extremely worrying. Perhaps the Minister will comment on that. The continuing need for TfL to invest in greener, less polluting vehicles is widely accepted, but such investment is a not insignificant future cost. However, from 2010-11 to 2014-15, TfL income from the Department for Transport fell by more than a third. In the coming year, Government grants will amount to only a little more than 20% of TfL’s annual budget. The transport systems of major competitor cities in Europe receive a considerably higher percentage of their funding from central Government sources. In Paris, for example, transport gets more than 40% of its funding from a Government transport tax.

Transport for London receives two types of grant from central Government: resource grants and infrastructure grants. The Department for Transport was hit particularly hard in the spending round, so it is perhaps no surprise that TfL has been significantly affected, with a 34% cut in funding overall in 2016-17. In the spending review, the Government said that they would phase out the resource grant to TfL, claiming that that

“will save £700 million…which could be achieved through further efficiency savings…or through generating additional income from…land TfL owns”.

It would be more accurate to say that TfL will, as a result of the Chancellor’s decisions, lose about £3 billion over the business plan period of 2015-16 to 2020-21. Inevitably, the loss of grant funding will have an adverse impact on the quality of service that my constituents can expect. The resource grant is to be axed—crucially, earlier than TfL had been led to believe.

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

The hon. Gentleman has outlined the massive increase in usage of the underground and other TfL transport. Congestion charge takings have also increased, because of more vehicles. Does he not therefore agree that any resource funding needs to be viewed in the context of fares, which are coming in in larger numbers?

[Mr Thomas]

I will talk about fares in a little while, and of course one has to look at TfL income in the round. Nevertheless, I hope that the Minister accepts that the loss of £3 billion over the current five-year business plan period is a huge reduction in funding.

Before the spending review announcement a couple of weeks ago, TfL had still expected to receive almost £800 million in revenue funding until as late as 2019-20. Any surplus in resource spending—there has consistently been a substantial surplus in the operating budget—has been reinvested to help fund TfL’s capital programme. Any loss in that funding will therefore inevitably have an impact on capital investment.

The announcement of those huge cuts comes at a time when TfL has had to announce a five-year delay to the wonderfully named sub-surface upgrade programme: a plan to increase by 40% the number of people who could travel on the District, Circle, Hammersmith and City, and—crucially for my constituents—Metropolitan lines. New trains and better signalling were to be delivered by 2018, but following the failure of the contract with Bombardier Transportation, the expected completion date has been shifted back to 2023. Will the Minister confirm that the cut in funding to TfL will not further exacerbate the delay in modernising the Metropolitan line and those other lines that were initially part of the sub-surface upgrade programme? TfL has estimated that the knock-on impact of the delay on London’s economy is £900 million. That is income and jobs that Londoners, some of them in my constituency, are set to miss out on.

TfL now claims that the cost of completing the modernisation of the Metropolitan line and the other routes under the sub-surface upgrade programme has increased by £1.15 billion since previous forecasts. To put that into context, TfL’s planned capital expenditure for 2016-17 alone is about £3.3 billion. Inevitably, the extra costs from the failure of the Bombardier Transportation contract, plus the huge cut in grant funding, call into question other investment projects and the speed at which they will be completed.

--- Later in debate ---

[Mr Thomas]

Rather than getting into the detail of what may happen with the garden bridge, let me say that I would prefer to see that money reallocated to a series of other existing and necessary capital investment projects. If my hon. Friend will forgive me, I think the priority is Harrow, but I am sure that he will be able to make the case for south London well.

I come back to the concern that the £3 billion cut in funding in the spending review and the extra costs from the sub-surface upgrade programme might put other investment projects at risk. The Piccadilly line refurbishment is particularly important for many of my constituents who live in Rayners Lane, South Harrow and Sudbury Hill. Will the refurbishment programme for that line go ahead as planned? There has been much speculation about when, or if, the night tube will go ahead. Perhaps the Minister can give us an indication of whether it is at risk of cancellation or substantial delay as a result of those cuts. In the Minister’s intervention, he raised a point about fares revenue. The upgrade of the four lines in the sub-surface upgrade programme would have generated extra fares revenue that will now be lost, as more passengers will not be able to be carried until much later. Some estimates suggest that that could be as much as £270 million lost.

In the eight years in which the hon. Member for Uxbridge and South Ruislip (Boris Johnson) has been Mayor of London, fares have rocketed. Some of my constituents, such as those who travel from West Harrow on the Uxbridge branch of the Metropolitan line, have seen a 60% increase in the cost of travelling into central London. My constituents and others who live in outer London and use the tube regularly have been treated as a cash cow by the Mayor of London for too long. I am concerned that the loss of that £3 billion may increase the pressure on the Mayor, and/or future Mayors, to raise fares still further.

I am also concerned that further job cuts on Transport for London’s network, which are now inevitable, will further compromise the safety and security of passengers, including my constituents. TfL operational staff fulfil crucial operational functions as well as many safety-critical roles such as managing peak flows of passengers and handling emergencies. On the tube, DLR and Overground, adequate numbers of staff are needed to identify and respond to emerging crush situations.

Adequate numbers of staff are required to limit fare evasion, too, which is rocketing—it is up to £61 million a year following a reduction in staffing levels. I pay tribute to Greater London Authority Labour colleagues, led by the excellent Val Shawcross, Navin Shah and Len Duvall, for that information. Visible staff help to deter and detect crime, including people preparing for or engaging in acts of persistent serious crime and even—God forbid—terrorism. Staff also reassure passengers during tense periods such as now, but staffing is at its lowest level in recent history and Government cuts make it look likely that it will drop further.

Under plans for staff cuts at stations, Leytonstone station, which currently has four staff in peak periods, will be reduced to two members of staff—a 50% reduction at a station where there has already been a worrying terrorist incident. That is just a small indication of the worry that further job cuts, driven by the major cut in Government funding, might force on us.

I understand that London Underground Ltd now plans to cut a further 838 front-line staff positions from normal traffic hour operational levels. New staffing levels have apparently been derived from so-called business need schematics formulae, which do not incorporate the need for security checks or other operational needs. As a consequence, staff are required to meet the demands of security checks and will have to be removed from their allocated customer service positions for sizeable portions of their shifts to do so, leaving their areas unstaffed and effectively unmonitored on occasion. That is a concern. Will the Minister be willing to review with Transport for London’s managing director whether the loss of those front-line staff is a sensible way forward and whether alternatives might be found?

[Mr Goodwill]

Does the hon. Gentleman agree that, given Oyster and the introduction of other smart ticketing systems, the move to get staff out of ticket offices and on to stations to assist passengers and help with security is good and something that we wish to see more of?

[Mr Thomas]

I might have been more sympathetic to the Minister’s intervention if there were not plans to shut more of the control rooms on the underground, because London Underground Ltd proposes that all but a few control rooms in the largest stations will be de-staffed. Proposed staffing cuts and that emphasis on customer-facing duties will require staff who are normally allocated to control rooms to work in the ticket hall. The result will be that there will be no routine monitoring of CCTV at more than 90% of stations, including some that have high volumes of passenger traffic, when major events are taking place. Will the Minister be willing to meet, with me, a deputation of the workforce who are concerned about the impact of the various job cuts on passenger safety? I look forward to his answer, and hope that he will, in the spirit of his interventions, and the spirit in which I have taken them, be willing to do that.

I want to raise some concerns about the impact of the cut in TfL funding on the accessibility of the London underground network. My constituency has six tube stations—exclusively tube stations—that are inaccessible to people using a wheelchair, and usually inaccessible to people with a pram. I understand that there are no plans for North Harrow, South Harrow, Sudbury Hill, Rayners Lane or West Harrow to be made accessible. There has long been talk of a plan for Harrow on the Hill to be made accessible, but it is not currently included for access to the small amount of funding that is available to make stations more accessible. I worry that the loss of £3 billion will reduce its chances even further. Perhaps the Minister would use his influence with Mike Brown, the head of Transport for London, who I am pleased to say came to North Harrow station to celebrate its centenary earlier this year, and encourage him to take an interest in the accessibility of Harrow on the Hill station.

My last point about the impact of the cuts concerns property income and the pressure on Transport for London to maximise its income from property sales or assets—essentially from the land that it owns. I should think that the whole House would think it a good thing to encourage Transport for London to make its land available for housing. The concern is that it is being put under heavy pressure to extract as much value as possible from selling its land or the housing on the land, with no consideration of Londoners’ broader needs for affordable housing. There are also concerns, as my hon. Friend the Member for Hammersmith (Andy Slaughter) knows well, about the methods being used to encourage Transport for London down the property development route. It has established a commercial development advisory group, which is chaired by Francis Salway, with Richard Cotton, Mike Jones and Richard Jones as the other members, but I worry that none of them has a background in social or affordable housing. I hope that the Minister may be willing to use his good influence to encourage Transport for London to see the bigger picture about housing in London, while at the same time seeking to maximise its income from its land.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

I congratulate the hon. Member for Harrow West (Mr Thomas) on securing this debate about Transport for London funding, which is timely following the spending review. I will put the cart before the horse by dealing first with some of the questions that have been raised, meaning that if I do not have time to conclude my remarks, what I want to say will be cut off, rather than what hon. Members might want to hear.

The hon. Gentleman asked whether the upgrade of the sub-surface lines will be further delayed by the cuts in Government funding, and I have to point out that the delay was announced before the spending review. Indeed, the delivery of the upgrade is a matter for the Mayor. We have protected TfL’s capital funding and expect the Mayor to prioritise such tube upgrades as part of that process. The hon. Gentleman also asked whether other projects will be delayed; once again, it will be a matter for the Mayor to prioritise such projects. We will be agreeing a settlement letter with the Mayor that makes it clear which infrastructure projects we expect him to deliver, and by when.

[Mr Gareth Thomas]

I gently plead the parochial point that the Minister prioritises in the settlement letter the Metropolitan line upgrade as early as is reasonably possible.

[Mr Goodwill]

I certainly take note of the hon. Gentleman’s point; no doubt that issue will be raised during the upcoming mayoral election.

The hon. Gentleman raised the specific point of accessibility at Harrow on the Hill station, and I will ask Mike Brown to provide me with a report as soon as possible about the practicality of addressing that. As the hon. Gentleman will be aware, many of our Victorian tube stations do not lend themselves to such upgrades at a reasonable cost, although we have made considerable progress. In particular, the new Crossrail project will vastly increase accessibility for people with mobility problems.

The hon. Gentleman also asked whether there could be further devolution of property taxes, which is, of course, a matter for the Chancellor of the Exchequer, who has announced that business rates will be 100% devolved to local authorities from 2020. There will be a consultation on that in 2016, including on how the system will work in practice. Various things will need to be considered, including how the income from London’s business rates will be split between the Mayor and the boroughs, and which Government grants that will replace.

The hon. Member for Vauxhall (Kate Hoey) talked about the garden bridge. The Government and the Mayor have each agreed to make a funding contribution, but most of the costs will be met by the private sector. The garden bridge will be an iconic and attractive addition to the capital, and it will be free—there are no plans to charge people who use it.

The hon. Members for Poplar and Limehouse (Jim Fitzpatrick) and for Eltham (Clive Efford) raised the issue of the Silvertown tunnel, which is, again, a matter for the Mayor. Transport for London has recently consulted on the proposal. We agree that the tunnel is an important project and hope that the Mayor can deliver on it quickly. TfL is considering what package of public transport improvements might be needed to complement any new crossings, which might include DLR extensions, but the Mayor will need to take a view on the relative priority of such extensions compared with other schemes.

The hon. Member for Poplar and Limehouse also mentioned the cruise ship terminal. I have visited both London Gateway and the port of Tilbury, and I was impressed by the investment going into those projects. Indeed, London is re-establishing itself as a major port. I pay tribute to Dame Helen Alexander, whose term as chair of the Port of London authority ends at the end of this month. She has been a driving force behind the work that has been going on.

The hon. Gentleman raised in particular the issue of ship-to-shore energy supplies in a number of ports across the country, on which I am keen. Indeed, ports could derive income from supplying electricity. We will certainly consider how that might be funded, but such sensitive sea areas come under the quality of marine fuel regulations that have been agreed throughout the European Union, so ships will have to use low-sulphur fuel or to be fitted with mitigation equipment to ensure that they at least take care of sulphur. I am aware that ships produce other pollutants when in port.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), who speaks for the Scottish nationalists, talked about smart ticketing, which has been revolutionary since I arrived in London just over 10 years ago. I was then buying tickets, so the introduction of Oyster has been fantastic. Of course, a new aspect of ticketing, which is already in force on the west coast main line and is an element of the new Northern and TransPennine franchises, is automatic refunds when trains are delayed. I hope that new franchises take that on board. In due course, I hope it becomes the norm that if a train is delayed, a customer, having bought their ticket or season ticket on the train operating company’s website, will automatically get a refund, rather than having to apply. Passengers in the north of England are looking forward to that service becoming available.

I think it was the hon. Member for Harrow West who talked about meeting staff at the National Union of Rail, Maritime and Transport Workers. I occasionally meet the RMT, but more through my responsibility for shipping. I suspect that the Mayor of London would primarily be moving forward on that issue, but I hope that, following further discussions, we can soon deliver on the night tube. Many people look forward to some sort of agreement on that, particularly at this time of year when London’s night time economy is so vibrant. The hon. Gentleman also raised the issue of manning for British Transport police. Many people were relieved when the Chancellor of the Exchequer announced that overall police funding would not be subject to the cuts that many had predicted, but I will look into the specific issue of British Transport police and get back to him.

The hon. Member for Cambridge (Daniel Zeichner) said that TfL is facing a huge hit to its revenue budget. Actually, in terms of capital funding, this Government will nationally be deploying 50% more than the previous coalition Government, which is good news for people who use our train services and roads. He also mentioned the bus service operators grant, which is indeed a fuel subsidy. One criticism that I get from bus operating companies and bus manufacturers is that the BSOG is a disincentive for the roll-out of environmentally friendly or green buses. For example, electric buses that use no fuel get no BSOG.

The hon. Gentleman also raised the fact that Transport for London will soon no longer need any day-to-day operating subsidy, which is a good news story as that has been made possible by our sustained investment in London in recent years allowing TfL to make significant operational savings. London’s growing population and successful economy mean that more and more people are using public transport in London, which in turn, as I pointed out earlier, means that TfL receives more and more income from fares. TfL’s commercial development programme is also allowing it to generate more income from the private sector.

Having not got on to my prepared introductory remarks, I shall conclude by making the point that the spending review settlement shows that we recognise that London today is a city on the move. The capital’s economy is moving emphatically in the right direction, and our support is helping to transform London’s transport network. I am proud to be part of that transformation together with all our partners, including TfL. The investment that we are making for the next five years will not just keep London mobile, but will equip the city for the challenges of the future so that it can compete and win in the 21st-century global economy.