Detainee Issues

Baroness Ludford Excerpts

Thursday 18th July 2019 Lords Chamber

[Lord Collins of Highbury (Lab)]

My Lords, I thank the Minister for repeating the Statement. It is extremely disappointing that the Government failed to implement the Intelligence and Security Committee’s recommendations to commission an independent and judge-led inquiry, especially in the light of the comments by the UN Committee Against Torture, which has called on the UK to,

“establish without further delay an inquiry on alleged acts of torture and other ill-treatment of detainees held overseas … by, at the instigation of or with the consent or acquiescence of British officials”.

We must remember that at the heart of the historical allegations of torture and rendition lie the stories of dozens of victims of this abuse, many of them innocent of any crime.

In the other place, David Lidington said that the Government did listen to the ISC and that the new principles reflected in many detailed aspects the precise recommendations of the committee in its two reports of 2018. So, if the Government are so confident that all the lessons of the past have been learned and that the abuses of the past cannot be repeated, what exactly do they have to fear by allowing a judge to look into this issue to examine all the evidence, interview all the witnesses and look at the new procedures and rules so that he or she can tell the Government whether they are right?

I turn to the new guidelines published today. I welcome the fact that they have been published, but I am concerned that the input of civil society might not have been fully considered. On this point, David Lidington said that Sir Adrian, in the course of his review, took great care to consult civil society. He convened meetings where representatives of civil society could make their representations to him and put forward their ideas. Is the Minister willing to say this afternoon exactly what Sir Adrian chose not to reflect from particular civil society organisations in his final report and recommendations? This process needs full transparency and open examination of all the issues, and that is why it is so important to have a full inquiry.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for repeating the Statement. However welcome it is that the Government have accepted the Investigatory Powers Commissioner’s recommendations to replace the current consolidated guidance with new principles, the refusal to re-establish a judge-led inquiry, which was promised nearly a decade ago, is deplorable. The Intelligence and Security Committee, under the chairmanship of Dominic Grieve, did its best in the reports it produced a year ago, but the Prime Minister denied it access to relevant witnesses such that it was unable to conduct an authoritative inquiry and produce a report, so it had to stop.

However, the ISC estimated, on the basis of the research it was able to do, that UK personnel had been involved in 2,000 to 3,000 detainee interviews in the period 2002 to 2004. It found 166 incidents recorded, and there were huge gaps in the records, where UK personnel either witnessed detainee mistreatment, were told of it by the detainees themselves or were told of it by foreign agencies. In addition, the ISC found 198 recorded cases where UK personnel received intelligence that they knew or should have suspected was tainted as it resulted from detainee mistreatment. That makes getting on for 400 cases, some of which would surely have involved torture or illegal behaviour by British officials. Since the ISC found a lot of gaps in those records, it could be many more. Then there is complicity in illegal rendition, secret imprisonment and disappearance. It is not acceptable to try to bury this sorry, disgraceful history. There needs to be transparency and accountability in establishing the truth, not a continued cover-up. Anything less may well breach the requirements of the European Convention on Human Rights.

Like this Statement, today’s Written Statement from the Prime Minister on the new principles asserts that the Government’s policy is not to,

“participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment”.

It would be extraordinary if it were otherwise. However, there still seems to be wriggle room for Ministers to authorise co-operation with torture and inhuman treatment, in breach of international law. Can the Minister assure us that the Ministry of Defence document revealed in May—it made clear that Ministers permitted themselves to share intelligence with allies even if there was a serious risk of torture—is now redundant and has been withdrawn, and that the principles would ban both Ministers and personnel from taking such a real risk?

On that note, can the Minister assure us that the extradited Hashem Abedi, the brother of the perpetrator of the appalling Manchester Arena bombing, was not mistreated or tortured in Libya?

The suspicion must exist that this brushing under the carpet is to please President Trump at a time when the likely next Prime Minister is keen to be chummy with him. That would be morally shameful. The ISC reported MI6 as saying that, post 9/11, there was,

“an unconditional reflex to support the United States, which … came from the political centre”—

namely, No. 10. The ISC concluded that,

“the UK saw itself as the poor relation to the US, and was distinctly uncomfortable at the prospect of complaining to its host”.

I am afraid that, once again, this sounds all too familiar.

In 2010, the coalition Government resolved to establish the truth through the powers of a judge. It is shocking that this Conservative-only Government have abandoned that attempt.

[Lord Young of Cookham]

My Lords, I begin by saying that I understand the disappointment of both Front Bench spokespeople at the decision not to hold a further judge-led inquiry. Perhaps I can amplify the reasons that I gave in the Statement.