Shaker Aamer

Jane Ellison Excerpts

Wednesday 24th April 2013 Westminster Hall

[Jane Ellison (Battersea) (Con)]

Good morning. I am pleased to open the debate under your chairmanship, Mr Robertson, and to welcome colleagues here to support this important debate. I thank everyone who signed the e-petition that helped to secure it and I am glad that we were able to do so so quickly after the e-petition hit the 100,000 signature threshold. I thank everyone who made that happen, including the hon. Member for North East Derbyshire (Natascha Engel), Chair of the Backbench Business Committee, the Speaker, and the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt).

Guantanamo Bay, extraordinary rendition and the practice of effectively interning detainees without due process are wrong, and worse, a foreign policy disaster for our important ally, the United States. However, I am not here today to try to solve the problems of Guantanamo Bay or make general criticisms of US foreign policy—those debates are for another time. I am leading the debate with the sole aim of understanding what more the British Government and the US authorities can do to make the release of Mr Shaker Aamer, my constituent, and his return back to his family in London—the clearly stated policy of the British Government—more likely.

The debate has been given greater urgency by reports of a new round of hunger strikes, which started on 6 February, and conflicting information about Mr Aamer’s health. His US lawyer, Clive Stafford Smith, and the Foreign and Commonwealth Office have confirmed that Mr Aamer is one of at least 63 detainees involved in the hunger strike. From previous legal declarations made by Mr Stafford Smith following visits to his client in Guantanamo Bay, I understand that Shaker Aamer’s health was already poor and declining, even before the current round of hunger strikes began. Mr Aamer now fears that he will die in the camp, and his family and I, and many others, are extremely concerned for his physical and mental well-being. The US Under Secretary of Defence for Policy, James N. Miller, wrote to me on 26 February stating that Mr Aamer was in “good health”. The Minister wrote to me on 17 April telling me a US official had stated:

“Mr Aamer is in a stable condition”

and that

“he is being offered medical treatment”.

Mr Aamer’s lawyers have a long-standing request that the Foreign Office persuades the US authorities to allow an independent doctor to visit Mr Aamer in Guantanamo. It was arranged at Britain’s request for Binyam Mohamed, a former detainee and British resident. Will the Minister consider reinforcing that request?

Further to that, recent reports of US troops in riot gear assaulting the minimum security wing of the facility with batons and rubber bullets are particularly troubling. Mr Aamer reports to his lawyer that he is being “assaulted”, as he puts it, by the so-called forcible cell extraction team when he asks for anything, including his medication. I am concerned, and Parliament should be concerned, about the apparent disconnect between the various reports from Guantanamo Bay and what the US authorities say to our Government. Will the Minister comment on that?

Many people here will be aware of the details of Mr Aamer’s case, but for those who are not, a bit of background might be helpful. Shaker Aamer is a 46-year-old Saudi national and a permanent resident of the UK. He had permission to live in the UK indefinitely, based on his marriage to a British national. Mr Aamer has been held by the US Government, without charge, in the Guantanamo Bay detention camp for more than 11 years. He met his wife, Zinneera, in 1996 and started a family in London. His wife and four children, Johina, Michael, Saif and Faris—all of whom are British citizens—live in Battersea and are my constituents. His father-in-law, Mr Siddiqui, who started the e-petition, lives in Tooting, as do many of his supporters. The right hon. Member for Tooting (Sadiq Khan) is in his place; he cannot speak because he is a Front Bencher, but I am grateful for his support for the debate and for the ongoing campaign to free Mr Aamer.

In the summer of 2001, Mr Aamer went with his wife to Afghanistan. Shortly after, coalition forces entered the country. He managed to get his wife and children safe passage out of Afghanistan and they eventually arrived home. He had to separate from his family to protect them because, like many other foreign nationals, particularly Arabs, Mr Aamer was picked up by Afghan warlords and sold to the American forces, who were apparently paying thousands of dollars in bounties for anyone suspected of being an enemy combatant. After a short time at the detention facility in Kabul, he was transferred to the US Bagram airbase and then to the US Kandahar base, before being rendered to Guantanamo. He arrived at Guantanamo Bay on 14 February 2002, the day his youngest child, Faris, the son he has never met, was born in London. The explanation of why he was in Afghanistan is, in my view, beside the point. I have never met Mr Aamer and have never taken a view on why he was there. The fact remains that he languishes in Guantanamo Bay and has been there for more than 11 years without a charge being brought against him associated with his time in Afghanistan or any other period.

Shaker Aamer is one of the last 166 detainees still held at the facility, out of a total of 779 brought there from around the world from January 2002 onwards. He is Detainee 239. He has been cleared for transfer on two separate occasions by the US Government: in June 2007, when the Bush Administration conceded they had no evidence against him; and again in 2009, following the review of detainees initiated by President Obama’s Executive Order 13492, called “Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities”. It was headed by Special Envoy Daniel Fried and was one of newly elected President Obama’s first executive orders. The transfer clearance document issue to Mr Aamer in November of 2009 was explicit:

“On January 22, 2009, the President of the United States ordered a new review of the status of each detainee at Guantanamo. As a result of that review, you”—

that is, Shaker Aamer—

“have been approved for transfer out of Guantanamo. The United States Government needs to make appropriate arrangements for your transfer and this will require negotiation with countries where you could be possibly transferred. We cannot at this time give you a specific time for your transfer. The United States Government intends to transfer you as soon as appropriate arrangements can be made.”

The meaning of the document is clear: he was allowed to go to “countries”—plural, which is important—and it should happen as “soon as appropriate arrangements” could be made. The US now apparently says he has only ever been cleared for transfer to Saudi Arabia. That is not Mr Aamer’s wish, not least because it would mean abandoning his family in London. Three years on, of course, he has not been transferred anywhere: Mr Aamer remains in Guantanamo Bay. Rupert Cornwell, in The Observer, summed up the situation well when he said that

“even George Orwell would have been pressed to conceive the plight”

of Shaker Aamer and other detainees in his situation,

“cleared for release, but denied freedom”.

[Mike Freer (Finchley and Golders Green) (Con)]

I congratulate my hon. Friend on securing the debate, which is on a subject on which she has campaigned hard. I apologise that I need to step out for a meeting, but I will return for the rest of the debate. Does she agree that this detention without trial is a stain on a democracy? To hold an individual for that period without bringing charges is not acceptable and is akin to the treatment in Soviet gulags, which the Americans criticised throughout the cold war.

[Jane Ellison]

I could not agree more; it is exactly that. It is one of the distinguishing lines that we should draw between our mature democracies and those we have criticised over many years. For many decades, the west criticised the gulags of the Soviet era, yet we seem to have replicated them.

[Stephen Timms (East Ham) (Lab)]

I congratulate the hon. Lady on securing the debate; she makes a compelling case. Can she shed any light on the change from what we thought was clearance to be freed to clearance to go only to Saudi Arabia? I have seen it reported in the press. Does she know how that change in, presumably, the US position occurred?

[Jane Ellison]

In short, no. That is one of the things I hope to tease out in the debate. The US did not specify any countries at the time, but clearly said “countries where appropriate arrangements can be made.” I shall go on to make the case that the UK is the most appropriate country with which those arrangements could be made.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate the hon. Lady on securing the debate; she has done a good service here today. Perhaps the Minister will give a better answer, but does she know the British Government’s attitude to the change that has meant that the individual can go only to Saudi Arabia ?

[Jane Ellison]

It is the clear and oft-stated policy of the British Government that Shaker Aamer should be released and returned to the UK. There has never been any equivocation, but I am sure the Minister will expand on that more fully.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I congratulate the hon. Lady on securing the debate. On the question of “Why Saudi Arabia?”, will she comment on the increasing speculation that Mr Aamer is cleared for only that country precisely because it would prevent him from speaking out against his abuse—abuse in which it looks very likely that the UK authorities might have been complicit?

[Jane Ellison]

I thank the hon. Lady for that intervention; I know she is going to make her own contribution later. I have come around to the view that that is one of the only credible explanations, and I will talk about it later.

After 11 years, it is clear that the US does not have sufficient evidence against Shaker Aamer to bring charges, because if it did, it surely would have done so by now, as it has for many other detainees. We are left, therefore, with the fundamental questions: Why is Shaker Aamer still being held, and what are the conditions under which he may return to the UK? I put those questions directly to Brigadier General Mark Martins, chief prosecutor of the US office of military commissions in Guantanamo, when he came to the House of Commons last September, and to Leon Panetta, the outgoing US Secretary of Defence, when he visited the House in January. The official reason they both gave for Mr Aamer’s continued detention was that he was being held under

“the law of war…intended to prevent his return to the battlefield for the duration of hostilities in which he was previously engaged.”

That concerns me for many reasons. First, there is no credible evidence that Mr Aamer was ever engaged in “hostilities”. Secondly, the duration period described is incredibly vague. When he responds, will the Minister say whether the Foreign and Commonwealth Office has an understanding of what that might mean? Does it mean for, for example, the duration of the US deployment to Afghanistan? Will it extend beyond the US troop draw-down from Afghanistan? That is important, because it might lead to an eventual release date.

In our country, even those convicted of very serious crimes know what sentence they must serve before they can be released, yet at this point Shaker Aamer has no such light at the end of the tunnel, even though other such difficult cases have been resolved. For example, the case of another British resident, Binyam Mohamed, who was often mentioned in the same breath as Mr Aamer, was also considered difficult and the US was initially reluctant to release him, but military charges against him were dropped and he was released to the UK in February 2009.

Although I have been encouraged on many occasions by Ministers’ repeated public declarations of official Government policy to return Mr Aamer to the UK, and by the frequency with which his case has been raised, Mr Aamer remains in Guantanamo. It is time, therefore, to explore other means of securing his release. That might, I suspect, involve increasing the pressure on the US Government, and pulling diplomatic levers that have not yet been considered. Diplomatically, how might the Government respond if another foreign Government were holding a British resident without charge? I know that Ministers have called for Mr Aamer’s release, but perhaps the Foreign and Commonwealth Office should go further and consider making a public declaration, condemning his continued detention.

The US is one of Britain’s oldest and firmest friends. We are close allies and significant trading partners. Even if Ministers have to ruffle some diplomatic feathers to see Mr Aamer released, our relationship with the US would endure. Indeed, as I have said, releasing Mr Aamer to the UK would surely help President Obama to take another step towards fulfilling his now five-year-old pledge to close Guantanamo Bay.

There are a number of theories about why Mr Aamer remains detained. In The Mail on Sunday last week, David Rose suggested that Mr Aamer might have been present during the torture of another detainee who, I understand, later gave false information that was used to justify the invasion of Iraq. Clive Stafford Smith and others believe that the UK security services could be briefing against Mr Aamer through intelligence-sharing channels to keep him detained, perhaps to protect their reputation against accusations of complicity in torture. Has the Foreign and Commonwealth Office sought assurances that UK security services are not responsible for, or contributing to, Mr Aamer’s ongoing detention? I realise that the content of any such discussions cannot be shared, but have they even taken place?

Another route, which was discussed in detail with the Foreign Secretary and Mr Aamer’s lawyers when we met in the Foreign and Commonwealth Office last year, is through the US’s National Defence Authorisation Act for Fiscal Year 2013. The NDAA regulates defence spending, including on Guantanamo Bay, and also regulates how and when detainees can be transferred or released. Before 2012, granting certifications for transfers was made all but impossible because of the demanding obligations placed on the Secretary of State for Defence and others—the bar was set very high. However, since January 2012, the NDAA has included a new waiver mechanism, which allows the Secretary of State for Defence to release prisoners if any risk associated with their release has been “substantially mitigated”—that is the key phrase used. In October 2012, the Foreign Secretary confirmed that the NDAA 2012 and its new waiver mechanism might make Mr Aamer’s release more likely, and he agreed to pursue the matter of securing a waiver with any new US Administration. Is the Minister able to comment on whether any progress towards identifying and addressing the obstacles has been made?

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

I add my congratulations to the hon. Lady on securing the debate. She is asking all the right questions. Does she agree that it is the lack of transparency that is so damaging, and the sense that justice is being perpetually denied and delayed? Ultimately, that gives succour to the enemies of Britain and the US.

[Jane Ellison]

I could not agree more with the hon. Gentleman. It is the ultimate stain on democracy. A man should know why he is being deprived of his liberty and what he must do to win it back. That is how I come at it; that is one of the fundamental principles on which mature democracies base their thinking.

Will the Minister comment on whether some of the waiver steps have been satisfied, and what further steps we could take in Britain to satisfy the US authorities? One of the US’s concerns is the possible recidivism of released detainees, or, in the case of the many who did not commit an act of terrorism in the first place, whether their treatment in Guantanamo has inspired them to violence. Releases depend largely on whether the receiving country is trustworthy and able to demonstrate that it can significantly mitigate any risks of recidivism, and I strongly suggest that the UK is eminently trustworthy in that regard. After all, the US trusts us in a range of sensitive areas, for example shared intelligence and co-operation on joint military operations. Additionally, the NDAA requires the publication of a detailed report on incidences of recidivism and the countries in which they take place.

The UK has an exemplary record on reintegrating released detainees. To my knowledge, among all the Guantanamo detainees released to Britain, the sum total of recidivistic activity is a single speeding ticket. Indeed, I understand that the UK has the best record of any country to which a significant number of prisoners have been returned. The UK itself lives with a significant ongoing threat from international terrorism, and the fact that the UK Government are pressing for Mr Aamer’s return to this country is surely the clearest possible demonstration that they do not regard him as a risk, especially given that he is not a British citizen.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

I congratulate the hon. Lady—on behalf, also, of my constituents—on raising the case today and on the detail with which she is going into the case. I want to highlight recent comments made by my constituents, which state that there is clearly no reason why Mr Aamer cannot be handed over to the UK authorities for them to carry out the investigation. The UK authorities are trusted by most people in this country, and my constituents feel that that would be the right step, and the very least that could be done to move the case forward.

[Jane Ellison]

The hon. Gentleman is right, and it is a question not only of trust but of track record, as I have laid out. It is not something that has to be taken on trust; it is something that the British authorities have demonstrated, time and again, they are capable of doing.

Perhaps there are other simpler steps that our Government could take to mitigate the risk in the eyes of the US authorities. As I have said, if Mr Aamer is apparently being held under “the law of war” to “prevent his return to the battlefield”, could the UK Government not seek assurances that he would not travel back to Afghanistan, or to any other prescribed country that the US considered a battlefield, to satisfy the concern? Could travel restrictions be placed on him? Indeed, I understand from his US lawyer that Mr Aamer has agreed voluntarily to accept any such travel restrictions, and even to report regularly to the police.

Here we have it: in simple terms, the President of the United States says that he wants to close Guantanamo Bay, and a trusted ally wants to bring that ambition one man closer to fruition. It must be possible for one of the world’s leading nations to explain to a trusted ally what is standing in the way of making that happen.

This might surprise some people, but I want to put on the record my thanks to the security services, which probably keep us safe every day in ways we will never know. However, if someone in the intelligence community is blocking Shaker Aamer’s release, and if mistakes have been made in the past, they will come out in the end because that is the nature of our free societies. But how much worse would it be if, when they did, they showed that a man was allowed slowly to die, to shield the institutions of our democracies from embarrassment and exposure? Our institutions are more robust than that.

We are here today discussing a political problem, but behind the politics and the diplomacy there is a family tragedy. On behalf of Mr Aamer’s wife, Zineera and his children, Johina, Michael, Saif and Faris, I call upon everyone of good will to work together to secure the return of Shaker Aamer to the UK.

--- Later in debate ---

[Kerry McCarthy]

All hon. Members in this Chamber, with the exception perhaps of the Minister, can only speculate about the reasons why Mr Aamer has not been released. I hope that the Minister will tell us all that he can about the discussions that have taken place about the reasons given for his continued detention.

I do not think that the suggestion that Mr Aamer would be likely to be involved in terrorism activities, or would in any way be a danger to the public if he returned to Britain, holds water. As has been said, the other people who have returned to this country have not been involved in such activity. As far as I know, that has not been alleged.

[Jane Ellison]

As I said in my speech—I wonder whether the hon. Lady agrees—whatever might be revealed, it will always come out in the end, because in free societies it does. Our institutions are robust enough. Many hon. Members voted to go to war on what turned out to be a false precept under the last Government. It turned out that there were no weapons of mass destruction, yet our democracy has survived. Our institutions might be bloodied, but they are unbowed. Does the hon. Lady agree that, whatever might come out, we will survive it and be better as a result?

[Kerry McCarthy]

I agree. The bottom line is that we are fundamentally opposed to any collusion or complicity in torture or mistreatment. It would be wrong if British or American forces were involved in any such activities. Mistreating somebody who might expose such activities in a world where we are upholding human rights law must be wrong. If such activities did occur, they need to be flushed out into the open.

Obviously, there is always the underlying security issue. The United States has the right to defend its citizens, and we have the right to defend ours, against the threat of terrorism. That sometimes means that things cannot always be as transparent—as open—as we would like them to be. However, if there is any suggestion that we are not upholding the international laws that we claim to hold dear, that is a serious matter and we cannot hide behind that.

As has been said, this debate is so urgent because Mr Aamer has now been on hunger strike for more than 70 days and experts warn that he is now beyond the point of

“irreversible cognitive impairment and psychological damage”.

The hon. Member for Brighton, Pavilion (Caroline Lucas) mentioned reports that he is suffering with arthritis, asthma, prostate and kidney problems and severe backache. It is said that he can no longer read and is dizzy, but is reluctant to call the guards when he falls because of their previous treatment of him. Worryingly, it is claimed he is being denied water or has to endure a forcible cell extraction first—we have heard about that already—and there are other reports of hunger strikers being given only dirty water. According to his lawyers, Mr Aamer’s knee and back braces have been taken away, as has the blanket that he needed for his rheumatism. Papers recently filed with US courts cited “deliberate indifference” to detainees’ medical needs. Even if there were valid reasons for continuing to hold Mr Aamer in Guantanamo Bay, I think that all hon. Members would agree that he ought to be treated with respect and in accordance with the normal processes that we would expect to apply to anybody held in a prison—and not to be subject to this kind of treatment.

This is not Mr Aamer’s first hunger strike. He allegedly initiated a strike in 2005, following which he was punished with solitary confinement for 360 days. I understand that the US authorities deny the claims that Mr Aamer has been held in solitary confinement for three years. Again, we are not in a position to know whether that is so.

It is understood that 84 Guantanamo detainees are on hunger strike and five are being treated in hospital. There were reports of clashes just over a week ago, when the guards allegedly tried to end the hunger strike. It is difficult to verify conflicting reports, but it has been said that 16 people are being force-fed, in breach of the 1975 World Medical Association declaration of Tokyo, the guidelines for physicians concerning torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment.

It is on the record that the Government have repeatedly called on the Obama Administration to return Mr Aamer to the UK and that must remain the pressing goal, but will the Minister say what representations have been made regarding his treatment during his detention, and the conduct of the Guantanamo guards towards the other 165 detainees? Has the Foreign and Commonwealth Office sought information on how long and under what circumstances Mr Aamer has been held in solitary confinement? Given the grave concerns about Mr Aamer’s health, what discussions have the UK and US had on medical facilities at Guantanamo Bay; and will the FCO seek assurances that Mr Aamer is receiving the medical care he needs? What efforts have been made to ensure that Mr Aamer is, at the very least, able to speak to his lawyers?

Given the clear statements of the United Nations High Commissioner for Human Rights that the USA is in breach of international law, have the Government in recent months discussed the USA’s obligations under the international covenant on civil and political rights, or encouraged co-operation with UN special rapporteurs? Similarly, has the Minister raised the right to a fair trial or any objections to the military commission system?

It has been suggested that the latest hunger strike followed the reassignment of Dan Fried, President Obama’s special envoy, tasked with transferring prisoners and fulfilling the pledge to close Guantanamo Bay. Have the Government discussed the implications of that with the Obama Administration, and does the Minister still think there is the political will, within the White House at least, to eventually close the centre?

Congress and the National Defence Authorisation Act have been identified as the greater obstacles. Although the NDAA essentially precluded any transfers from Guantanamo Bay, when its provisions were renewed in 2012, I understand that a degree of flexibility was introduced for the Secretary of Defence, which the hon. Member for Battersea mentioned. Despite this, there were no releases last year. Can the Minister tell us more about the implications of the Act, as renewed in 2012, for Mr Aamer and the other detainees, and whether the Secretary of Defence is able to exercise such discretion? Have the Government raised this matter with the White House, the Department of Defence and representatives from Congress?

The question remains why, despite being cleared for release some six years ago, Mr Aamer remains in Guantamo Bay. Can the Minister say whether, in either 2007 or 2009, Mr Aamer’s release depended on any conditions being met? For example, was he cleared to return home to his family in Battersea? We have heard that he may only have been cleared to return to Saudi Arabia. If that is the case, does the Minister share our concern that somebody with indefinite leave to remain in this country, who has a family in the UK, is married to a British citizen, has four children who are British citizens, and has not been convicted of a crime, should be sent to Saudi Arabia, about whose human rights record we have grave concerns, and which he left when he was only 17 years old?

The US authorities may dispute some of the reports emanating from Guantanamo Bay, but it seems beyond doubt that the latest hunger strike, which is seemingly one of the most serious, is a sign of the increasing desperation of detainees and perhaps a fear that the remaining 166, out of the 779 who have been held there over the years, have been completely forgotten. Can the Minister assure us that the Foreign Office remains determined to secure the release of the last remaining British resident and, more generally, to press for the closure of Guantanamo Bay? Does he share our concern, which many Members have expressed in their speeches and interventions today, that its continued existence undermines the USA’s ability to promote human rights around the world and, given that the USA is such a close ally and friend of the UK, risks undermining our credibility on international human rights as well?

--- Later in debate ---

[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.

[Jane Ellison]

On the point about the ICRC, I suspect that the Minister will not be able to answer now, but will he, having inquired of the ICRC, write to me and other hon. Members to tell us when it last visited and whether there was a chance to meet Mr Aamer and make an assessment? If that was possible, could that be put on the record?

--- Later in debate ---

[Alistair Burt]

I hear what the hon. Gentleman says, and, of course, the Prime Minister will be made aware of the substance of this debate and the strength of feeling, which I know he understands. I cannot make a commitment on the Prime Minister’s behalf to raise particular issues, but I make it very clear that I think the debate should be read widely. Besides the United Kingdom, I hope the debate will influence opinion elsewhere. The matter has been raised with the US Secretary of State and Defence Secretary, and the reason for raising it at that level is, of course, that we believe they are the chief interlocutors who have responsibility under the Act and, ultimately, will need to respond to Congress. We will continue to use our best efforts to get the result we are seeking, but I fully take and understand the hon. Gentleman’s point, and I am quite sure that it will be further considered.

One or two questions have been asked about other issues. My hon. Friend the Member for Battersea asked whether the FCO is considering the new provisions in the NDAA to identify obstacles and opportunities for Shaker Aamer’s release. She asked what progress has been made. The NDAA 2012 allows for the US Defence Secretary to exercise a waiver should stringent conditions be met. We have tried, as I have said, to use our best endeavour to ensure that that happens. We are continuing to work with counterparts to try to understand the implications of the NDAA 2013 for Mr Aamer’s release, but so far that has not been successful. We understand that no detainees were released last year. Ultimately, that remains in their hands, but we are continuing to press.

My hon. Friend and other hon. Members asked for details on any guarantees or securities that we could give on our behalf in relation to Shaker Aamer’s return to the United Kingdom and any onward activity. I cannot give an answer to that, because, again, it clearly forms part of the confidential discussions we must have. I have to rely on previous intelligence assurances given to the House about our not being able to comment in detail on that.

[Jane Ellison]

This will be a brief intervention. Have the British Government reiterated the UK’s excellent track record on previous returners from Guantanamo? Stating that would seem to me to be entirely legitimate and not within the bounds of confidential intelligence discussions.

[Alistair Burt]

I can state that the subsequent activities and conduct of those who have been released from Guantanamo Bay to the United Kingdom and elsewhere is clearly one of the considerations that we would expect the United States Administration to take into account. My hon. Friend’s point is well made.

A question was also asked about the business of this law of war and how long it is likely to last. Again, we have had no indication from the United States about the length of time that that particular provision might cover. It is a matter for them, but, again, we have made it clear, as a number of colleagues have said, that it does not address the fundamental issues of detention without charge or trial that are at the heart and root of the matter.

The hon. Member for Brighton, Pavilion raised a number of serious issues in relation to letters from Shaker Aamer to the Foreign Secretary. I do not have those details at the moment, but she has a list of questions, and I will deal with them in the manner I suggested by putting a letter in the Library and writing directly to her.

The hon. Member for Hayes and Harlington (John McDonnell) raised issues about the intelligence services, to which I have responded. If not in his terms, I have been able to answer them fully. We take the allegations very seriously. As I have said, the Government’s record of dealing with allegations against the intelligence services in the past has been, I believe, good. Our record of uncovering things that we believe to have been wrong in the past, from Bloody Sunday to Hillsborough, is also good. It is against the Government’s spirit to seek again to be complicit in anything that we believe to be wrong. I hope I have given a clear enough assurance on our views on the detention of Mr Shaker Aamer and our clear determination to have him returned.

The hon. Member for Islington North raised similar issues, and he particularly asked why Mr Aamer was detained. Again, I have given the best answer I can at this stage, but none the less, in relation to whatever reason the United States may have, the United Kingdom will continue to argue that his detention is wrong and that he should be returned.

Europe

Jane Ellison Excerpts

Wednesday 30th January 2013 Commons Chamber

[Richard Ottaway (Croydon South) (Con)]

Time does not permit me to analyse the shadow Foreign Secretary’s speech, except to say that I think that he has misjudged the mood not just of the House, but of the whole country.

A lot can change in a day in politics. The Prime Minister’s EU speech, given in his capacity as leader of the Conservative party, was a landmark speech that has resonated far and wide. It was probably the most cogent argument for the European Union that most of us have heard in recent times. Of course it will have its critics, but leadership always does. The House should be in no doubt: this was leadership not just of Britain, but of Europe as a whole. Some of Britain’s fiercest critics, on both sides of the in/out fence, are now congratulating the Prime Minister on leading the agenda.

Just a few weeks ago, the Select Committee on Foreign Affairs had what it thought was a private meeting in Berlin with the political editor of Die Welt—a leading German newspaper. A few days later, we were slightly surprised to find a full account of the meeting in The Times, under the headline “Gone is the time when David Cameron had new ideas for Europe”, in which that journalist said:

“Turkey is becoming more relevant to discussions on the future of Europe than Britain.”

However, after last week’s speech, the same journalist wrote:

“Mr Cameron has staked out an excellent position…Britain is setting the European agenda.”

German journalists have much in common with their British counterparts.

[Jane Ellison (Battersea) (Con)]

Given what my hon. Friend the Chairman of the Foreign Affairs Committee has just said and having reflected on the shadow Foreign Secretary’s speech, does he share my surprise that the right hon. Gentleman is not willing to put what he clearly believes is a compelling argument for Britain’s place in a reformed Europe to the British people?

[Richard Ottaway]

I quite agree. My hon. Friend makes her point well.

For far too long, the debate about the EU has been polarised. Now we have a course of action that recognises British Eurosceptism, but keeps us at the table using our influence. Of course Britain continues to have its detractors. The French Foreign Minister said:

“You join the football club, but once you are in, you cannot say, ‘Let’s play rugby’”,

but he misses the point. We are not saying that we want to do a Webb Ellis, picking up the ball and running with it; we are simply asking whether the offside rule is working properly. Also, we have allies. Like us, the Dutch want to reform the EU. They are shortly to produce a report on the repatriation of powers—a document that has a familiar ring to it. Reform will be tough, but it is necessary. There is now a widespread recognition that the EU is not working as it should. That was admitted in an excellent piece in The Times today by Guido Westerwelle, the German Foreign Minister. He clearly expresses his support for reform across the board, arguing that it should be on an EU-wide basis. I agree.

Oral Answers to Questions

Jane Ellison Excerpts

Tuesday 30th October 2012 Commons Chamber

[Mr Lidington]

It is certainly important that these resources are seen as being developed for the benefit of all communities in Cyprus, not just for one section of the population there. Any settlement that endures in Cyprus has to have the wholehearted consent of both the Greek and Turkish Cypriot communities. That is why, although we want to support the work towards a settlement, it is right that that process towards—we hope—a final settlement has to be Cypriot-led.

[Jane Ellison (Battersea) (Con)]

9. What recent representations he has made on behalf of Shaker Aamer; and if he will make a statement.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)]

I have raised Mr Aamer’s case numerous times with Secretary Clinton and, in June, my right hon. Friend the Defence Secretary and I made representations to Secretary Panetta. Any decision regarding Mr Aamer’s release remains in the hands of the United States Government.

[Jane Ellison]

I thank the Foreign Secretary for that reply and for the work that he and Ministers have undertaken on behalf of Mr Aamer’s family in Battersea. Obviously, the next months offer a window of opportunity, as there will be a change of personnel, even if there is not a change of Administration. Can the Foreign Secretary assure me that he will continue to seek waivers, particularly to the National Defence Authorisation Act, with counterparts on the other side of the Atlantic?

[Mr Hague]

Yes, and I pay tribute to my hon. Friend’s work on this issue. Senior US officials have confirmed that the National Defence Authorisation Act 2012 has the potential to make Mr Aamer’s release more likely than the Act of the previous year, but no releases have yet taken place under that Act and the criteria for the national security waiver remain unclear. We will certainly be pursuing this with the re-elected or incoming US Administration.

Somalia

Jane Ellison Excerpts

Thursday 9th February 2012 Commons Chamber

[Jonathan Ashworth]

I absolutely agree, and I hope that the use of children in these conflicts will be explicitly referred to in any communiqué resulting from the conference.

[Jane Ellison (Battersea) (Con)]

I understand that Somalia has not ratified the UN convention on the rights of the child. Perhaps the Minister might comment on that later, but such ratification would achieve the same end.

[Jonathan Ashworth]

The hon. Lady makes a good point and she is quite right. I hope that the Minister listened to both those interventions and will comment on them.

I wish to make a few points about refugees. We know that 1 million Somalis have sought international protection in the region, many of whom are residing in Kenya. To pick up on a point made by the hon. Member for Beckenham (Bob Stewart), the camp at Dadaab was initially designed for 90,000 refugees but it now holds about 440,000 registered refugees, as well as a number of unregistered refugees. I hope that the conference will discuss how to ensure that refugees are registered as quickly as possible. In coming up with any solution that deals with mass displacement, we need to consider the role of the Kenyan and Ethiopian Governments. I particularly hope that the Kenyan Government will ensure that Somalis who seek refuge in Kenya are not prevented from doing so, and I would be interested to know whether the Foreign Secretary is making representations to the Kenyan Government on that matter.

The hon. Member for Cheltenham and my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali) spoke about economic development and building resilience in Somalia. That must be a central objective of the international community. As we know, Oxfam and Save the Children have said that the world did not respond fast enough to the crisis, although I pay tribute to the work done by DFID. We knew that the warning signals were there; we knew that the rains had failed and that commodity prices were escalating; and we all knew of the lethal consequences of the political instability in that part of the world. Instead of reacting when it is too late, we have to do more to address the underlying issues and to support investment in local food production, sustainable livestock production and agriculture as we try to build political stability in Somalia.

I hope that the conference also considers climate change, because in the conversation about that we do not always think about Somalia and the horn of Africa, because other parts of the world take more of our attention. We know why the short rains failed, but emerging scientific thinking suggests that the long rains failed and will continue to fail as a result of climate change. We need to examine and discuss that, and I hope that the conference will have a chance to start deliberating on the issue. If climate change is also affecting that part of the world and its long rains, we will need to do more to invest in better irrigation systems and we will need a strategy to deal with the problem.

I represent a significant Somali community in Leicester, one that has settled in Leicester from all over Somalia and Somaliland; some members of the community like to refer to themselves as “mini Somalia”. It has much expertise, and much good sense is talked by many of those in Leicester’s Somali community, many of whom attended the conference yesterday. The Somali community in Leicester recently raised funds to send an ambulance to Mogadishu in the next few weeks. People in the community tell me that they want this conference to succeed, but they are weary from having seen too many conferences and initiatives fail in the past. They want the international community to do what it can to help foster a solution, but they are well aware that any solution has to be Somali-led. Crucially, they want the Foreign Office to continue to engage with them, not only in the run-up to this next conference, as happened in respect of yesterday’s very successful event, but beyond. I am sure that I speak for many in the Somali community on the St Matthew’s estate in my constituency when I invite the Foreign Secretary, the International Development Secretary or the Minister for Africa to come to that estate. They would get some very good coffee and some very fine food, and such a visit would send a very good signal as to how the Foreign Office, or perhaps DFID, is engaging with the Somali community in Leicester.

--- Later in debate ---

[Seema Malhotra]

I totally support the hon. Gentleman’s comment.

[Jane Ellison]

When those mechanisms are established, can we make it clear that we want to engage both men and women from the community? Too often when we talk about community engagement, we do not mean men and women equally.

[Seema Malhotra]

The hon. Lady will probably be aware of my commitment to the engagement of women in all aspects of political and public life, and I totally concur with her comments.

On the situation of Somaliland, I simply want to add to comments made so eloquently by Members on both sides of the House. Somaliland will be represented in its own right at the conference. Will the Government continue to acknowledge the separate and successful development achieved by Somalilanders, who have turned Somaliland into a beacon of democracy in Africa? There is a fear among Somalilanders that Somaliland could be dragged into the quagmire of the south-central region. We want a secure and democratic south and the continuation of a secure and democratic Somaliland, so that Somalis can together decide their future.

Finally, will the Minister further highlight developing systems and livelihoods, which is one of the themes of the conference? I extend that request to the powerful comments made on economic development by the hon. Member for Cheltenham (Martin Horwood) and my hon. Friend the Member for Leicester South (Jonathan Ashworth). To what extent will access to education and jobs be part of the agenda at the conference? How can we help to develop an environment in which young Somali men, who might otherwise be more vulnerable and who might be drawn into terrorism, have an alternative and a new hope for themselves and their families? Creating an alternative life so that the next generation can live peacefully would surely be a tremendous legacy for the conference, and one of which we would all be proud. I am grateful to the House to have had the opportunity to make this contribution.

--- Later in debate ---

[Jane Ellison (Battersea) (Con)]

I welcome the opportunity to speak in this important debate, and I am pleased to follow the hon. Member for Islington North (Jeremy Corbyn). I echo the sentiment expressed in his final comments. One of the saddest pieces of casework that I have had to undertake in my short time as a Member of Parliament was to try to help a constituent to find out whether his family were dead or alive; it was extremely sad. The hon. Gentleman has also rightly urged us to dwell on the positive contribution of the Somali community in this country. I have a large Somali community in my constituency, and I strongly echo the positive comments that have been made about the contribution of such communities. Unfortunately, I must focus on a negative issue. It is in part a health issue, and it has not thus far been raised.

As some Members may be aware, Monday was international day of zero tolerance to female genital mutilation. About 140 million women worldwide have undergone FGM, and it is estimated that each year a further 3 million girls in Africa are at risk of the practice. Somalia has one of the highest prevalence rates. According to a 2006 UNICEF study, as many as 98% of all Somali girls undergo it. Although there are signs of progress in some parts of the country, the vast majority of girls undergo what is a brutal practice that has no health benefits and leaves irreparable long-term damage. I particularly want to raise this topic now because Puntland will be represented at the forthcoming conference and its Government are seeking to pass legislation that would enshrine FGM in law. We must try to stop this very bad law being passed.

I understand from local campaigners on the ground working against this practice that the original aim of the legislation, which is referred to as the circumcision law, was to outlaw all forms of FGM. It has since been diluted by some Puntland politicians so that it now allows for—indeed, legislates for—a less extreme, but still invasive and serious, form of this very harmful practice to girls and women. The law even offers indemnity to parents who force FGM on their daughters, and it promises that no action will be taken if the procedure goes wrong.

The President of Puntland, President Farole, has yet to assent to the proposed circumcision law. I believe that he was the original proponent of the law to outlaw the practice completely. The new, changed law seeks to criminalise the worst, most severe kind of FGM—infibulation, which is sometimes known as pharaonic circumcision. However, it would also make legal type 1 FGM, which is, in effect, a clitoradectomy—I apologise for the necessarily graphic language—and which in Somali is called “sunna”.

I welcome, of course, any moves to make the most extreme forms of mutilation illegal, but to enshrine in law a measure that makes it possible to do type 1 FGM on little girls is deeply regrettable, as that would both normalise and medicalise what is a serious human rights abuse—it is recognised as such by the World Health Organisation—potentially on a massive scale. It would also undermine the efforts of DFID and local and international NGOs working in Puntland and across Somalia to eliminate this practice. Worst of all, it would undermine the astonishing and brave work of local women, in particular campaigners going from village to village to get the cutters to put down their knives and to change hearts and minds. This law must not be passed, as that would undermine all the good work that is being done.

The ratification of this law would send the wrong message to the rest of Somalia and the wider region, where there are some signs of progress. It would also undermine efforts here in the UK. FGM has been illegal in the UK since 1985, and in 2003 a loophole allowing families to take girls abroad to have them cut was closed. However, there are close links between the homeland and the diaspora community, and if this law in Puntland were passed it would send a strong negative signal to women here and elsewhere in the diaspora. That, in turn, would make the job of eliminating FGM in the UK—which is, in fact, on the rise—much harder. No one should doubt that it is on the rise. Earlier this week, I spoke at the Royal College of Obstetricians and Gynaecologists conference specifically on this matter, so great is the problem now being presented in maternity departments and specialist units around the country.

We should back the Puntland President’s original opposition to all types of FGM. He issued the presidential decree in November 2011, and I hope we can support that stance. Our Government in general, and DFID in particular, have been excellent at focusing on the prevention of violence against women and girls in their international strategy. This is an uphill struggle, but it would be made much harder if this law were passed.

We are a major supplier of aid to Somalia, and, like all who have spoken today, I strongly support that. DFID has placed the health, well-being and education of women at the heart of its overseas aid programme. I am pleased to say that tackling FGM is specifically mentioned as a “gender priority” in its strategy on Somalia. However, I fear that that aspect of its work would be hugely undermined if this proposal were adopted. I urge Ministers to use meetings at the imminent conference as opportunities to raise the issue with Somali and Puntland representatives, to put it on the agenda for discussion, and to register their concerns.

Like every other Member, I want the conference to go well—that is enormously important to members of my local community—but eradicating FGM around the world and here in the UK is a tough enough task already, and it would be made more difficult if this law were ratified. I urge Ministers to put the human rights of girls and women firmly on the conference’s agenda.

Oral Answers to Questions

Jane Ellison Excerpts

Tuesday 17th January 2012 Commons Chamber

The Secretary of State was asked—

[Jane Ellison (Battersea) (Con)]

1. What recent progress he has made towards securing the release of Shaker Aamer from Guantanamo Bay.

[The Secretary of State for Foreign and Commonwealth Affairs (Mr William Hague)]

The British Government remain committed to securing Shaker Aamer’s release and return to the United Kingdom. I raised his case again with Secretary Clinton during my visit to Washington on 12 December. My officials are currently exploring the new US legislation on detainee transfers for the implications for this case.

[Jane Ellison]

I thank the Foreign Secretary for that answer and for the continued efforts of the Government on Mr Aamer’s behalf. Obviously, it has been 10 years so I wonder whether the Foreign Secretary could say more to the House about what he considers to be the roadblocks to release and whether he has given any consideration to asking international bodies, such as the United Nations, to support the British Government in their efforts to release Mr Aamer.

[Mr Hague]

This is a matter for the United States, not for international authorities. My hon. Friend is aware of the difficulties; there have been no transfers out from Guantanamo since the National Defence Authorisation Act, passed in 2010, all but precluded transfers from Guantanamo Bay. The Act has recently been renewed for 2012, with some amendments, which is why we are looking at its implications. We have asked about Mr Aamer’s health and welfare, and have been assured that he is in reasonable health, has access to medical treatment and is not held in solitary confinement.

Oral Answers to Questions

Jane Ellison Excerpts

Tuesday 25th October 2011 Commons Chamber

[The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)]

The Government continue to have the same policy as the previous Government with regard to Tibet’s position in China, but we still make representations on a regular basis with respect to human rights and the conditions of the Tibetan people.

[Jane Ellison (Battersea) (Con)]

T8. As Shaker Aamer approaches the 10th anniversary of his incarceration without charge in Guantanamo Bay, can the Minister update the House on the Government’s representations on his behalf?

[Alistair Burt]

As many hon. Members know from correspondence, the return of Shaker Aamer to the United Kingdom remains an objective of the United Kingdom Government. His case continues to be raised both by officials and at ministerial level. It is a matter for the United States Government to determine, but our own determination and our efforts to return Shaker Aamer to the United Kingdom will certainly continue.

Middle East and North Africa

Jane Ellison Excerpts

Thursday 13th October 2011 Commons Chamber

[Mr Hague]

Of course, I work closely with Secretary Clinton on this and other issues, so I do not characterise the United States’ policy as the right hon. Gentleman does. Nevertheless, there are differences between us and the United States in our approach to the issue. We voted in opposite ways on the resolution on settlements in February, and we have a different way of handling the Palestinian approach to the UN: the United States has discouraged it—that is absolutely right.

I believe, however, that President Abbas did achieve at the UN General Assembly the highlighting of the issue in front of the world. Nothing technically changed at the United Nations, but he did achieve that and did press on the world the urgency of it—and he was right to do that. So we do differ from the United States in many things that we say on the issue, although we share with them the objective of a negotiated two-state solution.

[Jane Ellison (Battersea) (Con)]

I very much welcome the Foreign Secretary’s statement, and in particular I am very encouraged by mention of training and support, and whatever, for female candidates in Egypt. Can he assure me that the Government will continue to take a leading role in pressing for women to benefit from the new political and economic freedoms that we hope will sweep across the region?

[Mr Hague]

Yes, absolutely. That is of immense importance and one of the potentially very exciting aspects of the ongoing change in the Arab world. Senior people in Saudi Arabia told me before the recent announcement by the King that they cannot treat the next generation of women in the same way as the previous generation—they know that.

We have made the case in all our contacts with the Libyan authorities for the much greater involvement of women in their public life. The International Development Secretary and I met leading women in civil society in Benghazi on our visit there in June, so we will continue very much to encourage that, and I agree with my hon. Friend.

Oral Answers to Questions

Jane Ellison Excerpts

Tuesday 9th November 2010 Commons Chamber

[Mr Hague]

It is a bit of a cheek for someone who supported the last Government to ask that question. The last Government’s feet were not dragged; they were stuck solid in the cement of inertia that characterised their closing months in office. We have set out what we are going to do. We will introduce the relevant clauses in the next few weeks, and I hope that, given the support of Opposition Members, they will be passed in the current Session of Parliament. Where there was complete inaction opposite, there has been rapid action on this side of the House.

[Jane Ellison (Battersea) (Con)]

I am grateful to my right hon. Friend and the Under-Secretary, my hon. Friend the Member for North East Bedfordshire (Alistair Burt), for the attention that they have given recently to the case of Shaker Aamer, who has been detained in Guantanamo Bay for eight years. He is a former resident of my constituency, and his wife and four children remain my constituents. Ministers are aware that this is a critical period. Will they undertake to press their United States counterparts hard, in person, for Mr Aamer’s early release back to the United Kingdom?

[Alistair Burt]

I met my hon. Friend and Shaker Aamer’s father-in-law only last week. This is a very difficult case, and it is not entirely up to the United Kingdom, but our position is that we are seeking the return of Shaker Aamer to the UK, and will continue to press the United States authorities to that effect.

Ahmadiyya Community

Jane Ellison Excerpts

Wednesday 20th October 2010 Westminster Hall

[Jane Ellison (Battersea) (Con)]

I congratulate the hon. Member for Mitcham and Morden (Siobhain McDonagh) on securing an important and timely debate. In my constituency of Battersea, like so many London seats, there are communities of people who have come to the UK from all over the world—some many decades ago and some more recently. During the four years that I was a candidate and in the five months that I have been an MP, I have met and visited a number of different faith communities to get to know them and understand their concerns. The Ahmadi are one of those communities.

Although I was previously unfamiliar with the beliefs and traditions of the Ahmadiyyan faith, from my first introduction to the community I have been made very welcome and kept well informed. I am grateful to the Ahmadiyyan national president Mr Rafiq Hayat, my local Battersea president Mr Tariq Uppal and my friend Tariq Ahmed for the efforts they and others have made to keep me briefed about issues of interest and concern. I am also grateful to them for ensuring that I know more about the Ahmadi and the important role that they play in the life of this country and my local community.

The London mosque, a very long established place of worship and the site of the head office of the Ahmadiyyan Muslim Community UK, is in my neighbouring constituency of Putney. The Economic Secretary to the Treasury, my hon. Friend the Member for Putney (Justine Greening), is currently in the main Chamber, but she has a long-standing and positive relationship with the Ahmadi community and is taking a close interest in this afternoon’s debate.

I was aware of the long-standing tension that exists between some other Muslim faith groups and the Ahmadi Muslim community, especially in Pakistan where—as has been mentioned—persecution of the Ahmadis is, sadly, written into the constitution. However, it was still a huge shock and very distressing to hear of the Lahore massacres in May. They have been described already. Those worshippers were murdered with grenades, suicide vests and automatic weapons. As we heard, many people were killed and injured. Tragically, a local Putney resident—a much-loved husband and father, Mr Muhammad Bilal—was one of those people murdered.

Although one of our fellow citizens was caught up in the dreadful events in Lahore, it is always tempting to look at bad things happening in a foreign land and hope that we might somehow be insulated from them. We might be tempted to think that such events spring from a tradition very different from our own and that it could not happen here. However, this country has long-standing and very close political and diplomatic ties with Pakistan, which have been reinforced through the bonds of friendship and family over many decades. That has been manifested in many positive ways. Most recently, there has been a hugely generous response from the British people to the devastating floods that affected millions of people in Pakistan.

However, there have also been some less welcome developments that have resulted in part from the ongoing close ties of culture and religion between Pakistan and its diaspora. The Ahmadi Muslim community in the UK has noticed that disturbing trend in the months since the Lahore massacres. As has been alluded to, the persecution of Ahmadis has intensified in tone and frequency around our country, particularly in south-west London. There have been the incidents described today of intimidation during the general election, and posters and leaflets with aggressive and derogatory messages have appeared around the area. I have been shown images of posters put up in Scotland that denounce Ahmadis as infidels and publish their place of worship. That leaves those observing the poster to read between the lines.

As the hon. Member for Mitcham and Morden has said, many local newspapers, including the Wandsworth Guardian, have reported on organised boycotts of Ahmadi- owned businesses. Much of the written material that has appeared treads a conscious line between what is illegal and what is merely very unpleasant. A recent Ofcom investigation into provocative broadcasts by faith-based satellite TV channels was hampered by uncertainty about where some programmes had been shown. Translation has also sometimes proved a problem, with the exact nuances of some terms often disputed, even though the intent is obvious. I ask my hon. Friend the Minister to keep a close liaison with the Secretary of State for Culture, Media and Sport with regard to broadcasting guidelines to ensure that loopholes are not exploited in such a way. I am certainly confident that we are not talking about restricting the right of free speech; we are talking about ensuring that people do not exploit loopholes to do the very opposite of the notion of free speech.

Whatever the details of individual events, we do not have to read too far between the lines to see that a deeply worrying trend is developing. Throughout history, we have seen where such trends have led. Indeed, we are reminded by the origins of the word “boycott” of the sectarian divisions that have scarred Ireland for many centuries. We must speak out now against persecution at home and abroad. Rather than keep our silence or let things be too low key, we must speak out before it is too late and further tragedies take place abroad or here.

I do not know, and actually I do not care, about the doctrinal differences that underpin so much of this unpleasant activity. I care about this country’s tradition of religious tolerance, which we were rightly reminded earlier is still evolving and is not perfect. Nevertheless, we can take some pride in it. That tradition must embrace and protect the Ahmadi community, as it has protected other religious groups before. It is a tradition of religious tolerance that we urge Governments around the world to adopt and that our own Government should encourage at all times. I am sure the Minister will touch on that.

In the UK, I welcome the measures already taken by the borough commander of Wandsworth police to investigate what is happening in my local community. That investigation was urged by my hon. Friend the Member for Putney and others, and is supported by Wandsworth council, as well as many councillors and community leaders. There is more that can and should be done by all Members of Parliament to give leadership to attempts to combat rising intolerance. I will certainly be playing my part, and I am glad that this debate has offered us all the opportunity to draw attention to this very grave matter.