Shaker Aamer

Debate between Yasmin Qureshi and Alistair Burt

Wednesday 24th April 2013 Westminster Hall

[Alistair Burt]

Let me deal with that when I respond to the remarks and questions from the hon. Member for Islington North (Jeremy Corbyn) on that subject. There is a limited amount I can say, because, ultimately, it is the United States that is holding Mr Aamer, not us. There is only so much we know about the reasons, but I will say a little more about that later.

I reiterate that the Government continue to support President Obama’s commitment to closing the detention facility at Guantanamo Bay. We understand the requirement for detainee transfers and releases to satisfy US legislation. Previous legislation passed by the United States Congress—namely, the 2011 National Defence Authorisation Act—all but precluded transfers out of Guantanamo Bay. That legislation was renewed by the US Government for 2012 in largely the same terms, but it allowed for the US Secretary of Defence to exercise a waiver should stringent conditions be met.

Despite our best endeavours, Mr Aamer was not released in 2012. Indeed, no detainees were released from Guantanamo Bay in 2012. The National Defence Authorisation Act was renewed in January 2013. All Guantanamo Bay detainees cleared for transfer or release now require a waiver under the Act before they can be transferred or released from the detention facility, regardless of their destination country. The Government continue to work with US counterparts to consider the implications of the NDAA 2013 for Mr Aamer’s release. Notwithstanding that, any decision regarding Mr Aamer’s release ultimately remains in the hands of the United States Government. I will have a little more to say about that in a moment.

Let me deal briefly with welfare issues and then return to some of the questions colleagues raised in the debate. We continue to take concerns about Mr Aamer’s welfare very seriously. The US Department of Defence has confirmed to us that Mr Aamer is participating in the current hunger strike at Guantanamo Bay. Notwithstanding that, the US authorities have assured us that he is in a stable condition, that he is not in solitary confinement and that he is being offered medical treatment. In addition, the FCO has asked the US Department of Defence substantively to respond to specific allegations that have been made. We have no reason not to believe the welfare assurances we have been given by United States authorities. I should add that the International Committee of the Red Cross has access to Guantanamo detainees.

[Yasmin Qureshi]

Has anybody from the Foreign Office actually visited Guantanamo Bay and seen for themselves the condition of Shaker Aamer? If they saw him, there would be independent evidence to say that he was fine and that he was being treated properly, and we would not worry so much. If it is being said he is being treated well, has any effort been made to go to see him? If not, has permission been refused?

[Alistair Burt]

The reason is that we cannot offer a non-British national, which is Mr Aamer’s status, consular assistance. Consular access and responsibilities are afforded to states only in respect of their nationals. Our consular policy towards 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. However, although we are not able to visit him in Guantanamo Bay, we routinely inquire about Mr Aamer’s welfare, and we always follow up allegations of poor health, as a matter of priority. We are confident that the assurances that we receive from the US are accurate and credible, and have no reason to believe otherwise.

[Yasmin Qureshi]

I appreciate that because Mr Aamer is not a British national he cannot technically or legally speaking be given consular assistance, but bearing in mind the fact that the British Government are making representations on his behalf for him to be released back here it would not be that difficult for someone independently to go and speak to him, and then come back and say, “He’s okay; the suggestion that he is being tortured or treated badly is all wrong.” That would shut people up if they are wrong in saying he has been treated badly. That is all. It is just common sense.

[Alistair Burt]

As far as I am aware, there is independent access to Guantanamo detainees through the ICRC. That provides exactly the independent reference that the hon. Lady would look for. Our consular policy is clear.

--- Later in debate ---

[Alistair Burt]

In all fairness, we are getting into the same sort of area. I do not make light of this. Plainly, I have a supposition about why the United States might want to retain Mr Aamer. It is inconsequential in terms of the United Kingdom’s position on his release from detention, and whether we think the detention is wrong. We do. It is clear we have a difference of opinion with the United States in relation to this; but going into the detail of what we think and what they think is part of the confidential discussion we need to have on his behalf, in order to seek his release. Going into that detail here is not something I can do, understandable though it would be to Parliament, as it is an intelligence matter, which a previous Government would understand well, and would deal with in exactly the same terms.

[Yasmin Qureshi]

I understand that the Minister cannot tell us the details of the discussions that have been happening, but when he next has a chance to discuss the matter, can he raise something with the US authorities? Mr Aamer’s lawyer, Clive Stafford Smith, has said that he has access to classified material from MI6, which he cannot share—a bit like the Minister— even with his client. However, he is able to give some information from the documents, and he can say that the British security services are actively misleading their US counterparts to ensure that he is never allowed to return to Britain; and that they have gone round bad-mouthing Mr Aamer and saying things that are simply false. Not only were they part of his abuse, but they falsified evidence against him.

[Alistair Burt]

I understand the point fully, and, again, the answer is partly the same that I would have given a moment ago, in terms of allegations made against British security forces and the like. However, I will say two things in response. I can say clearly that we are using, and will continue to use, our best endeavours to secure Shaker Aamer’s release. I am aware of the allegations that have been made, and want to make it clear that all parts of Government are pulling in the same direction, for Mr Shaker Aamer’s release.

Also, as to the Government’s response to allegations of wrongdoing in the past by British security services, and our attempts to open things up and to give compensation where things have been wrong, the Prime Minister has said explicitly that torture and rendition are not part of British security activity, whether or not they have been in the past. We have opened that up and offered compensation where things have been wrong. I think that the hon. Lady will appreciate that it is not in our interest, having gone so far in relation to other cases, to seek to do something contrary now. I give an assurance that all parts of the British Government system are pulling in the same direction, for the return of Mr Shaker Aamer.