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Extraordinary Rendition

My Lords, I offer my congratulations to the noble Lord, Lord Campbell, on securing this important debate and on his patience tonight in waiting for the starting signal. I confess that I was puzzled by the wording of his Question, since I hope that no such arrangements as he describes have been made, but he has now resolved my puzzlement. As the noble Lord said, this is part of an ongoing series of debates, beginning with the Civil Aviation Bill, proceeding in Committee with the Police and Justice Bill and no doubt continuing into the future. Our time today does not permit an exhaustive argument. The noble Lord opened the case with his customary clarity. In any event, it would serve no purpose for me to repeat what has been said on previous occasions. However, the noble Lord has afforded an opportunity to examine one issue that has arisen repeatedly. The Government have not sought to deny that the airspace and airport facilities of some European states have been used or, rather, abused to render prisoners in the custody of the CIA to countries where they were at risk of torture. The evidence is overwhelming, as the noble Lord, Lord Campbell, has explained. I am sure that the Government would not be privy to any such practice in this country, but the question is whether they are in a position to know what is happening. The Government say that no special legislation is necessary here, because there is already power for the police to enter and search aircraft using United Kingdom airport facilities. On 4 July, in the debate in Committee on the Police and Justice Bill, my noble friend Lady Scotland sought to argue that case. I apologise at once to my noble friend Lord Triesman for springing this on him—I had not appreciated that he would be responding to the debate and I do not expect an answer to some of my questions this evening. My noble friend Lady Scotland mentioned Sections 8, 17 and 23 of the Police and Criminal Evidence Act. Section 23 simply states that the word ““premises”” in the Act includes aircraft. Section 8 provides that a justice may authorise a search if there has been a serious arrestable offence and thereis likely to be relevant material on the premises.Section 17 authorises a constable to enter premises for a number of purposes, the principal one being to make an arrest. My noble friend also mentioned Part III of the Aviation Security Act. As I read it, that does not add any new powers to those that the police already have. My noble friend accused me of not having identified a gap in the existing powers. I can identify a substantial gap. If there is reason to believe that someone has been lawfully arrested in the jurisdiction in which he was taken aboard the aircraft but it is now planned to take him to a destination where he is likely to be tortured, I am not clear under which of the provisions mentioned by my noble friend power is granted to the authorities to search the aircraft. It may be that the noble Lord, Lord Kingsland, has given some thought to this matter and can perhaps assist. My noble friend Lady Scotland was kind enough to respond to my suggestion that we could analyse this matter in a private meeting. It is no one’s fault that that has not taken place. However, perhaps in his reply my noble friend can at least assure us that if the Government are persuaded in due course that there is a question about the existence of adequate powers, he will press the Government to seize an early opportunity to rectify the matter by way of legislation; and I realise that it does not lie entirely in his gift. It would be tragic if we permitted someone to be subjected to torture by an oversight.