Guantanamo Civil Litigation Settlement

Debate between Lord Clarke of Nottingham and David Miliband

Tuesday 16th November 2010 Commons Chamber

[Mr Clarke]

The settlement is not to be taken as an admission of liability, as it were. It was not in the interests of either party to get stuck into civil litigation with a wholly unforeseeable outcome. As I have said, it could have taken years and cost tens of millions of pounds. Its resolution was holding up the wish of the Prime Minister and the Government to get on with sorting out the allegations and having a proper inquiry into them. It has cost us quite a bit of money to mediate them, because the complainants were pressing their claims. The situation is obviously difficult and unusual, but it was right, in the public interest, to pay the money. The idea that we should carry on arguing for the next five or six years—it could have taken that long—and find ourselves in a pale reflection of the Saville inquiry running on and on would not have done anyone any good at all, so we paid the money so that we can move on. I think we have saved public money by not continuing to contest the claims.

[David Miliband (South Shields) (Lab)]

I think there will be natural concern on both sides of the House about Government payments of compensation when culpability has not been admitted. It is, however, important to welcome the right hon. and learned Gentleman’s statement today. I also welcome his repetition—word for word, if my memory serves me right—of the previous Government’s position on torture and other cruel and inhuman treatment. May I bring him back to the subject of the police inquiries and the Gibson inquiry? Like him, I hope for a speedy conclusion to the police inquiries so that the Gibson inquiry can get on with its work and bring some facts to a debate that often sadly lacks them. Would it be possible for Sir Peter Gibson and his team to start work now, even if their public and other work cannot get going yet? It would be a pity if the police inquiries were to drag on for many more months, delaying bringing clarity to this area.

[Mr Clarke]

I share the right hon. Gentleman’s statement of this country’s values as far as torture and ill-treatment are concerned. I also share his impatience to see the Gibson inquiry get under way. The Government cannot, however, have the inquiry proceeding in parallel with either civil or criminal proceedings on part of the same subject. For that reason, we must make it clear straight away that both will have to be resolved before we can proceed. If Sir Peter were to start, and if there were a prosecution arising from the police inquiries, a criminal trial might be running in parallel to his inquiry. That would not be possible. We shall wait to see what the police decide, and the moment those matters are resolved, Sir Peter will be able to begin his work.