Shaker Aamer

Andy Slaughter Excerpts

Wednesday 24th April 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for Battersea (Jane Ellison) for raising this issue and for her work in supporting Shaker Aamer’s family, which she has done consistently since she was elected. She has done all she can to raise his case, including through conversations with me at the Foreign Office.

I also acknowledge the work of the right hon. Member for Tooting (Sadiq Khan), whom parliamentary convention prevents from speaking in the debate. He has been an advocate and a concerned Member of Parliament for other parts of the family. We fully appreciate his presence and the reasons why he cannot speak. I also thank colleagues who have made interventions and speeches during the debate.

I will do my best to deal with as many of the questions that have been raised as possible. I would like to put some remarks on the record first and then to deal with some of the issues that have been raised in questions. I will not be able to deal with all the questions. Some refer to confidential discussions we have with the United States, which we cannot go into. Some deal with intelligence matters, which no Government discuss in public. I do not have the answers to one or two of the questions with me, including some of those asked by the hon. Member for Brighton, Pavilion (Caroline Lucas). I thought I might deal with her list of questions by writing to her and putting a copy of the letter in the Library so that other Members can see it. However, let me deal as best as I can with some of the issues that have been raised.

For absolute clarity, let me say that the Government’s consistent position is no different from that of our predecessor. It is the long-standing policy of the Government that we should seek the release and return of those UK nationals and former legal residents who have been held at Guantanamo Bay and, in so doing, assist the US Administration in their efforts to close the detention facility. There is no change in Government policy; our policy is to support efforts in the United States to close Guantanamo and to seek the return of UK residents and nationals—that now comes down to Mr Shaker Aamer.

As Members will be aware, Shaker Aamer was part of an exceptional request in 2007 by the then Foreign Secretary for the release and return of all former legal UK residents held in Guantanamo Bay. Securing the release and return of Mr Aamer, the last remaining former British legal resident, remains a high priority for the Government. It remains the Government’s understanding that Mr Aamer has only ever been cleared for transfer, and not release. The US authorities have not charged him with any crime, and nor do they intend to prosecute him. It is the Government’s belief that it is Mr Aamer’s wish to return to the United Kingdom to be reunited with his wife and family. We therefore continue to make it clear to the US that seeing Mr Aamer released and returned to the United Kingdom is a priority for us.

Mr Aamer’s case has been repeatedly raised by the Foreign and Defence Secretaries with their US counterparts. That level of engagement has been undertaken on the understanding that the US Secretaries of Defence and State, in consultation with the director of national intelligence, have the authority to affect Mr Aamer’s release and return. It is the Government’s intention to raise Mr Aamer’s case with new office holders as soon as is practical. In support of that ministerial level engagement, I raised Mr Aamer’s case with Deputy Secretary of State Bill Burns just a week ago last Monday, at a face-to-face meeting in Washington. In addition, senior officials continue to discuss Mr Aamer’s case with their US counterparts.

Despite the high level of public and parliamentary interest in Mr Aamer’s case, it remains necessary for the Government to keep the details of diplomatic discussions with the United States Administration confidential. Any breach of their expectation of confidentiality would likely hinder UK efforts to secure Mr Aamer’s release and return. Confidentiality aside, we welcome the continued engagement of Members of the House who share our common vision to see Mr Aamer returned to his family in the United Kingdom. We remain committed to offering assistance to those parliamentarians who wish to raise his case directly with figures in the United States. We also welcome the degree of interest from the public and the signing of the petition, which led directly to my hon. Friend the Member for Battersea raising this issue today.

[Mr Andy Slaughter (Hammersmith) (Lab)]

I am sure the Minister is absolutely sincere in what he is trying to do. I appreciate what he says about confidentiality. A lot of constituents regularly raise this matter with me, and they cannot understand why, given the special relationship with the United States, it is not possible to get a more positive response. Is there anything further the Minister can say about the reasons he is being given by US officials?

[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.