National Security Bill

Lord Macdonald of River Glaven Excerpts

Committee stage
Wednesday 11th January 2023 Lords Chamber

I hope that the Minister, in responding to this debate, will be clearer than at Second Reading. I think that the justification the Government have provided is not strong enough. The expansions are far too strong. There are concerns that this would provide immunity, and there is a lack of risk assessment, for some of the serious crimes that I indicated. The preference would be for the whole clause to be taken out—I agree with the noble Lord, Lord Coaker, on our contention that the clause should not stand part—or at the very least for the Government to be very clear with regard to the interaction on the very serious offences outlined in my amendment. I beg to move.

[Lord Macdonald of River Glaven (CB)]

Before the noble Lord sits down, I just wonder whether he considers that there may be a difference between intentional killing, on the one hand, which may or may not be wrong, depending on the circumstances and context, and torture and sexual violation on the other, in respect of which it is very difficult to conceive that they could ever be right. Does he think that there may be a distinction?

[Lord Purvis of Tweed (LD)]

I understand the case. The Consolidated Guidance to Intelligence Officers and Service Personnel does not make the distinction. It does make the distinction that there is a lack of clarity when it comes to cruel, inhuman and degrading treatment and punishment. Our definitions of that may differ from those of some of our allies, or of others we are working with. For the other two areas, there is no distinction as provided for under the consolidated guidance. Indeed, the risk assessment criteria that all officers currently have to operate under—the checklist that exists within the guidance that they have to go through before entering into any of the security work with agencies—include all of these areas, including where senior personnel and legal advisers conclude that there is risk of torture or CIDT, and also lawful killing. This is in addition to what authorisations under the ISA may bring about.