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893129

registered interest
date	27/04/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to the High Court Judgment of 10 October 2017, Medical Justice v. Secretary of State, what steps her Department is taking to review the guidance in respect of torture; and with which organisations her Department has consulted on that guidance.
tabling member constituency	Glasgow North East
tabling member printed	Mr Paul Sweeney
uin	139044
answer	answer is ministerial correction date of answer 02/05/2018 answer text <p>The Government laid draft revised statutory guidance before Parliament on 21 March 2018, and the corresponding statutory instruments on 27 March, to implement a new definition of torture for the purposes of immigration detention. The new definition of torture and the revised statutory guidance give effect to the High Court judgment to which the hon. Member refers. Whilst there was no obligation to consult on these changes, officials have engaged with interested stakeholders, including a range of non-Governmental organisations (NGOs) and inspectorate bodies. Officials will continue this engagement on the corresponding caseworker guidance and training. Additionally, the Detention Centre Rules 2001 will be reviewed later this year and NGOs and others will be consulted on proposed changes to them. Home Office Ministers have also written to a number of hon. Members and Peers about these issues.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 02/05/2018 09:58:38 answering member 4048 label Biography information for Caroline Nokes
tabling member	4642 label Biography information for Mr Paul Sweeney

884895

registered interest
date	16/04/2018
answering body	Foreign and Commonwealth Office
answering dept id	16
answering dept short name	Foreign and Commonwealth Office
answering dept sort name	Foreign and Commonwealth Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Foreign and Commonwealth Affairs, what progress the Government has made on updating Consolidated Guidance on the use of torture.
tabling member constituency	Birkenhead
tabling member printed	Frank Field
uin	135883
answer	answer is ministerial correction date of answer 23/04/2018 answer text <p>​The Prime Minister made a Written Ministerial Statement on 15 September 2016 informing Parliament that the government would consider what changes could be made to the Consolidated Guidance to address points made by Sir Mark Waller, the then Intelligence Services Commissioner. This work has been taken forward and the government has sought the views of the Intelligence and Security Committee of Parliament on it in the context of their wider Detainee Inquiry. The government will carefully consider the report of the Committee once it is published later this year.</p> answering member constituency Rutland and Melton answering member printed Sir Alan Duncan question first answered 23/04/2018 12:47:50 answering member 343 label Biography information for Sir Alan Duncan
tabling member	478 label Biography information for Lord Field of Birkenhead

882224

registered interest
date	13/04/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what plans she has to (a) publish torture guidance protocols and (b) consult (i) human rights organisations and (ii) others on protocols and guidelines relating to the torture of detainees.
tabling member constituency	Tottenham
tabling member printed	Mr David Lammy
uin	135245
answer	answer is ministerial correction date of answer 18/04/2018 answer text <p>The Government laid draft revised statutory guidance before Parliament on 21 March 2018, and the corresponding statutory instruments on 27 March, to implement a new definition of torture for the purposes of immigration detention. The new definition of torture and the revised statutory guidance give effect to a recent High Court judgment. Whilst there was no obligation to consult on these changes, officials have engaged with interested stakeholders. Officials will continue this engagement on the corresponding caseworker guidance and training. Additionally, the Detention Centre Rules 2001 will be reviewed later this year and NGOs will have an opportunity to comment on the draft then.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 18/04/2018 16:43:23 answering member 4048 label Biography information for Caroline Nokes
tabling member	206 label Biography information for Mr David Lammy

834795

registered interest
date	01/02/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, whether she plans to revise the definition of torture used in the Home Office's at risk policy in light of that definition being ruled unlawful by the High Court.
tabling member constituency	East Antrim
tabling member printed	Sammy Wilson
uin	126217
answer	answer is ministerial correction date of answer 07/02/2018 answer text <p>The Government is considering how it can address the Court’s findings in relation to the statutory guidance covering the adults at risk in immigration detention policy. This includes consideration of the definition of torture that should apply in the policy. The policy already covers asylum seekers who claim to have been the victim of torture and will continue to do so.</p><p>The Court did not find that the definition of torture currently in use in the policy was unlawful. It did, however, find that the definition used between September 2016 and December 2016 had been unlawful.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 126215 question first answered 07/02/2018 16:19:10 answering member 4048 label Biography information for Caroline Nokes
tabling member	1593 label Biography information for Sammy Wilson

824622

registered interest
date	17/01/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what steps she has taken to review the definition of torture used in the Adults At Risk policy.
tabling member constituency	Enfield North
tabling member printed	Joan Ryan
uin	123423
answer	answer is ministerial correction date of answer 25/01/2018 answer text <p>The adults at risk in immigration detention policy came into force in September 2016 and was part of the Government’s response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention. It is based on a case by case assessment of the appropriateness of detention for each individual, depending on the nature and evidence of vulnerability available in their particular case. It involves a balancing of vulnerability considerations against immigration factors (how soon removal is due to take place, public protection concerns, and compliance with immigration law). If an individual is identified as being at risk in the terms of the policy, they will be detained (or their detention continued) only when the immigration factors outweigh the evidence of risk. <br>As such, the policy strengthens the existing presumption against detention. It does not, however, represent an automatic exclusion from immigration detention for any group of vulnerable, or potentially vulnerable, individuals and the Government has no plans to put in place a framework which fully prohibits the detention of any group of individuals.</p><p>Victims of sexual or gender based violence already fall explicitly within the scope of the policy. Individuals who have suffered severe physical or psychological violence are not explicitly referenced, but it is highly likely that such individuals would in any case fall within its scope in that they would meet one of the other indicators of risk set out in the policy (for example, suffering from a mental health condition or impairment, or suffering from a serious physical health condition, or suffering from post traumatic stress disorder, or having been a victim of torture).</p><p>Following the High Court judgment on 10 October 2017 in the case of Medical Justice and Others v the Secretary of State for the Home Department, the Government has been considering how it can best address the Court’s findings in relation to the statutory guidance in respect of the adults at risk in immigration detention policy. This includes consideration of the definition of torture that should apply in the policy. On 16 January 2018, Home Office officials wrote to a range of non-governmental organisations, including Medical Justice and Freedom from Torture, to propose a series of meetings in order to elicit their views as part of the process for developing statutory amendments.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 123433 123436 123437 question first answered 25/01/2018 12:50:05 answering member 4048 label Biography information for Caroline Nokes
tabling member	166 label Biography information for Joan Ryan

824632

registered interest
date	17/01/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what plans his Department has to hold discussions on the review of its Adults at Risk policy with (a) Freedom from Torture, (b) Medical Justice and (c) Survivors Speak OUT.
tabling member constituency	Enfield North
tabling member printed	Joan Ryan
uin	123433
answer	answer is ministerial correction date of answer 25/01/2018 answer text <p>The adults at risk in immigration detention policy came into force in September 2016 and was part of the Government’s response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention. It is based on a case by case assessment of the appropriateness of detention for each individual, depending on the nature and evidence of vulnerability available in their particular case. It involves a balancing of vulnerability considerations against immigration factors (how soon removal is due to take place, public protection concerns, and compliance with immigration law). If an individual is identified as being at risk in the terms of the policy, they will be detained (or their detention continued) only when the immigration factors outweigh the evidence of risk. <br>As such, the policy strengthens the existing presumption against detention. It does not, however, represent an automatic exclusion from immigration detention for any group of vulnerable, or potentially vulnerable, individuals and the Government has no plans to put in place a framework which fully prohibits the detention of any group of individuals.</p><p>Victims of sexual or gender based violence already fall explicitly within the scope of the policy. Individuals who have suffered severe physical or psychological violence are not explicitly referenced, but it is highly likely that such individuals would in any case fall within its scope in that they would meet one of the other indicators of risk set out in the policy (for example, suffering from a mental health condition or impairment, or suffering from a serious physical health condition, or suffering from post traumatic stress disorder, or having been a victim of torture).</p><p>Following the High Court judgment on 10 October 2017 in the case of Medical Justice and Others v the Secretary of State for the Home Department, the Government has been considering how it can best address the Court’s findings in relation to the statutory guidance in respect of the adults at risk in immigration detention policy. This includes consideration of the definition of torture that should apply in the policy. On 16 January 2018, Home Office officials wrote to a range of non-governmental organisations, including Medical Justice and Freedom from Torture, to propose a series of meetings in order to elicit their views as part of the process for developing statutory amendments.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 123423 123436 123437 question first answered 25/01/2018 12:50:05 answering member 4048 label Biography information for Caroline Nokes
tabling member	166 label Biography information for Joan Ryan

720660

registered interest
date	13/04/2017
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what steps her Department has taken to implement the recommendations of the European Committee for the Prevention of Torture's report, Forced return flights from the UK, published in 2013.
tabling member constituency	Bristol East
tabling member printed	Kerry McCarthy
uin	70851
answer	answer is ministerial correction date of answer 20/04/2017 answer text <p>The Government responded in full to the report in July 2013. Flights continue to be monitored independently by HM Inspectorate of Prisons and Independent Monitoring Boards.</p> answering member constituency Scarborough and Whitby answering member printed Mr Robert Goodwill question first answered 20/04/2017 08:19:10 answering member 1562 label Biography information for Sir Robert Goodwill
tabling member	1491 label Biography information for Kerry McCarthy

685577

registered interest
date	06/02/2017
answering body	Foreign and Commonwealth Office
answering dept id	16
answering dept short name	Foreign and Commonwealth Office
answering dept sort name	Foreign and Commonwealth Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Foreign and Commonwealth Affairs, whether he plans to make representations to the US President on the UK's policy on torture.
tabling member constituency	Birmingham, Hall Green
tabling member printed	Mr Roger Godsiff
uin	63304
answer	answer is ministerial correction date of answer 09/02/2017 answer text <p>I refer the honourable gentleman to the statement made on the issue by the Prime Minister, my Rt Hon Friend the Member for Maidenhead (Mrs May), at Prime Minister's Questions on 25 January: our position on torture is clear. We do not sanction torture and do not get involved in it, and that will continue to be our position. The UK stands firmly against the use of torture and cruel, inhuman or degrading treatment or punishment. We do not participate in, solicit, encourage or condone such practices for any purpose. The UK has been - and is - at the forefront of international efforts to develop a global system of torture prevention and calls on all states to follow our example by ratifying and implementing the UN's Protocol to the Convention Against Torture.</p> answering member constituency Reading West answering member printed Alok Sharma question first answered 09/02/2017 16:45:50 answering member 4014 label Biography information for Sir Alok Sharma
tabling member	304 label Biography information for Mr Roger Godsiff

660144

registered interest
date	16/12/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what assessment she has made of the implications for her policies of Proving Torture: Demanding the impossible, Home Office mistreatment of expert medical evidence, published by Freedom from Torture in November 2016; and what steps her Department is taking to improve asylum decision-making for torture survivors.
tabling member constituency	Gordon
tabling member printed	Alex Salmond
uin	58026
answer	answer is ministerial correction date of answer 23/12/2016 answer text <p>I refer the hon. Member to the response to the hon. Member for Birmingham, Hall Green, UIN 54220, on 30 November 2016.</p> answering member constituency Scarborough and Whitby answering member printed Mr Robert Goodwill question first answered 23/12/2016 11:34:34 answering member 1562 label Biography information for Sir Robert Goodwill
tabling member	577 label Biography information for Alex Salmond

657950

registered interest
date	13/12/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Torture
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, if she will issue a response to the report by Freedom from Torture, Proving Torture, published in November 2016; and if she will take steps to roll out training developed by her Department to decision-makers.
tabling member constituency	Edinburgh East
tabling member printed	Tommy Sheppard
uin	57496
answer	answer is ministerial correction date of answer 19/12/2016 answer text <p>We consider all asylum claims in a sensitive manner on an individual, objective and impartial basis ensuring that all cases are managed effectively throughout the asylum process to avoid unnecessary delay.</p><p>The policy guidance sets out how to properly consider, and afford appropriate weight to, medico-legal evidence as part of a claim for protection. It states explicitly that it is not the role of decision makers to dispute clinical findings in the medico-legal reports or make clinical judgments of their own about medical evidence or medical matters generally and all decision makers are trained in the application of this policy. Officials will review the cases that are referred to in the report and will continue to work closely with Freedom from Torture and others to review and develop further our policy and training.</p><p>All members of staff who make decisions in asylum receive the same level of training. This includes training on international and domestic law and safeguarding issues supplemented by a mentoring programme with an experienced caseworker that can last up to 6 months. Within the training there are specific sections that detail torture and Medico Legal Reports and how they should be used and analysed in asylum claims.</p><p>Asylum Operations recently received funding from the Asylum Migration and Integration Fund to review and redevelop its training prospectus. As part of that work, Asylum Operations is liaising with a range of external stakeholders -including migrant charities and non-governmental organisations - to ensure a robust and effective safeguarding training product.</p> answering member constituency Scarborough and Whitby answering member printed Mr Robert Goodwill question first answered 19/12/2016 16:31:05 answering member 1562 label Biography information for Sir Robert Goodwill
tabling member	4453 label Biography information for Tommy Sheppard