Detainee Mistreatment and Rendition

Lord Clarke of Nottingham Excerpts

Monday 2nd July 2018 Commons Chamber

[Mr Kenneth Clarke (Rushcliffe) (Con)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on whether the Government will now reinstate the judge-led inquiry that the former Government promised in 2012, in the light of the two Intelligence and Security Committee reports on detainee mistreatment and rendition published on 28 June 2018.

[Mr Speaker]

Order. Before the Minister of States replies—we look forward to that with eager anticipation—perhaps I can be the first in the House to congratulate the right hon. and learned Gentleman, the Father of the House, on his birthday. The only prediction I feel that I can make with any confidence is that, as he celebrated two weeks ago today the 48th anniversary of his first election to the House, it is a fair bet that he has now reached the mid-point of his parliamentary career.

[The Minister for Europe and the Americas (Sir Alan Duncan)]

May I also congratulate my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke)? At the outset, I want to thank him for his question and his leadership of the all-party parliamentary group on extraordinary rendition.

The Government welcome the publication of the Intelligence and Security Committee’s reports and are grateful for its vital work and examination of allegations of UK involvement in mistreatment and rendition. May I also declare that between 2014 and 2016, I was for a period on the Intelligence and Security Committee when it was conducting this very long investigation? It is right that these reports and as much information as possible from this period are put in the public domain. We need to ensure that we learn from past mistakes so that they are never repeated. The Prime Minister laid a written ministerial statement in Parliament last Thursday, setting out the Government’s initial response to the reports.

It is important to note the context in which the Government, including the security and intelligence agencies and the armed forces, were working in the immediate aftermath of 11 September 2001. The UK responded to the tragic events of 9/11 with the aim of doing everything possible to prevent further loss of innocent life. With the benefit of hindsight, it is clear that UK personnel were working within a new and challenging operating environment for which, in some cases, they were not prepared. It took too long to recognise that guidance and training for staff was inadequate, and too long to understand fully, and take appropriate action on, the risks arising from our engagement with international partners.

The “Current Issues” report recognises that improvements have been made to operational processes since those post-9/11 years. In particular, the consolidated guidance, published in 2010—I would point out that we are the only country to have active consolidated guidance of this sort in operation—provides clear direction for UK personnel and governs their interaction with detainees held by others and the handling of any intelligence received from them. This is coupled with world-leading independent oversight, including by the Committee and the Investigatory Powers Commissioner, Sir Adrian Fulford.

Formal oversight responsibility for the consolidated guidance rests with the Investigatory Powers Commissioner. Last week, Sir Adrian Fulford welcomed the Prime Minister’s invitation to him to make proposals on how the consolidated guidance could be improved further and he would be able to take account of the Committee’s views and those of civil society. The Prime Minister has stated that the Government will give further consideration to the Committee’s conclusions and recommendations. The Government will also give careful consideration to the calls for another judge-led inquiry and will update the House within 60 days of publication of the reports.

I would like once again to reassure the House that the Government do not participate in, solicit, encourage or condone the use of torture for any purpose. We can and should be proud of the work done by our intelligence and service personnel, often in the most difficult circumstances. It is right that they should be held to the highest possible standards, and I am confident that the changes we have made in recent years will allow us both to protect our national security and to maintain our global reputation as a champion for human rights across the world.

[Mr Clarke]

We need robust and effective intelligence services to protect our national security, and I am sure we are all grateful to those who carry out this work and do it for us. I welcome the Minister’s reiteration of our opposition to torture and our acceptance that good but robust standards must be maintained. In the light of that, however, I would like to know why the Intelligence and Security Committee was stopped from completing the report, on which he himself had been working, when it had already uncovered the unacceptable situation of a large number of cases of British complicity in torture, mistreatment and hijacking of people to Guantanamo Bay and to Libya?

The Committee reached the stage at which it wished to call witnesses directly involved. As it makes clear in its own report, it reached the stage at which it wanted

“to examine certain matters in detail, which could only be done by taking evidence from those who had been on the ground”.

The Government denied that, and the Committee felt it had no alternative but to stop its work. Why was that done, and what are we trying to cover up of what was done during the time of the Blair Government?

The judge-led inquiry was set up in 2010, to wide welcome, and Sir Peter Gibson produced a report that established more than 20 important questions that we all agreed should be answered. The inquiry had to be suspended—brought to an end—in 2012 while we waited for the police investigations on Libya to finish. As Justice Secretary at the time, I announced the delay to the House. I said:

“It will then be possible for the Government to take a final view as to whether a further judicial inquiry still remains necessary to add any further information of value to future policy making and the national interest.”—[Official Report, 19 December 2013; Vol. 572, c. 916.]

We had actually guaranteed earlier that the inquiry would be resumed, which was welcomed across the House. It was suspended so that the ISC could start, and then the suspension was put in place, under the terms I have just read out.

It is quite obvious that, as the ISC had not finished its work under the previous coalition Government—I spoke with the full authority of the then Prime Minister and the whole Government, including the current Prime Minister, who was then Home Secretary—we would have considered it necessary to appoint a fresh judge-led inquiry, as the ISC has been frustrated from going any further. Therefore, what reputable reasons do the Government have for not holding an inquiry? I am glad that the Minister has said that a judge-led inquiry is still being considered, and I hope that a prompt announcement will be made that such an inquiry will now follow.

[Sir Alan Duncan]

I am grateful to my right hon. and learned Friend. As he rightly says, he was the Minister who made statements to the House on whether there should be a judge-led inquiry. Indeed, as Justice Secretary, he made a statement in January 2012, and as Minister without Portfolio, he made a further statement in December 2013. In the further statement, there was a slight measure of doubt about whether there would indeed be a judge-led inquiry. He said:

“It will then ​be possible for the Government to take a final view as to whether a further judicial inquiry still remains necessary”—[Official Report, 19 December 2013; Vol. 572, c. 916.]

That remains the case. As I said earlier, the Government will give careful consideration to whether a judge-led inquiry is necessary.

I say again to my right hon. and learned Friend that this inquiry has gone on for very many years—his statements about the judge-led inquiry were made in 2012 and 2013, and here we are in 2018. I take issue with his use of the word “complicity”, which I think was a notch too strong. I think that it is honest to say that the ISC found no evidence that agencies had deliberately turned a blind eye.

Perhaps the main issue here is whether in our intelligence agencies it would be right, 15 years after the event, to take someone who was then a junior operative in the field and put them in front of a judge-led inquiry. It is senior people who should take responsibility. Whether someone who was then of a lower rank should be subjected to such an inquiry 15 years later is, I think, one of the serious question that must be asked before a decision is made.