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Extraordinary Rendition

rose to ask Her Majesty’s Government what arrangements have been made to enable the refuelling at military airfields of civilian aircraft with passengers destined for extraordinary rendition. The noble Lord said: My Lords, at the outset I thank all noble Lords who have waited to speak on this Question. It is an emotive subject that requires objective examination. In particular, I wish to thank the noble Baroness, Lady D’Souza, but for whose courageous initiative the Question would not have been tabled, and the noble Lord, Lord Triesman, who has other pressing duties, for taking the Question at this time. As there is a well grounded concern and a high level of suspicion that these arrangements are used for extraordinary rendition, resort is had to the advisory role of your Lordships’ House to seek to persuade that some measures of safeguard be taken as are to be proposed. If they should commend themselves to your Lordships, the hope is that they should also commend themselves to Government. This is an exercise of persuasion, not of confrontation with Government. I speak at no one’s behest, and declare an interest as a member of the Joint Committee on Human Rights, which was informed that the Foreign Secretary was not aware of the purpose of these arrangements. That, of course, is accepted as an assurance on the part of Government. Why were the Government not informed of the purpose? Could it be that these arrangements were the offspring of a private arrangement—a compact—to seal the purpose that Government made in the wake of the 9/11 disaster? Was that compact to be denied at all costs, never to be disclosed, perhaps the hidden key to open the gateway to the explicable, if this was also classified for non-disclosure by the CIA? Such assumptions can be made only if there is no other explanation. As yet, there is none. I turn to the proposed safeguard measures—first to withdraw clearance for the landing of these flights for transfer under these arrangements and then to set up an investigation that protects terrorism intelligence and sources, perhaps under the aegis of the noble Lord, Lord Newton, or the noble Lord, Lord Carlile of Berriew. I am afraid it would appear that the United States would not attend any such investigation. The essence of the findings of the report by Amnesty International on 4 April and 14 July is that civil aircraft on charter to the CIA, with people on board selected for transfer by the CIA to a series of highly suspect destinations, are permitted to land and refuel at our civil and military airfields in the United Kingdom under these arrangements for the purpose of extraordinary rendition. The voting list on an amendment to the Civil Aviation Bill tabled by the noble Baroness,Lady D’Souza—I am delighted to see the noble Lord, Lord Davies of Oldham, in his place, because he had charge of the debate on that occasion and very generously conceded that it was for the House to decide these matters—reflects the cross-party support of 58 noble Lords, who made the compelling assumption that these aircraft were used for extraordinary rendition, even though the amendment was defective. The noble Lord said it was, which I accept for other reasons—the evil not being in the state of the law sought to be enforced. This was revisited during consideration of the Police and Justice Bill. The evidence of Lieutenant General Brims to the Joint Committee on Human Rights in open session appeared to accept that planes landed here with people aboard for transport, but that there was no evidence at all that the purpose was for extradition under these arrangements. In an agreed transcript of other evidence from 27 March, it was stated that the Foreign Secretary had made it plain that there is no, "““evidence to show that there are people on board those planes which do land here who are being transferred for the purposes of extraordinary rendition””." May I respectfully ask one or two question of the Minister, a veritable master of explaining the inexplicable? I am not certain that it will be possible for the Minister to answer. Why was clearance given to some of these planes to land at military airfields in the UK? I am delighted to see a Minister from the Department for Transport in his place, because the object is to close clearance for these planes and that lies within the aegis of the noble Lord. Is it accepted that the Department for Transport instructed the CAA to give clearance for aircraft identified as on charter to the CIA to land at civil and military airfields in the UK? Did the Foreign and Commonwealth Office so instruct the Department for Transport and, if not, at whose behest were such instructions given? Why were such instructions given without knowledge of the purpose of the arrangements? Was any attempt made over five years to discover the purpose of 185 flights?