Ken Clarke questions the Government over its guidance on detainees

The chair of the APPG on Extraordinary Rendition, Ken Clarke MP, has asked the Government for an update on its review of the Consolidated Guidance on Detainees.

He asked the Foreign Office what progress the Government had made on its review of the Guidance, and which bodies it planned to consult. Sir Alan Duncan MP, a Foreign Office minister, responded that the work had “been taken forward”. He said that intelligence agencies and other departments had been “fully involved”, and that the Government would consult the Intelligence and Security Committee.

The Government agreed to carry out a review of the Guidance, in response to recommendations made by then-Intelligence Services Commissioner, Sir Mark Waller, in September 2016. The Commissioner highlighted a number of areas where the Guidance could be improved, including a lack of clarity on its application to mistreatment that takes the form of unlawful arrest or detention, as opposed to torture.

Ken Clarke also asked whether the Government would issue a direction to place the Investigatory Powers Commissioner's oversight of the Guidance on a statutory footing. The Cabinet Office responded that it would not be able to answer the question within the usual time period.

Read the Intelligence Services Commissioner’s full recommendations here.