Detainee Mistreatment and Rendition

Baroness Ludford Excerpts

Tuesday 16th July 2019 Lords Chamber

[Lord Young of Cookham]

I join the noble Baroness in paying tribute to my right honourable friend Ken Clarke, who has pursued this issue with commitment for many years, not least because of undertakings he gave when he was Lord Chancellor in the coalition Government. I note her very strong wish that his campaign should be rewarded with the announcement of a judge-led inquiry later this week. The noble Baroness will understand that I cannot anticipate my right honourable friend’s Statement, but I know she will take into account the views that noble Lords express in this exchange.

[Baroness Ludford (LD)]

My Lords, can the Minister confirm that the Statement on a judge-led inquiry and the updating of the consolidated guidance promised yesterday by the Deputy Prime Minister will be an Oral Statement, as requested by the Speaker? Can he confirm on which day it will take place?

The sudden spurt of speed is welcome, but very belated. It is 17 years since the US rendition and torture in which the UK colluded began, and nine years since the Gibson inquiry was first set up. Is this because Prime Minister May fears that a Prime Minister Johnson would succumb to pressure from President Trump not to revive the inquiry? We have already heard only this afternoon that the Government have made no representations to the Trump Administration about that Administration’s child migrant detention.

Last year, the ISC was concerned to note that HMG,

“has failed to introduce any policy or process that will ensure that allies will not use UK territory for rendition purposes without prior permission”.

It appeared to be quite concerned that the,

“shift in focus signalled by the … US administration”,

meant that,

“reliance on retrospective assurances and the voluntary provision of passenger information”,

was not “satisfactory”. Are these kinds of concerns now driving this welcome but slightly mystifying sudden promise of a Statement?

[Lord Young of Cookham]

I am not quite sure that the noble Baroness can complain about a sudden Statement when at the beginning of her question she complained about the length of time it has taken to reach a decision. In answer to her first question about whether the Statement will be oral or written, I cannot add to what my right honourable friend the Chancellor of the Duchy said yesterday in response to a request from the Speaker that it would be an Oral Statement:

“I will make sure that your comment to that effect is faithfully reported to my colleagues in Cabinet, Mr Speaker”.—[Official Report, Commons, 15/7/19; col. 589.]


I am afraid I cannot add to that.

I understand what the noble Baroness said about the length of time. This is an important and sensitive decision, as are any decisions involving intelligence and security, and requires careful analysis. In the exchange yesterday, my right honourable friend made it clear that,

“the Prime Minister has been very clear that she regards it as her responsibility to ensure that the decision is taken and announced to Parliament before she leaves office”.—[Official Report, Commons, 15/7/19; cols. 590-91.]

I might need to write to the noble Baroness on the other issues she raised, but Ministers must be involved in any case where an intelligence officer believes a detainee is at risk of mistreatment by a foreign state. The Ministerial Code obliges us to abide by international obligations such as the UN convention on torture and the ECHR.