Consolidated Guidance goes to the Prime Minister

The Investigatory Powers Commissioner, Sir Adrian Fulford, confirmed on Friday that his review of the Consolidated Guidance had been submitted to the Prime Minister. Sir Adrian expressed his thanks for "the significant amount of work and enormous assistance I have received from our internal and external stakeholders in completing this task." The Prime Minister's response to the proposed revised Guidance is now awaited.

You can find the IPCO's statement here; and the APPG's response to the consultation on the Guidance here.

MoD guidelines challenged

APPG Member David Davis challenged ministers through an Urgent Question over Ministry of Defence guidelines that appear to give ministers discretion over whether to approve information sharing that could be linked to torture.

Documents released under a Freedom of Information Act request by Dr Sam Raphael, Co-Director of the collaborative research initiative The Rendition Project, include MoD guidelines which state that information sharing should not proceed where there is a risk of torture "unless ministers agree that the exceptional benefits justify accepting the risk and the legal consequences that may follow." David Davis argued that this paragraph "presumes that Ministers can overrule the law, even international law, including that on absolute rights such as the prohibition of torture."

In response, the Defence Secretary, Penny Mordaunt, insisted that the Government's position was one of robust opposition to torture, and that once the review by the Investigatory Powers Commissioner of the Government's Consolidated Guidance on overseas detainees was completed and published, internal MoD guidance could be reviewed aC ordinary. She added that she expected the Commissioner's review to be completed and considered by the Government shortly: "I anticipate that this will be a matter of weeks." This was a much more definite response regarding the publication of the review of the Consolidated Guidance than that given in answer to a Parliamentary Question by APPG Treasurer Lord Hodgson in April.

In the course of the debate, a number of MPs, including APPG member Andrew Mitchell, pressed the Secretary of State on the failure to pursue a judge-led inquiry into extraordinary rendition, now some 323 days (and counting) since the release of the Intelligence and Security Committee's report. On this, however, the new Secretary of State declined to be drawn.

See the Urgent Question and resulting debate here.

UN Committee adds to calls for inquiry

In a new report (the sixth periodic report on the UK, covering a wide range of issues), the UN Committee Against Torture has urged the British Government to initiate its long-promised judge-led inquiry into extraordinary rendition. Citing the further revelations in last summer's reports by the Intelligence and Security Committee (ISC), the Committee urges the Govenrment to "establish without further delay an inquiry on alleged acts of torture and other ill-treatment of detainees held overseas committed by, at the instigation of or with the consent or acquiescence of British officials." It expresses concern that the inquiry has not so far been initiated, "despite previous assurances to this Committee."

Its promises of a speedy response at the time of the ISC report, and calls from bodies such as the UN Committee, the Council of Europe, the APPG and NGOS for the inquiry notwithstanding, the government says only that it "continues to give serious consideration" to the need for it. 

 

 

Foreign office criticised over scrutiny of UK spy agencies

APPG Chair, Ken Clarke, is quoted in the today's Financial Times on concerns over the lack of challenge by the Foreign Office when signing off possible unlawful action by UK spy agencies overseas.

The Financial Times article is in response to the recent annual report published by the Investigatory Powers Commissioner's Office. Ken Clarke said: “ It is extremely important that the secretary of state takes this role seriously and scrutinises adequately and in some detail what he or she is being asked to authorise.  Over successive governments some ministers have acted conscientiously and properly but others have tended to sign off whatever is presented to them.  It must not be left to the practices of individual ministers to ensure confidence in the authorisation process.”

The article draws a link back to the UK’s role in the so-called “war on terror”, where ministers did not sufficiently question the agencies.

The full article is available here

Financial Times

 Investigatory Powers Commissioner's Office. 

APPG holds AGM, welcomes new members

The APPG today held its AGM and welcomed the following new members: Imran Hussain MP, Richard Graham MP, Dr Matthew Offord MP and Rt Hon Stephen Timms MP.

APPG founder Rt Hon Lord Tyrie was appointed as Co-Chair, with Rt Hon Ken Clarke MP remaining as Chair. 

Read the AGM minutes here.

Ken Clarke: Government response to Intelligence and Security Committee reports on rendition "an exercise in evasion"

APPG Chair Ken Clarke has today criticised the government’s attempt to bury its response to the Intelligence and Security Committee reports into detainee mistreatment and rendition.

UK spy agencies knew source of false Iraq war intelligence was tortured

Middle East Eye reveals today that British intelligence agencies fed questions to the interrogators of a captured terrorism suspect whom they knew was being seriously mistreated in the aftermath of the 9/11 attacks, and ministers then relied upon his answers to help justify the 2003 invasion of Iraq.

UK anti-torture policy 'unfit for purpose', says APPG

As covered in today's Financial Times, the APPG has responded to the public consultation on the UK's anti-torture policy, by calling the policy 'unfit for purpose and insufficient to prevent a repeat of UK involvement in rendition and torture.'