Use of Torture Overseas

Debate between Dominic Grieve and Penny Mordaunt

Monday 20th May 2019 Commons Chamber

[Penny Mordaunt]

I can understand the concerns that have been expressed about a policy, but it cannot be drawn from that that action is being taken or incidents have happened. What I can say to the hon. Gentleman is that this policy is not new, nor has it been secret. The Prime Minister asked the Investigatory Powers Commissioner to review the guidance, and the commissioner has seen the MOD’s policy. What I said is that he has no issue and believes the MOD’s current policy is consistent with that guidance.

I repeat that no Minister could break the law or be advised to break the law by an official—that could not happen. I hope that reassures the hon. Gentleman on that point. The Attorney General is routinely and regularly involved in forming policies of this nature, and is also a member of the National Security Council.

[Mr Dominic Grieve (Beaconsfield) (Con)]

I endorse what my right hon. Friend has said: the idea that this is some extraordinary leak displaying some novel policy is wholly erroneous. If anybody wishes to read the Intelligence and Security Committee’s report on detention and rendition, they will find a lengthy section on current issues that deals with this precise matter, setting out the consolidated guidance in virtually identical form to that which exists and, I understand, is currently being used in the MOD.

That said, I welcome the Secretary of State’s review, and I point out that in the detention and rendition report my Committee made it clear that this was one of those exceptional areas dealing with serious risk. You can never authorise or sanction the use of torture—it is wholly contrary to international law—but we pointed out that where there is a serious risk there was a need for some form of process by which an evaluation could be made. It was noteworthy that there appeared to be differences, at the time we reported, between the Home Office, the Foreign Office and the MOD on what criteria might be applied by individual Secretaries of State. May I urge my right hon. Friend, first, enthusiastically to rebut those who suggest that this is an extraordinary revelation and, secondly, to move to respond to what the Committee suggested in its report?

[Penny Mordaunt]

I thank my right hon. and learned Friend for that contribution, and I completely agree with what he says. In addition to the review of the policy, I will certainly give the matters he raises my urgent attention.