Bradley Manning

Lord Bellingham Excerpts

Monday 4th April 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Henry Bellingham)]

I congratulate the right hon. Member for Cynon Valley (Ann Clwyd) on securing the debate, which is of considerable interest not just to a number of right hon. and hon. Members but to her constituents and others in Wales, as well as to the country as a whole. The right hon. Lady is deservedly well respected for her understanding and championing of human rights. Her work in Afghanistan and Iraq is widely admired.

As the Foreign Secretary said last week during the launch of the Foreign and Commonwealth Office’s report on human rights:

“Our government promised from the outset a foreign policy that will always have support for human rights and poverty reduction at its irreducible core. It is not in our character as a nation to have a foreign policy without a conscience, and neither is it in our interests.”

I therefore welcome this chance to discuss matters that give rise to concern among Members of the House. Although recent events in the middle east and north Africa continue to demand the attention of my ministerial colleagues, it is important that we do not lose sight of developments elsewhere in the world, including in the countries that are closest to us.

The right hon. Lady makes a number of points about the treatment of Private Manning, including those from a memo of 10 March 2011 from Private Manning to his commanding officer, released by Private Manning’s lawyer. I have read the memo and have listened carefully to the different points that the right hon. Lady has made, including allegations of mistreatment in detention.

Her Majesty’s Government are committed to working towards the eradication of mistreatment that may amount to cruel, inhuman or degrading treatment or punishment. We do not condone its use for any purposes. We take allegations extremely seriously and, where appropriate, raise general and specific concerns with foreign Governments. That is why we fund work to support professional and ethical policing. We also fund human rights approaches to prison management and initiatives to support a robust legal system and civil society, including an independent judiciary, which all contribute to tackling mistreatment.

As far as Her Majesty’s Government are concerned, the conditions in which an individual is detained must meet international standards. Conditions that fail to meet this standard may amount to cruel, inhuman or degrading treatment or punishment. This is particularly important for an individual in pre-trial detention. The manner in which a detainee is held depends on an objective assessment of the security risk posed by that individual, their health and their behaviour in prison. This must be justified by the detaining authority. In general, we are content that conditions in the US detention system meet international standards and that there is a clear legal process for a detainee to be able to challenge their conditions of detention.

In this case, President Obama himself has said that he has sought and received assurances from the Department of Defence that Private Manning’s treatment is “appropriate” and meets US “basic standards”. Of course, the United States has an effective and robust judicial system. It is a champion of human rights the world over. However, where crimes are alleged to have occurred they must be investigated. This is currently the case. The fact that we have seen the memo from Private Manning to his commanding officer is evidence that his legal representation is working. We must allow the legal case to follow its course without interference.

Where representatives of this House or members of the public have concerns, we have a duty to listen. On 16 March the right hon. Lady raised her concerns about Private Manning’s treatment with the Foreign Secretary during the oral evidence session of the Foreign Affairs Committee, and on 17 March she repeated her call for discussion of the issue during business questions. Be assured that we are in no doubt of her concerns, which we know are shared by a number of Members across the House. Indeed, the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt) has already received more than 30 letters from Members of the House.

In line with the Foreign Secretary’s response to the right hon. Lady during the Foreign Affairs Committee evidence session, a senior official in our embassy in Washington called on the US State Department on 29 March. He drew its attention to her concerns over Private Manning and handed over a copy of the uncorrected transcript of the Committee’s oral evidence session and a copy of her early-day motion 1624, which was tabled on 17 March. He also drew attention to the debate taking place today as a measure of the level of parliamentary interest in the subject. The State Department took note and agreed to convey the information to all those dealing with the case. Our US interlocutors know that where we have concerns we will raise them. The strength of our relationship empowers us to discuss difficult issues and we will continue to raise concerns where and when necessary. However, let us be clear that President Obama has stated that he has received assurances that Private Manning’s treatment is meeting basic standards.

I know that there will be many who feel that we should do more in the light of reports of Private Manning’s links to the UK. The UK Government have a duty to protect his privacy and as such it would not be appropriate to discuss his nationality without his consent. I note that his lawyer wrote on his blog on 2 February:

“Private… Manning does not hold a British passport, nor does he consider himself a British citizen”.

Therefore, it is clear that he is neither asking for our help, nor considering himself to be British. Although I have said that we do not normally discuss a person’s nationality without their consent, I will say that the right hon. Lady’s understanding of the British Nationality Act 1981 is accurate. Any person born outside the UK after 1 January 1983 whose mother is a UK citizen by birth is British by descent.

[Dr Julian Lewis (New Forest East) (Con)]

May I, from the Government Benches, urge the Minister to convey to our American friends and allies that those of us who believe that, if Private Manning is guilty of the leakage of which he is charged, he did a very terrible thing indeed, are nevertheless convinced that it is fatal to snatch defeat from the jaws of a sort-of victory by focusing attention on the conditions in which he is being held, rather than on the question of the guilt or innocence of his conduct? The word “counter-productive” should be at the forefront of our American allies’ minds when they consider how to treat him.

[Mr Bellingham]

I thank my hon. Friend for his very wise remarks. He is a candid friend of our American allies, and his points are very well made. All people who are detained in custody deserve to be treated in detention according to the highest international standards, and we certainly expect nothing else—nothing less—from the United States.

To return to the point about Private Manning’s nationality, we must respect his wishes on the matter and recognise the limitations on UK involvement. The right hon. Lady mentions Mr Manning’s family. We have not had a direct request from them, but obviously, if it comes to consular assistance of any kind, we will look at that request as and when one is made.

Private Manning is serving in the US armed forces and has been detained in the US while he is subject to legal proceedings. He has access to legal counsel who, from the reports I have seen, appear to be very active in defending his case. That case is ongoing, and we are confident in this instance that US judicial processes are sound.

In the light of the right hon. Lady’s representations tonight, I will instruct our officials at our embassy in Washington again to report the concerns of this House to officials in the State Department. I will also discuss with the Foreign Secretary and the Under-Secretary, my hon. Friend the Member for North East Bedfordshire, who has responsibility for north America, what else we might be able to do, while respecting the views of Private Manning and his legal counsel.

I can assure the right hon. Lady that we are concerned: we have listened very carefully to what she has said before; I have listened to what she has said tonight; and, as I assured her a moment ago, in response to that we will instruct our officials at our embassy in Washington again to report our concerns to officials in the State Department.

Once again, I thank the right hon. Lady for raising the issue. I hope that what I have said is of some help and of some interest to her.

Question put and agreed to.