Detainees

David Davis Excerpts

Thursday 18th July 2019 Commons Chamber

[Mr Lidington]

I cannot speculate about what an incoming Administration might or might not do. I am grateful to the hon. and learned Lady for her welcome for the principles, but I disagree with her on this point: I do not see that a revived judge-led inquiry would add anything to the actions that have already been taken. The Government and the agencies have accepted that things were done wrong, for various reasons, between 2001 and 2010. As a result of internal investigations, the ISC’s reports and the commissioner’s recommendations, significant improvements have been made to the internal training of staff in the agencies. There is much greater clarity and rigour in the guidance that officers are given, and the accountability of officers to Ministers in cases where there might be a risk of torture or inhuman treatment has been highlighted in the guidance and the training.

In the light of those changes, it is our view that no new policy decision would arise out of a further judge-led inquiry, nor do we believe that there is a legal obligation on the Government to hold such an inquiry. The police have had access to all the material they wish to access about individual cases, and, as I have said, they have concluded a number of investigations without need for further process, while a few investigations are continuing. So I think all necessary steps have been taken.

[Mr David Davis (Haltemprice and Howden) (Con)]

I will resist the temptation to reply to the failure to provide a judge-led inquiry in four words; those words being, “See you in court,” because it is quite plain that this decision will face a judicial review and that will take even more time and give less closure.

My right hon. Friend asked us to accept that the Government have solved the problems, and ironically he cites as evidence of that a number of ISC reports from some years ago that are now understood to have got the answer wrong because they were misinformed. The current ISC report—much better, much higher quality—was of course limited, as we heard from its Chairman, by the restriction on witnesses.

So the Government are asking us to allow them to mark their own homework. If we want a real coruscating comment on that, we need only look back at the Binyam Mohamed case and the remarks of Judge Neuberger on the Government’s and agencies’ handling of it throughout. The Government should simply not be allowed to mark their own homework.

On the point that the Government have solved the problems, I am afraid that that is plainly and demonstrably not true. That is illustrated most clearly in the point raised by the shadow Foreign Secretary that there is no prohibition on Ministers approving torture. My right hon. Friend the Minister says that they are required to obey the law, but they were required to do so in 2002 when the law was precisely the same in terms of international convention, so that does not apply either. We have evidence from one month ago, Mr Speaker, when you allowed an urgent question in this Chamber to the Ministry of Defence, which had produced internal policy documents that explicitly conceived of Ministers approving co-operation with states that had used torture to acquire information. So, plainly, the Government have not learned their lesson yet. There are a number of reasons for having an inquiry—legal, reputational, operational, closure and the simple one of keeping the promise we gave—and I am afraid that the Government will eventually be forced into that position.

[Mr Lidington]

My right hon. Friend has been pursuing these issues for quite a long time now. He has always been absolutely consistent in the position he has taken, and I respect that position even though the Government disagree with his views.

Going back to the question about witnesses at the ISC, the offer was always there for agency chiefs, senior officials and Ministers to speak on behalf of officers who were or had been junior at the time of the events complained of. That is the way in which the Government respond to every Select Committee of Parliament, with the seniors in a Department or agency taking responsibility for the decisions made by junior staff.

In respect of what my right hon. Friend said about the Ministry of Defence, he will find when he looks at the principles that they apply expressly to members of our armed forces. My right hon. Friend the Secretary of State for Defence has issued a written ministerial statement today in which she says that the Ministry of Defence accepts the principles in full and has already begun work to update its internal guidance accordingly.