Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, how his Department monitors the compliance of the intelligence and security agencies with the Consolidated Guidance to Intelligence Officers and Service Personnel.
Answered by Tobias Ellwood
Compliance with the Consolidated Guidance is monitored by the Intelligence Services Commissioner, a former high court judge who has independent judicial oversight of the conduct of the Intelligence Agencies. On November 27 the Prime Minister, my right hon Friend the Member for Witney (Mr Cameron) gave direction under section 59A of the Regulation of Investigatory Powers Act 2000 placing the Commissioner’s work on a statutory footing. The Intelligence Services Commissioner reports annually to the Prime Minister and publishes a public report.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, by what process improvements in the intelligence and security agencies' record keeping is monitored and evaluated by the Intelligence and Security Committee.
Answered by Tobias Ellwood
The Security and Intelligence Agencies are continually reviewing their record-keeping processes to ensure that they meet the developing challenges of the digital age. The Prime Minister, my right hon. Friend the Member for Witney (Mr Cameron) committed to publishing a full response to the Intelligence and Security Committee’s recommendations in the New Year (Hansard 25 Nov 2014 Col 751), including those recommendations related to record-keeping.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, whether his Department has provided training to members of the intelligence and security agencies on investigating allegations of mistreatment of detainees.
Answered by Tobias Ellwood
I refer my honourable friend to the answer given on 12 January in PQ219956.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what protocol the intelligence and security agencies follow to investigate allegations of mistreatment of detainees held abroad in foreign custody.
Answered by Tobias Ellwood
The protocol the intelligence and security agencies follow to investigate allegations of mistreatment of detainees held abroad in foreign custody are set out in the Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Related to Detainees.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what steps the Government took to strengthen formal oversight of US use of Diego Garcia after the disclosure in 2008 that two US rendition flights had refuelled there in 2002.
Answered by David Lidington
My honourable friend refers to the US Government’s disclosure in 2008 that, contrary to earlier assurances, two flights carrying a detainee landed and refuelled on Diego Garcia in 2002. Following this disclosure, the US Government assured Her Majesty’s Government that these had been the only two cases and that there would be no future transfer of detainees through the UK, its airspace or Overseas Territories without express permission; and stated that, should there be any doubt as to whether any operation falls outside the Exchange of Notes that govern the use of Diego Garcia, the US Government would consult the UK Government. Since that time, Her Majesty’s Government has sought regular reassurance from the US Government, including by means of annual political-military talks between senior officials, that all previous assurances on transfer of detainees provided by the US Government since 2008 remain valid and correct. In addition, the Officer in Charge of the United Kingdom Service elements in Diego Garcia, a senior Naval Officer, is routinely informed of all ship and aircraft movements.Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, how the Government exercised its formal oversight of US use of Diego Garcia between 2001 and 2008.
Answered by David Lidington
As my honourable friend is aware, use of the defence facility in Diego Garcia is governed by the Exchange of Notes between the UK and US, which places treaty obligations on both parties. These Notes provide that, as regards the use of the facility in normal circumstances, the US Commanding Officer and the Officer in Charge of the United Kingdom Service element shall inform each other of intended movements of ships and aircraft. In other circumstances, they provide that the use of the facility shall be a matter for the joint decision of the two Governments. Oversight of US activities between 2001 and 2008 was thus exercised: through the exchange both of routine information, via the Governments’ representatives in Diego Garcia; and, where non-routine matters were concerned, through regular dialogue between the two Governments, including by means of annual political-military discussions between senior officials.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, with reference to the Answer of 17 November 2008 to the hon. Member for Kingston and Surbiton, Official Report, columns 191-2W, on Diego Garcia: detainees, how many people were detained in the prison on Diego Garcia in each year from January 2002 to January 2009; and for what reasons and for how long each such person was detained.
Answered by Lord Swire
The main purpose of the UK detention facility on Diego Garcia, commonly known as the reception centre, is to hold illegal fishermen caught in the Territory's waters. It was opened in 2007. BIOT Administration records show that between the point of it opening and January 2009, only one person has been imprisoned there for a period of 10 days during 2008 for an offence of assault. In September, the Foreign and Commonwealth Office released information following a Freedom of Information Act request which showed that a number of Sri Lankans were also held during the period he asks about, for offences related to illegally fishing in BIOT waters. These were held in the police station which is located next to the reception centre.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, with reference to the Answer of 20 November 2008 to the hon. Member for Kingston and Surbiton, Official Report, column 748W, on Diego Garcia: detainees, how many people were detained in the US detention facility on Diego Garcia before 2007; and for what reason.
Answered by Lord Swire
The US have informed us that US military personnel are held in these holding cells in accordance the United States Uniform Code of Military Justice. UK authorities do not maintain records of these detentions.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, with reference to the Answer of 20 November 2008 to the hon. Member for Kingston and Surbiton, Official Report, column 748W, on Diego Garcia: detainees, for how many years the US detention facility was open; and for what reasons the US detention facility was decommissioned.
Answered by Lord Swire
The US have informed us that holding cells were used to house US military personnel in accordance with the United States Uniform Code of Military Justice. The US has confirmed that it built these in 1984 and decommissioned them in 2007. UK authorities do not hold information as to the reasons for the US decision to decommission their holding cells.
Asked by: Lord Tyrie (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, with reference to the Answer of 20 November 2008, Official Report, column 748W, on Diego Garcia: detainees, how often and for what purpose UK officials visited the US detention facility on Diego Garcia when it was operational.
Answered by Lord Swire
It is entirely possible that UK military personnel visited the building in which the holding cells were located during the course of their normal duties, given the fact that Diego Garcia is a joint military facility, and the building was accessible to UK personnel. The US have told us that, when the holding cells were operational, they held US military personnel in accordance with the United States Uniform Code of Military Justice. No records were kept of any possible UK visits to the cells.