Nia Griffith
Main Page: Nia Griffith (Labour - Llanelli)Department Debates - View all Nia Griffith's debates with the Ministry of Defence
(4 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Penny Mordaunt
I thank my right hon. Friend for applying for this urgent question. It is a critical issue. I agree 100% with what he said, and it is worth reminding ourselves that these laws and norms protect not just the enemy but our own armed forces. We cannot overrule the law, nor can Ministers be advised to overrule or disregard the law.
As I said, we have an opportunity to review the matter. I want to wait until the commissioner’s advice has been received. I understand that will take only a few weeks, so I will update the House as we review our guidance.
I understand that following a freedom of information request one of the policy iterations has been placed in the public domain. The latest iteration, from 2018, introduces not any substantial changes but a minor change at the request of the IPCO. These matters should receive the full light of day and full transparency. If my right hon. Friend will bear with me, once I receive the advice I will of course update the House on these important issues.
Nia Griffith (Llanelli) (Lab)
Today’s revelations that the MOD has discreetly rewritten Government policy on torture are extremely concerning. Torture is not only morally reprehensible but prohibited under international law in the universal declaration of human rights, the international covenant on civil and political rights, and the convention against torture.
There can be no justification whatsoever for torture. None the less, today’s reports suggest that, according to the Ministry of Defence, torture is acceptable if, and I quote from the policy document,
“ministers agree that the potential benefits justify accepting the risk and the legal consequences that may follow”.
Will the Secretary of State confirm what the Government consider those “potential benefits” to be?
In response to the reports, the MOD has denied any wrongdoing, maintaining that the
“policy and activities in this area comply with the Cabinet Office’s consolidated guidance”
on torture.
However, that guidance clearly sets out that
“in no circumstance will UK personnel ever take action amounting to torture”.
It further maintains that where the Government cannot mitigate the
“serious risk of torture at the hands of a third party”,
the
“presumption would be that we will not proceed”.
Will the Secretary of State therefore clarify how her Department has come to its conclusion? What legal advice has it received? Will she now publish this advice, if any?
We understand that the policy came into effect in November 2018. How many times since then has a Minister decided to authorise the transmission of intelligence that may have led to torture? No Minister should authorise any action where there is a serious risk of it leading to torture. Will the Secretary of State therefore now do the right thing and commit to scrapping the policy immediately, so as to ensure that basic human rights and international law are universally respected and upheld?