The Prime Minister (Mr David Cameron)
I have today deposited in the Libraries of both Houses a copy of a direction I have given to the Intelligence Services Commissioner, the right hon. Sir Mark Waller, under section 59A of the Regulation of Investigatory Powers Act 2000. This direction puts on a statutory footing the Commissioner’s role overseeing compliance with the consolidated guidance to intelligence officers and service personnel on the detention and interviewing of detainees overseas, and on the passing and receipt of intelligence relating to detainees.
The Commissioner’s oversight of the consolidated guidance began when it was published for the first time by this Government on 6 July 2010. His annual reports since then, which are published and available on the Commissioner’s website, detail his work overseeing compliance with those aspects of the guidance for which he has responsibility. In his 2013 annual report he asked me to issue this direction and put his work in this regard on a statutory footing. I said I would issue this direction in my statement to the House on 25 November 2014, following the publication of the Intelligence and Security Committee’s report into the murder of Fusilier Lee Rigby.
In their report, the Intelligence and Security Committee were critical of the Secret Intelligence Service for the handling of allegations of Michael Adebolajo’s mistreatment in Kenya, made during his interview by the police under the Terrorism Act 2000 on his return to the UK. I have therefore asked Sir Mark to examine the concerns raised by the Committee on the Government’s responsibilities in relation to partner counter-terrorism units overseas. He will have full access to all the material referred to in the Committee’s report.
The Intelligence Services Commissioner plays a crucial role as part of the oversight regime for the work of the security and intelligence agencies. His 2013 annual report, published on 26 June 2014, sets out in detail his work over the past year. I am grateful to Sir Mark Waller for his continuing scrutiny of the agencies and their activities, including compliance with the consolidated guidance. This Government have been determined from the outset to have greater clarity about what is and what is not acceptable when dealing with detainees held overseas by other countries. That is why we published the guidance at the earliest opportunity. It makes clear that our services must never take any action where they know or believe that torture will occur, that if they become aware of abuse they should report it to the Government so we can try to stop it and if there is a risk of serious mistreatment, it is for Ministers—rightly—to determine what action, if any, should be taken.