Torture and the Treatment of Asylum Claims

Debate between Tania Mathias and Robert Goodwill

Thursday 2nd March 2017 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

I shall cover my hon. Friend’s points in more detail when I sum up, but I wanted to point out that just because an appeal or further legal process can overturn the original decision, it does not necessarily mean that that decision was made wrongly on the basis of the facts. It may be that new facts come to light, and the decision can be based on better available information.

[Dr Mathias]

I appreciate what the Minister says, but I have seen a handful of cases—confidentially, without the names—and, without being a specialist myself, have talked to one of the doctors involved with the charity. From the small number I have seen, the decisions have been overturned not because of extra evidence, but because the evidence presented to the first caseworker was not handled adequately. On appeal, the information given was found to give sufficient grounds for granting asylum. It is not my field, but I have some relevant background and have had some experience in different countries of the simple treatment of people returning to a community having been tortured, so I have a great deal of respect for the specialty. I cannot believe that without training a non-medical caseworker would be able to understand the medico-legal report with respect to the need for asylum. In the 21st century, a specialist is needed to diagnose the invisible mental scars.

I gave an example earlier of the torture of one prisoner of conscience. For me, even saying the words “mock execution of a family member” upsets me. However, if the Home Office is talking about using specialist caseworkers, it must watch out that the specialists do not become hardened by having to hear and read such material day in, day out. Again, there is a similarity to what happens in therapeutic counselling, in which I do have a background. There are models in other fields and professions. It is mandatory for therapeutic counsellors to have regular supervision to check their bias and their own mental health. I do not believe that the Home Office is giving sufficient weight to the needs of the Home Office caseworkers. The great thing is that we have the expertise. Freedom from Torture, a UK-based organisation, is one of the global leaders in the field. The training programme has already been agreed by the Home Office, but just not rolled out for all caseworkers.

--- Later in debate ---

[Dr Mathias]

I thank everyone who has taken part for such a wide-ranging discussion. I appreciate every single contribution.

I express particular thanks to the Minister for his sensitivity and clarity. I note that, on behalf of the Government, he unreservedly condemns the use of torture. I am very grateful to him for being clear about not using even British overseas territories for rendition. I am sure that we will get equally clear statements from the Government about complicity.

The Minister said that the published policy was clear. I hope that he will take back to the Department the information from all hon. Members present that we feel that, in practice, it is lacking. That is a cross-party message. I applaud the fact that the Minister will continue to engage with officials and that he is concerned about the quality of decision making. I reiterate what was said by other hon. Members and, in particular, the point made by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) that we need an audit. We need quality assurance in the Department, and an audit.

[Mr Goodwill]

I would not go so far as to say I was concerned. I was just making the point that there is always room for improvement in this type of process.

[Dr Mathias]

I appreciate the Minister’s clarity and I urge the Home Office to do a proper audit of asylum claims in which torture is involved or suspected. I am glad that the Minister acknowledges the issue of case hardening, but a strategy needs to be in place. There was mention of claims made outside the UK. The point is that we can be a global leader. We might be able to send our experts and, hopefully, Home Office caseworkers; if they improve their expertise, we can then also guide other countries.

I pay credit to the hon. Member for Harrow West (Mr Thomas), who expressed concern for constituents with a background in Sri Lanka, which is still of exceptional concern. Unfortunately, I do not believe that we have heard today that the full day’s training has been rolled out; that does not appear to be the case.

I appreciate the words of my hon. and gallant Friend the Member for Tonbridge and Malling (Tom Tugendhat). I absolutely agree that the right to be free from the experience of torture is an unqualified right; indeed, it is an inalienable, non-derogable right. The point was very well made that we realise in this country that torture actually makes us more vulnerable.

I do not know how serious the right hon. Member for Orkney and Shetland (Mr Carmichael) was, but I think it was a good point that on every desk in the Home Office and Foreign Office should be the words: “We do not sanction torture and are not involved in it”. I agree with him on that. He raised a very important point about the ethics of, and clarity about, sharing intelligence with countries that practise torture. I think that shows that we need more time for this debate—I am sure that the Backbench Business Committee will take note of that today. Again, we need auditing; we need statistics.

As the hon. Member for Ealing Central and Acton (Dr Huq) said, Foreign Office statements should be clear. I do have some disagreements with the hon. Lady. I do not believe that we should be lecturing the rest of the world; I believe we should be engaging with them and leading. I have really valued the cross-party tone of the debate and I value the Minister’s sensitivity. I am sorry, because I have a lot of respect for the hon. Member for Ealing Central and Acton, but on these policy matters, I do not believe that we will be successful, as a House of Commons, by trying to exacerbate any divisions. Apart from that contribution, I think we have power in this debate.

My final point is to show how the UK leads in this world where torture exists. We beat torture by rehabilitating people and making them full members of our community. I pay respect to those in the Public Gallery. You will not be able to know which one of those people has been tortured, because they are a full member of, and contributing valuably to, our community.

Question put and agreed to.

Resolved,

That this House has considered UK policy on torture and the treatment of asylum claims.

Oral Answers to Questions

Debate between Tania Mathias and Robert Goodwill

Thursday 28th April 2016 Commons Chamber

[Mr Goodwill]

It is certainly important that the people who work on these vehicles are adequately trained. But I would caution the hon. Gentleman about suggesting that electric vehicles are more dangerous than the alternatives; anyone who has seen a petrol tank catch fire will realise that electric vehicles are intrinsically very safe.

[Dr Tania Mathias (Twickenham) (Con)]

8. When the Government plan to announce a decision on the location of a new runway in the south-east.

Oral Answers to Questions

Debate between Tania Mathias and Robert Goodwill

Thursday 29th October 2015 Commons Chamber

[Mr Goodwill]

I think it would be premature to enter into that particular discussion. I am always in favour of jumping one’s fences when one reaches them.

[Dr Tania Mathias (Twickenham) (Con)]

21. How many of the 47 recommendations ignored by the Airports Commission would have benefited Scotland, and would those recommendations have increased the number of domestic flights, unlike the Heathrow option, which would decrease it?

[Mr Goodwill]

One of the concerns that I have picked up around the country, outside the south-east, is that owing to the pressure for slots at both Heathrow and Gatwick at peak times, connecting flights coming in from other parts of the country are always an issue, and we are well aware of the acute need for that issue to be addressed.

Heathrow: Noise Mitigation

Debate between Tania Mathias and Robert Goodwill

Monday 19th October 2015 Commons Chamber

[Mr Goodwill]

I am well aware that the vectoring trials at Gatwick, which involved performance-based navigation —the accurate navigation that is now available—provoked a lot of concerns similar to those regarding Heathrow that we have heard about. One of the problems seems to be that although the ability to fly aircraft more accurately limits the number of people who are affected, those who are affected often experience a greater incidence of aircraft. There is a debate to be had about whether we should fly accurately down navigation lanes and limit the number of people who are affected, or go back to the situation that we had in the past when, because aircraft could not navigate as accurately, the planes flying out of the airports were more dispersed and noise was spread around.

[Dr Mathias]

Will the Minister give way?

[Mr Goodwill]

I ought to make some progress as time is fairly limited and I want to answer some of the points that have been made in the debate.

In the case of Heathrow, the airport, the CAA, the airlines and NATS are aware that noise is a significant concern for the communities around the airport that needs to be acted on. Heathrow is taking steps to cut back and mitigate its noise impact. Under the European Union’s environmental noise directive, it is required to produce a noise action plan that sets out its intentions to mitigate noise.

The House will be interested to know that last year the airport published its “Blueprint for noise reduction”, setting out 10 practical steps that it is taking to mitigate noise in 2015. Earlier this year the airport also established the Heathrow community noise forum, which is made up of representatives from local authorities around Heathrow—including that in the constituency of my hon. Friend the Member for Bracknell—as well as representatives from NATS, British Airways, the Department for Transport and the CAA. One of its principal aims is to help to build trust with local communities—I know that that trust has been tested—by keeping them informed of developments, and seeking to improve the overall level of understanding about Heathrow’s operations and airspace. That good initiative by the airport will bring about real benefits.

Under powers set out in the Civil Aviation Act 1982, the Government set noise controls at Heathrow, including restrictions on the number of flights allowed during the night, and specified the routes that departing aircraft need to follow. The controls also cover minimum height levels and maximum noise limits that departing aircraft must adhere to at certain points near the airport. Communities can be affected by noise disturbance from either arriving or departing aircraft—or indeed both—but, as I will set out, it is more difficult to lay down limits for arrival aircraft.

The routes used by aircraft and the height at which they fly are significant factors that affect the noise experienced by people on the ground. The departure trials last year at Heathrow and Gatwick, and the public response to them, as indicated by the number of complaints received, clearly show that people notice changes in airspace use and—as my inbox would attest—are quick to make their feelings known.

The Government understand communities’ concerns and are considering how the airspace change process can be improved. The CAA is also aware of concerns about the airspace change process and is carrying out an independent review into whether that can be improved. I assure the House that those trials ended last year, and the information gained is vital to increase our knowledge for future airspace change driven by the CAA’s future airspace strategy.

Changes to the UK’s airspace structure are required, which we must accept while we are seeking to address the impact of such changes as much as practicable. Aviation is a success story, and the public like the opportunity that it affords for holidays or to meet family and friends living far away, as well as for business travel, which is vital for our economy. However, the basic structure of UK airspace was developed more than 40 years ago, since when there has been a dramatic increase in demand for flights. The future airspace strategy is critical to ensuring that the industry is efficient and able to minimise its overall environmental impact.