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Civil Aviation Bill

Yes, my Lords, but it would be sufficient that they were escorting an individual to such a potential fate, if there was a reasonable suspicion that that is what was being carried out. That is the point that I am trying to emphasise. The wider issue of the transportation by air of persons deprived of their liberty was addressed in the recent investigation and report by the secretary-general of the Council of Europe. Her Majesty’s Government provided a full response to his inquiry, including information on the powers that we already have. That is available on the Council of Europe website. The secretary-general’s report, issued on 1 March, acknowledged that the United Kingdom had provided full answers to all the questions put. The secretary-general plans to make proposals, including a review of the current international legal framework for air traffic and the adequacy of safeguards to ensure that aircraft are not used for purposes incompatible with internationally recognised human rights standards. Since Report, we have also had the opinion of the Venice Commission, the European commission for Democracy through Law, which was requested by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe. That opinion describes in some detail the general principles of civil aviation relevant to the allegations of rendition. No doubt, that will inform the further work of the Council of Europe. Of course, the UK will work closely with the Council of Europe on its proposed review. As we are here dealing with international law, the House will recognise that any change will be more appropriately made on a multilateral basis. We therefore prefer to wait for the proposals promised by the secretary-general and, if it appears that any changes to current arrangements are needed, to consider them in the appropriate international fora. I turn to the question of our ability to implement the new clause. I understand that this is a highly emotional topic.  It is very important and I recognise the strength of feeling that enthuses all those who have spoken in this debate. But this is an amendment to this Bill. Therefore, I emphasise that it is important that we consider what the new clause would mean in the Bill in the real world. The simple practicalities of forcing a plane to land make the clause all but symbolic.  A typical scenario for a jet aircraft might be that it was in United Kingdom airspace for up to two hours. If intelligence came to light indicating unlawful activity on that aircraft, it is unlikely that the intelligence services would be able to assess the quality of that intelligence for reliability and recommend action in such a short period. When the noble Baroness, Lady D’Souza, moved her amendment on Report, she said that an aircraft should be made to land even if it was ““slightly suspected”” that an unlawful rendition was taking place. As I said then, forcing an aircraft to land in British airspace is an act of such drama and difficulty that we would need a much higher threshold than that. To warrant such a dramatic intervention—to require an aircraft to land under some compulsion of force—would be a very serious act by this or any government. We would be liable to pay compensation if an error had been made and an aircraft had been forced down unjustifiably. I reiterate the Government’s position on the allegations that have prompted the new clause, just for clarification. The noble Lord, Lord Lamont, who participated in our debate for the first time, also emphasised those allegations, and I shall respond to him. I am somewhat dismissive of the scenario outlined by the noble Lord, Lord Campbell of Alloway. This is not an area in which conjecture will do as the basis for our debate. The reality is this. We have made clear to the United States’ authorities, including in recent months, that, first, we expect them to seek permission to render detainees via UK territory and airspace, including any overseas territories. Secondly, we will grant permission only if we are satisfied that the rendition would accord with UK law and our international obligations. Thirdly—this is a point on which the noble Lord, Lord Lamont, pressed me—we have emphasised to the United States how we, the British Government, understand our obligations under the United Nations convention against torture and the European Convention on Human Rights. In turn, we are clear that the US would not render a detainee through UK territory or airspace, including overseas territories, without our permission. I recognise the opportunities that have been taken in this somewhat humble Bill to discuss such a significant matter. The opportunity has been seized by the noble Baroness, Lady D’Souza, and those who supported her, to air an issue about which we are all very concerned. It has disturbed Her Majesty’s Government greatly during the past two months and rendered those of us speaking on their behalf just before Christmas in a very difficult position on something about which the Government knew very little at the time and was clearly having to carry out significant research. That is why answers to Parliamentary Questions and Statements have been delayed—not through any attempt at obstruction but simply because the research had to be conducted on an issue on which, it will be recognised, is not part and parcel of the normal operation of government and certainly not part and parcel of the normal operation of the humble Ministry for Transport. To conclude, however well intentioned, the clause would serve no practical purpose, as the necessary powers to require an aircraft to land and then to enter and search it to ascertain whether a crime had been committed already exist in our national law. Any changes to international law that may be identified as desirable—I have mentioned that discussions about that continue—would certainly be best dealt with through the appropriate international fora. We have had an important debate. I hope it will be recognised that I have responded to the issues that have been raised as fully and clearly as I can, although I have no doubt that many of them go far beyond the responsibilities of the department. I also hope it will be recognised that the new clause would not add to the Bill any powers that we do not already enjoy to deal with extraordinary rendition, which Members on both sides of the House regard as abhorrent.