Belhaj and Boudchar: Litigation Update

George Howarth Excerpts

Thursday 10th May 2018 Commons Chamber

[The Attorney General]

I am grateful for my right hon. Friend’s opening comments. I am sure he will understand that I do not wish to be involved in the processes of the appointment of the new director of the CIA. Nevertheless, he asks perfectly reasonably that there is contact with our international partners about this case and that where we can we give information about it and about the way in which we have chosen to deal with it. Of course, we must also give the clearest possible signal to all our allies and those with whom we deal about what our standards are, what we expect and what we will not accept.

[Mr George Howarth (Knowsley) (Lab)]

I congratulate the Attorney General on the statement and the sensitive way in which he put the argument.

First, I was a member of the Intelligence and Security Committee for 11 years, and in the period leading up to the 2010 election the Committee did a substantial amount of work on what consolidated guidance should look like. In the event, the coalition Government issued a completely different set of consolidated guidance. Will the Attorney General undertake to look at the work that was done by the Committee to see whether any additions can be taken from it?

Secondly, I am aware that, as has already been conceded, there were failures of record keeping and failures on the part of the agencies in respect of the way ministerial authorisations were sought at that time and in those sets of circumstances. I am aware that there have been improvements since then, but will the Attorney General undertake to keep both of those things under review? They are important and I suspect that they played a part in this particular case.

[The Attorney General]

I am grateful to the hon. Gentleman for his comments. On his first point, he is right that consolidated guidance should be kept under review. As I indicated to the shadow Solicitor General, the hon. Member for Torfaen (Nick Thomas-Symonds), we will certainly seek to do that. The hon. Gentleman will know that the current ISC inquiry on detainees will, we hope, feed into a proper look again at whether the consolidated guidance is in the right place. It is worth making the point, which the hon. Gentleman will recognise from his experience of these matters, that the UK is unusual in the publication of such guidance. It is of course important that we recognise our failures on a day like this, but it is also important that we recognise where we lead the world, and there are some aspects in which we do. It is important not just that this information is available to those who participate in the work of the intelligence agencies, but that the public can see it and that the kind of debates we are having can be held in public.

On the hon. Gentleman’s second point, he will understand that Jack Straw, who was Foreign Secretary at that time, was an individual defendant in this case. I have made it clear that the claim against him has been dropped and there is no further pursuit of those allegations. I understand that Jack Straw will make his own statement later today. The points I have made are about the system more broadly, as are the points made by the hon. Gentleman. In relation to the system more broadly, it is important that we make what changes we can to ensure that we have the safeguards that we need to get as close as we can to a position in which we can answer the questions that the hon. and learned Member for Edinburgh South West (Joanna Cherry) asked earlier, in the most absolute terms that we can give.