Detainee Inquiry

Debate between Baroness Beckett and Lord Clarke of Nottingham

Thursday 19th December 2013 Commons Chamber

[Mr Clarke]

First, I share my hon. Friend’s determination that we get to the truth of these matters and that they are investigated. Indeed, I share his concern that anybody from the United Kingdom should be involved in unlawful rendition, and I used to support his campaigns when we were both in opposition. I disagree with him about the way we are progressing now. The judge-led inquiry cannot proceed with taking evidence from people and publishing evidence alongside continuing police investigations which may or may not lead to some further criminal proceedings if anyone is eventually prosecuted. The question is do we, frustratingly, just continue to wait—I think it is more than three years since the Prime Minister made his statement—or do we seek to demonstrate that we really have now got a parliamentary Committee with the powers and authority required to do the job and report back to this House and the Prime Minister on its findings and recommendations?

I am sorry that my hon. Friend is dismissive of the Committee’s powers. He took part in the debates last year. We have considered them and the Committee has far more powers than it previously had. One of the things it will be looking at is how, when the previous Committee investigated treatment of detainees and rendition, it did not appear to have been supplied with information that was in fact being shared with others inside the Government and which had been assembled by the agencies for their own use. I think it is highly unlikely that that will be repeated and I think the present Committee can be relied upon to use the powers to demand papers and to go to the offices and look through the records of the agencies in order to revisit its conclusions on those matters.

[Margaret Beckett (Derby South) (Lab)]

May I ask the Minister to confirm my understanding of what he has said, which is that Sir Peter and his team have identified a large number of questions, many of them fairly familiar, to which they have been unable to find answers in the documents they have studied, and that in consequence they have not drawn conclusions? I ask him to reaffirm that that is the case, because my strong suspicion is that there will be those who will try to draw conclusions nevertheless.

[Mr Clarke]

Given that somebody has been briefing in advance, which I give the assurance is certainly not me or anybody with my authority, it is already clear that people are drawing the conclusions that we would anticipate them drawing if they already happened to be on one side of the argument or another before we started, and that, I am afraid, will continue. The right hon. Lady makes an extremely important point, and Sir Peter makes it clear at least twice in the report he is publishing today that it is quite wrong, and indeed impossible, to make findings of fact, and certainly any findings concerning any individuals involved, before he has called evidence, called them before him if necessary, given them an opportunity to explain and completed these investigations. That is why this inquiry identifies issues, which the ISC will now consider and decide whether and how to pursue. It has not made any findings of fact. In this country it would be quite wrong to make findings of fact of any kind, or to draw adverse inferences against anybody, when nobody has given any evidence, nobody has been challenged, and nobody has been given a chance to give their own explanation of events.