Detainee Mistreatment and Rendition

Baroness Chakrabarti Excerpts

Monday 2nd July 2018 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, it is a customary courtesy on occasions such as this for me to thank the Minister for repeating an Answer but this evening those thanks are very much heartfelt, as are my thanks to Kenneth Clarke, the Father of the House of Commons, for putting this Question. My thanks to the Minister are for two words in that Answer: “60 days”. They are for the promise to come back within 60 days with an answer on whether we are finally to have a judicial inquiry into what is perhaps the darkest part of the so-called war on terror, as far as this country is concerned. I am very grateful for that.

However, when the Minister returns with that answer and, I hope, to deliver the judicial inquiry that the agencies, victims of kidnap and torture and the wider public need to close this chapter and move forward, will that inquiry be truly independent and autonomous, bearing in mind that the first of the two ISC reports highlighted the fact that Mr Grieve and his colleagues were not able to summon witnesses, including those involved in the agencies at the pertinent time? Will that inquiry also look into the operation of the Justice and Security Act—the so-called secret courts Act—which I suspect Mr Clarke and others on all sides of both Houses might have thought twice about in 2013, if they had known what was to be revealed subsequently? Finally, can the Minister say whether the consolidated guidance will be reconsidered in the light of full public consultation, since the contemporaneous report—the second of the ISC reports—said that Ministers still lack a common understanding of what they may and may not authorise? Rendition, the transfer part of this terrible practice, is still not dealt with in current guidance.

[Baroness Goldie]

I thank the noble Baroness for her response to the reply to the Urgent Question. She welcomed the agreement that the Government will respond within 60 days and update the House on what they consider the position to be. I obviously do not want to pre-empt that by anticipating what may or may not be within the Government’s response. On the particular matter of an inquiry the Government, as I said, will give careful consideration to calls for another judge-led inquiry. One would imagine that implicit in that phrasing is a degree of independence, if it is indeed the Government’s decision to go down that road.

On the matter of the consolidated guidance, I think there is universal recognition that its introduction in 2010 saw a major step forward in how the Government—and the state, for that matter—deal with these sensitive and delicate issues. It was interesting that the committee acknowledged that very few countries in the world have attempted to set out their approach to these matters and let themselves be held accountable in the manner in which the United Kingdom does. That was a welcome acknowledgement by the committee of the strength of CSG. Clearly, however, the invitation to Sir Adrian Fulford to make proposals to the Government about how the consolidated guidance could be improved, taking account of the committee’s views and, importantly, those of civil society, will obviously inform the Government’s thinking in relation to that guidance.