Belhaj and Boudchar: Litigation Update

Joanna Cherry Excerpts

Thursday 10th May 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

It is a pleasure to see you in the Chair, Mr Deputy Speaker. I thank the Attorney General for the tone of his statement and for generously giving me advance sight of it. His statement acknowledges that a previous UK Government were complicit in the abduction, detention and rendition to Gaddafi’s Libya of a man who was an opponent of that vile regime. That is particularly shocking to us when we remember that the blood of so many innocent civilians, including British civilians, was on Gaddafi’s hands. The extraordinary rendition of Mrs Boudchar makes this even worse, particularly as she was pregnant at the time. I pay tribute to her fortitude in pressing this claim and in being here today.

The UK Government’s complicity in these events is shameful and is a gross breach of international humanitarian law, human rights and the rule of law. I am pleased that the Attorney General has acknowledged that lessons must be learned and sought to give us some reassurance for the future. May I ask him three questions? Will he specifically assure the House that such an occurrence could not take place again under a UK Government? Will he assure this House that in future information will not be shared with so-called international partners who flout international law and human rights? Can he tell us whether the investigations that have gone into settling this claim have uncovered whether what happened was part of the dark side of Tony Blair’s deal in the desert with Gaddafi in 2004?

[The Attorney General]

May I start at the end, but first express my gratitude to the hon. and learned Lady again for her remarks and the tone of them? She will understand that I cannot comment in detail about the position on the behaviour of the former Prime Minister and his Government. I am sure she will expect that Tony Blair has been told about the outcome of this process, and that is the case, but I cannot comment further on what happened during the course of his Government.

The other two questions the hon. and learned Lady asks are about the future, and she raises concerns that the whole House will have about how certain we can be that this will never happen again. The best that I can do is to restate the points that I have made about the changes that have occurred. She will be conscious of the substantial difference that the changes that I have described have made, not just to the processes that the Government apply in such cases but to the approach that they take to them. Formality needed to be brought back into these processes, and it is now there. The hon. and learned Lady will know that as Attorney General I am now a full member of the National Security Council; for me, that is a clear indication of the seriousness with which the Government take the questions of legality and the rule of law that must of course be at the heart of these judgments.

On the broader picture, the hon. and learned Lady will recognise that it is vital that the British Government and their agencies are able to recover intelligence that enables us to keep the British people safe, and it is difficult to give the absolute assurances that she seeks. The best that any Government can do is put in place the processes and practices that mean that the right values are applied to the judgments that we have to take, including in what are very difficult cases. I hope I have been clear that on this occasion we did not get those judgments right. We must do better in future.