Intelligence and Security Services: Treatment of Detainees

Baroness Royall of Blaisdon Excerpts

Tuesday 6th July 2010 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the Leader of the House for repeating the Statement given by the Prime Minister in the other place and I am grateful to the Government for early sight of it. I join the Leader of the House and the Prime Minister in paying tribute to all those soldiers whom he mentioned at the start of the Statement and wholly endorse his point about the sacrifices made on our behalf.

The use of torture is morally abhorrent and has no place in this country or any civilised society. It is against the law in our country. Indeed, it is one of only two offences that can be brought to court in this country no matter where in the world the offence was committed. It is a grave crime against humanity and its prohibition is embodied in international law. There must be no hiding place for those who practise it and no excuse for those who turn a blind eye to it. The United Kingdom should always be at the forefront of international efforts to detect and expose torture and bring those responsible for it to justice. To play our part in leading the world, we must lead by example.

I note that there was only the merest mention in the Statement repeated by the Leader of the House of the USA’s detention centre at Guantanamo Bay. I ask the Leader of the House to join us in our condemnation of the US Guantanamo detention centre. It is clearly in breach of the law, which is why it is not on the US mainland and why we make great efforts to secure the release of British nationals and British residents from Guantanamo. We are the only country that has successfully brought back all our citizens. Having secured the release of all our citizens and all but one of our residents, we should like to know whether the Government are continuing our efforts to bring back the final remaining British resident who is still detained.

Can I confirm with the Leader of the House that anyone who takes part in or aids or abets torture is criminally liable and must be accountable for their responsibility to the criminal court? There is of course a criminal investigation under way, which was referred to the police by the then Attorney-General, my noble and learned friend Lady Scotland of Asthal. Will he confirm that this investigation will proceed to its conclusion independently and unimpeded?

I agree with the Leader of the House that it is right that we have proper accountability for our security services and I reaffirm our support for the work of the Intelligence and Security Committee. I also welcome his appointment of the right honourable Member for Kensington in the other place to chair the committee. He will, I know, ensure that the ISC plays its part in the strong framework of accountability that includes accountability to Ministers, the heads of the agencies, the two intelligence service commissioners, both retired High Court judges, the independent reviewer of terrorism legislation, the noble Lord, Lord Carlile of Berriew, to whom I pay tribute, and, of course, the courts.

I also welcome the publication today of consolidated guidance for intelligence officers and the military on the questioning of suspects held overseas. I regret the insinuation that we failed to publish the guidance when in government. As the Leader well knows, the process of publication was something to which we on this side of the House were committed in government and it was under way. We are pleased that it has been completed with publication today.

I assure the noble Lord that we support the establishment of an administrative inquiry, led by Sir Peter Gibson, which he has announced to the House today. In order that the security services can proceed with their important work to protect this country with all inquiries concluded, can the noble Lord say how long he expects the inquiry to take from when it starts work? Will he confirm that concluding the question of criminal responsibility will take precedence and that the administrative inquiry will start only when the criminal investigation and any proceedings thereafter are concluded?

As the Leader said, a number of cases are under way in the civil courts where former detainees are taking action. Can he clarify more specifically the effect that the administrative inquiry will have on these cases? Will they be superseded by the inquiry? Will this need the consent of the plaintiffs and any future plaintiffs, or will the cases run alongside the inquiry?

Will the Leader of the House acknowledge the importance of the Human Rights Act, which enshrines in British law the European Convention on Human Rights and the protections afforded by Article 3? Article 3 states:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment”.

Will he affirm his and his Government’s support for the Human Rights Act, which ensures that, when there is a breach of human rights, the victim can take action in our courts rather than spending up to seven years taking their case to the European Court of Human Rights in Strasbourg? Can he reaffirm that it is never right for us to deport from this country those who would face torture in their home country? I also invite the Leader to reaffirm the UK’s support for the work of the United Nations to end torture, including the convention against torture and the 2002 optional protocol, which establishes an international system of inspections for places of detention.

On the proposed new policy framework for national security and justice, as the Leader says, we await the judgment of the Supreme Court, and we shall examine carefully the proposals that the Government will bring forward in their Green Paper next year.

Finally, I endorse the noble Lord’s support for the difficult and often dangerous work of our security services. The whole country, including all sides of your Lordships’ House, has reason to be grateful to officers from all branches of the intelligence services for the fearless work that they do across the world to keep this country safe.