UK Involvement in Rendition

Keith Simpson Excerpts

Wednesday 29th June 2016 Commons Chamber

[Mr Carmichael]

I certainly agree with the hon. Lady and I think she will find that the Chairman of the ISC himself has said that he sees the need for a measure of reform there.

[Mr Keith Simpson (Broadland) (Con)]

I am a member of the ISC and I am sure that the right hon. Gentleman would accept the fact that we are in the midst of a major investigation into rendition. There is nothing that we cannot see. There is no one within the Government or the agencies, past or present, whom we cannot question. The only restriction, of which the hon. Member for Llanelli (Nia Griffith) will be aware, is that, by the very nature of our Committee, the questioning of the agencies themselves has to be done by us; otherwise they would not appear. However, I can assure him that our Committee is following every line that he and others are raising.

[Mr Carmichael]

Of course, I take the right hon. Gentleman’s assurance—indeed, I have to because there is not an awful lot else that we can know about this. However, given the nature of the information that is now in the public domain about authorisation or the request for authorisation from the suspect who has just been told by the CPS that he will not be the subject of prosecution, that is not something that it is appropriate for a Committee of this House to be doing. It is something that requires to be done by a body that is seen to be independent of Parliament and of party, as the Prime Minister himself said in 2010.

Beyond the matters about which I have spoken this evening, there are outstanding questions about the use of Diego Garcia for rendition flights. The same batch of documents discovered by Human Rights Watch included CIA flight plans that indicated that the US intended to use Diego Garcia as a stop-over. Will the Minister tell the House why the Government continue to block the release of flight records that could settle once and for all the extent of the use of that territory for rendition? Then there is the reported letter from the then head of MI5 to the Prime Minister complaining about what had gone on in Libya. Clearly, there is no shortage of material for an inquiry to be considering.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

I welcome this important debate and congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing it. He raises a number of serious issues about a matter in which I have a personal interest. As he is aware, I lost my brother in the Bali bombing and I understood that some of those involved in its planning were moved across the world in different formations, so I took an interest in this as a Back Bencher and continue to do so as a Minister.

Before going into the details of the subject, I will step back and look at what has caused a lot of questions to be raised about the style in which we deal with terrorism post-9/11. I am on record as saying that I believe the international community lost its way somewhat after 9/11. We were dealing with a new form of terrorism and extremism that we did not fully comprehend. I think that, in the desire to be seen to be doing something, the international community right across the piece ended up creating a new forum of justice that was not at all just by placing terrorists into parts of the world such as Guantanamo Bay where they could not receive the law of the land because it was not clear what the law of the land was, given the very land they were taken to. It is important that we learn the lessons of the past and ask why it was not correct that we should use procedures that had been in place over many years. Why did we feel the need to create something new about which we now look back on and say, “Actually, we did lose our way somewhat”?

I am therefore pleased that this debate has come forward. There are still questions being put. I will do my best to answer them, but the right hon. Gentleman will be aware that because a case is ongoing, I am limited in what I can say.

[Mr Keith Simpson]

I rise briefly to caution Members. This is the subject of a major ongoing investigation by the Intelligence and Security Committee, which is determined to find out who knew what and when. We have to be very careful about talking about “we” or any allegations that are made. Our Committee is following this through, with no fear or favour to anybody. The report will be published and then it will be very properly debated and questioned by the House.

[Mr Ellwood]

I have not gone into any detail, but my right hon. Friend makes a point that I shall develop later. The Committee has yet to produce its report and, until that happens, it would be wrong of the Government to comment. We will, of course, respond in full once the report has been published.

I want to outline Her Majesty’s Government’s position on rendition. The Government support the rule of law, and as the Prime Minister said today in response to a question from the right hon. Member for Orkney and Shetland, we oppose any form of deprivation of liberty that amounts to placing a detained person outside the protection of the law, including so-called extraordinary rendition. We also recognise that we face a serious, complex and diffuse threat from terrorism, and we should not forget that. The Government have a duty to protect British citizens from that threat, both at home and abroad. Our policy remains that individuals suspected of involvement in terrorism should be brought to justice whenever possible.

We should not make the mistake of thinking that all rendition is necessarily unlawful. The right hon. Gentleman described the word, but it has perhaps been taken out of context on occasion. Rendition may, in certain circumstances, be acceptable. For example, we would support the transfer of an individual to safety, from a place where there was no apparent legal framework, or if there was some other legal basis for the transfer, such as a United Nations Security Council resolution.

The Government remain committed to ensuring that allegations of UK complicity in alleged unlawful rendition and mistreatment overseas are examined fully. In July 2010, the Prime Minister announced an inquiry, led by Sir Peter Gibson, to consider whether the UK was implicated in the improper treatment or rendition of detainees held by other countries. The inquiry undertook extensive preparatory work. However, following the launch of a new police investigation, the Government closed down the inquiry in January 2012 as there was no prospect of it being able to start in the foreseeable future.

Rather than wait for the police to complete their investigations, the Government agreed with the Intelligence and Security Committee of this Parliament in December 2013 that that Committee would carry out its own inquiry. My right hon. Friend the Member for Broadland (Mr Simpson) has referred to that inquiry. It was decided that the Committee would consider the themes and issues that Sir Peter had raised in his preparatory work, take further evidence and report to the Government and to Parliament on the outcome. I hope my right hon. Friend will agree that the Government are co-operating fully with the Committee’s inquiry. My right hon. Friend the Foreign Secretary gave evidence to the Committee on 9 June. The Home Secretary and the agency heads have also given evidence.

I do not want to pre-judge the findings of the Intelligence and Security Committee—my right hon. Friend the Member for Broadland (Mr Simpson) has already pointed out the importance of avoiding that. Once the Committee has published its report and the outcome of the police investigations is known, the Government will be able to take a final view on whether it is in the interests of the country or of future policy making to hold another judge-led inquiry. I hope that answers the call of the right hon. Member for Orkney and Shetland.

I turn now to the specific cases of Mr al-Saadi and Mr Belhaj. The Government have co-operated fully with the police investigation into the cases of those two individuals, and we acknowledge the decision of the Crown Prosecution Service not to bring charges. The CPS has stated clearly the reasons for the conclusions that it has reached. It would be inappropriate for me to comment further, as separate civil proceedings are now under way, as the right hon. Gentleman knows. He looks poised to intervene, and I am happy to give way to him.