Foreign Fighters and the Death Penalty

Chris Elmore Excerpts

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

I understand the hon. Lady’s point about our values. As a former soldier, I have stood and upheld those values in pressing times, when the enemy or indeed the local population are very hostile; it is about us being better than them. In this specific case, however, the two individuals are not in our control; we cannot extradite them, move them or control them. This is about evidence—could we share evidence with another country, with an independent judiciary and the rule of law, that sought justice for its victims? The decision was made, based on our guidance, that in this case there was strong reason to do so without seeking a death penalty assurance.

[Chris Elmore (Ogmore) (Lab)]

On 23 July, the Minister told the House:

“On Guantanamo Bay, again our position has not changed. The UK Government’s long-standing position is that the detention facility at Guantanamo Bay should close. Where we share evidence with the US, it must be for the express purpose of progressing a criminal prosecution, and we have made that clear to the United States.”—[Official Report, 23 July 2018; Vol. 645, c. 725.]

Can the Minister confirm that, contrary to that statement, the Home Secretary decided in this case not to ask for any assurances that the men will not be sent to Guantanamo Bay detention centre?

[Mr Wallace]

I have to disappoint the hon. Gentleman. When the agreement on the MLA was made, it was stated clearly that if any other use of the evidence was requested, they would have to come back here to get permission for that use. The Government’s stated policy is to oppose Guantanamo Bay detention—[Interruption.] Hang on. “Any other use” covers every use they would like to make of the evidence other than a judicial trial. It was clear that for every use other than a judicial trial, they would have to come back and seek permission, and our position on Guantanamo Bay is clear. I made it clear in my meeting with the Department of Justice in April or May, that if they were to come back and their request was to do with Guantanamo Bay, permission would not be given. One can argue about whether we could have written back saying, “Not for Guantanamo Bay,” but we said “any other reason”, which could be Guantanamo Bay or going on holiday.