Baha Mousa Inquiry

Viscount Slim Excerpts

Thursday 8th September 2011 Lords Chamber

[Lord Astor of Hever]

My Lords, of course, I agree entirely with the noble Lord. The Army has been very open and transparent and we should congratulate it on that. The noble Lord said that this is a sad day for the Army. It is a very sad day for a small number of people who behaved outrageously. The Army should be congratulated on the very open and transparent way in which it has reacted. The noble Lord said that he was the Chief of the General Staff when the noble Lord, Lord Browne, set up the report. I compliment the noble Lord, who is not in his place, on setting up this very important report.

[Viscount Slim]

My Lords, I hope that noble Lords will not misunderstand me. My reading of this is that the behaviour was unforgivable, but we are not discussing the behaviour of professional interrogators. Interrogation is a subtle art. There is the problem of when discomfort becomes torture. If we were to introduce draconian legislation in relation to the interrogation processes and techniques that our professionals use, we would be in danger of hamstringing ourselves in obtaining the intelligence that is needed. We have to be very careful here because if we do not get the intelligence that we need—often time is of the essence—another of our airliners will fall out of the sky and a chunk of one of our cities or utilities will be destroyed. Certainly, if there is a threat of an action about to take place involving some chemical mixture which puts the population at risk, the interrogation teams, who are very professional—there are strict rules—must not be hamstrung so that they cannot get the relevant information. This is a very delicate subject but national security is paramount. Under the very careful rules that apply, we have to make certain that the interrogation system in our country gets the vital information that saves lives and stops terrorist and criminal activity.

[Lord Astor of Hever]

My Lords, the noble Viscount makes a very important point and I quite agree with him. The ability to seek and obtain intelligence from detainees is too important but we will always seek to ensure that it is done within the constraints of the Geneva conventions. The UK Armed Forces are at all times subject to English criminal law. MoD policy reflects applicable international law, including prohibitions on torture and cruel, inhuman and degrading treatment.