Belhaj and Boudchar: Litigation Update

Lord Clarke of Nottingham Excerpts

Thursday 10th May 2018 Commons Chamber

[The Attorney General]

I thank the hon. Gentleman for his remarks and for the tone of them. He is right to say that one thing we should seek to achieve, not least for Mr Belhaj and Mrs Boudchar, is the ability for them to have closure and to move on with their lives. He is also right to say that the framework in place for the future must be properly robust and ensure that this kind of thing does not happen again. He asked me about consultation with Ministers on questions of this nature. I am sure he will be aware of the consolidated guidance published by the coalition Government in 2010, which of course we keep under review. It indicates clearly that when it comes to the treatment of detainees and information obtained from them, there are clear expectations of the intelligence agencies; where necessary, they should refer matters to Ministers; and when they do so Ministers should be properly informed of the background to the decisions they are being asked to take.

The hon. Gentleman is, of course, also right to say that the framework that surrounds all these activities must be fundamentally based on our values, one of which is the capacity of this Government or any Government to accept where mistakes have been made and apologise for them.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

As chairman of the all-party group on extraordinary rendition, may I unreservedly welcome this statement and the tone of it, and congratulate the Prime Minister and the Attorney General on producing it? My main regret is that it has taken so many years to produce it. These events took place in 2004, and as long ago as 2013 Mr Belhaj offered to settle this case for £3 compensation and an apology—that was rejected. The whole thing has now reached a much better resolution, and my right hon. and learned Friend has expressed all the sentiments we all feel about proper standards in the service. Does he accept that we now need to move quickly to the most important thing, which is to be reassured that nothing of this kind is likely to happen again and that our intelligence services will not get embroiled in such serious breaches of human rights?

The Intelligence and Security Committee is shortly to produce a report that covers these matters. Will my right hon. and learned Friend therefore assure me that it will be followed by a ministerial statement that will set out as clearly as is possible, given the security problems, the facts that the Government are now prepared to disclose as to how this happened and, more importantly, how future rules and the consolidated guidance are to be so revised that we can be reassured that for the foreseeable future it is highly unlikely that the British will ever be involved in such an embarrassing situation?

[The Attorney General]

I am grateful to my right hon. and learned Friend for that, and I share his regret that it has taken this long to resolve the matter. He may know that in recent months—and it has been recent months—the Prime Minister has asked me to look in particular at this case and to lead the mediation process that recently concluded. What needed to be done here was apparent to me very quickly following my involvement in the case: there needed to be a resolution of this matter and an apology. Although, as he knows, this is an immensely complex matter, legally, factually and in many other ways, it is extremely welcome that we have been able to resolve matters as we have.

In so far as reassurance for the future is concerned, my right hon. and learned Friend has heard me say something about, and of course he knows about, the changes that have been made, since the incidents I have described, to the systems that we apply here. He knows from his experience in government—I have certainly found this in mine—that the way in which decisions of this nature are taken is now fundamentally different from the way in which they previously were, and that provides us with some reassurance. He also mentions the ISC report, which we await. I hope he will be reassured to know that, as far as I know, the Committee has been provided with the information that it has asked for in relation to this case—I know the Committee will ask again if there is more that it requires. When it has produced its report, the Government will of course seek to respond in a meaningful way to it.