Iraq: Refugees (Hansard, 11 November 2004)

§ The Minister of State, Home Office (Baroness Scotland of Asthal)
My Lords, all Iraqi applications are considered on their individual merits and we will grant asylum or other forms of leave where appropriate. Where applicants have their asylum claims refused and have any appeal dismissed they can in our view return safely to Iraq. We also consider it safe for refugees to return to Iraq where, for example, their previous fears were based on the Saddam regime.

§ The Earl of Sandwich
My Lords, I thank the noble Baroness for her Answer. Can she confirm that out of 6,400 asylum applicants during the year to last June, only five Iraqi refugees were granted asylum? By forcibly removing them, are not the Government condemning at least some of those refugees—obviously not all of them because there are many voluntary returnees—to the same persecution and torture that they fled from in the first place? Does she 1014 not accept the United Nations' judgment that until there is some degree of security in Iraq, which of course we are all hoping for, no place in Iraq is safe?

§ Baroness Scotland of Asthal
My Lords, I regret to tell the noble Earl that I cannot accept either of those propositions. It is right that more than 90 per cent of the applications made by applicants from Iraq have failed. But all have had the benefit of proper extensive judicial process to determine whether they have a valid claim. Those who have established their validity have been allowed to remain. As to the degree of security, it is right that certain areas in Iraq have profound difficulty, but it was quite wrong to say that there are areas in Iraq which are not safe for people to return to, and, indeed, some are safer than they were hitherto.

§ Baroness Rawlings
My Lords, will the noble Baroness clarify the Government's message on returning refugees? Especially, what recommendations are Her Majesty's Government giving refugees who are afraid to return home due to security issues but who wish to take part in the forthcoming elections?

§ Baroness Scotland of Asthal
My Lords, first, the noble Baroness will know that provisions are made for voluntary returns. The noble Earl made reference to them; over 300 people have returned voluntarily. We make every effort to encourage people to do that. Of course it is a matter for those who are citizens of Iraq whether they wish to return to take part in the elections. Many are making that choice.

§ Lord Avebury
My Lords, has the Minister considered that returnees who go back voluntarily under the auspices of the IOM are asked to sign a waiver of responsibility for what happens to them after they touch down? Does the noble Baroness think that that is compatible with the principle of returning refugees to their countries of origin in safety and dignity, as required by the UNHCR guidelines? Has she studied the latest note from the UNHCR dated yesterday, which says that no part of Iraq is safe?

§ Baroness Scotland of Asthal
My Lords, I have not had the benefit of seeing the document that the noble Lord referred to in relation to no part of Iraq being safe. As I have already indicated, that is not a view with which we concur. The noble Lord will know that there are large parts of Iraq, particularly in the north, which are safe to return to and certainly safer than other parts. The majority of applicants seeking asylum are in fact young males from the northern part of Iraq, where it is safe.
We of course will continue to look very carefully on a case-by-case basis at whether asylum claims are properly made out. I have every confidence that under the legal procedure we have in place that determination will be fair and in accordance with the Human Rights Act and our responsibilities in accordance with international obligations.

§ Lord Campbell-Savours
My Lords, what attitude are we taking to members of the Ba'ath Party, who supported the previous regime?

§ Baroness Scotland of Asthal
My Lords, I cannot give a general answer to that, as my noble friend will know. It very much depends on what those individuals have or have not done and the nature of their case. It would be quite improper for me to make any generalised comment that would include all those people, because the position of each individual will be different.

§ Lord Alton of Liverpool
My Lords, the Minister will be aware of the debate led by her honourable friend, Mr Stephen Pound, in another place concerning the plight of the ancient Assyrian community in Iraq and the peculiarly difficult circumstances in which it finds itself. Will she study that debate further and have regard to their plight before making decisions about returning those people to their very vulnerable situation?

§ Baroness Scotland of Asthal
My Lords, we will certainly bear those issues in mind. We are very aware of concerns about the Christian community and we will continue to consider how best we can assist in that regard.

§ Lord Dykes
My Lords, in view of the Minister's response last week about the number of civilian casualties from military action in Iraq and her response today, can she now give a more accurate estimate of the likely civilian casualties so far from military action?

§ Baroness Scotland of Asthal
My Lords, we have said that we will place a report in the House and I repeat that undertaking today.

§ The Earl of Sandwich
My Lords, does the noble Baroness agree that one problem is that the United Nations High Commissioner for Refugees, having no office in Iraq, is unable to monitor the safe return of returnees, as would normally be the case? Does not that make this a particularly difficult case?

§ Baroness Scotland of Asthal
My Lords, we certainly hope that the UN will be able to get back in very soon. Noble Lords will know that we are gathering as much intelligence as we can so that we may make an accurate assessment. The noble Earl will be aware that the Foreign and Commonwealth Office does that on a continuous basis and I can tell your Lordships that officials from the Home Office visited Iraq in both April and September to make an assessment of the nature of the conditions and of the areas that cause the most difficulty. I assure your Lordships that that assessment will continue and will be comprehensive, using the intelligence that we have available to us.