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Armed Forces: Detention

My Lords, I join the Government in sending condolences from this House to the family and friends of those who have died in the service of their country. I thank the Minister for repeating the Statement. We on these Benches share the view that in the absence of local agencies with the capacity to enforce security and the rule of law, we must provide our Armed Forces with the authority and the capabilities to deal effectively with individuals who represent a serious threat to our troops and law-abiding citizens. Detention operations undertaken by our forces must, as the Minister made clear, be in accordance with our legal obligations and policy objectives. The Statement notes that we have various Memoranda of Understanding with international partners that underpin detention operations in Iraq and Afghanistan. What legal authority and force do the MoUs have? In 2005, the Intelligence and Security Committee published a report on the handling of detainees. One of the committee’s recommendations was, in our view, important; it said that, "““UK authorities should seek agreement with allies on the methods and standards for the detention, interviewing or interrogation of people detained in future operations””." Are the Government satisfied that the MoUs that are now in place meet that recommendation? The Government’s Statement corrects the parliamentary records relating to detention operations in Afghanistan and Iraq. Some serious errors in data capture were made by the Ministry of Defence, and I note the Government’s apology for that. Why were the mistakes made? What procedural changes—this is the more important point—have been made to ensure that the MoD’s future records of detention are accurate? Much of the Statement concerns the transfer of two members of Lashkar-e-Taiba to Afghanistan in 2004, following their capture by British forces and subsequent transfer to US forces. The account given to us today contradicts assurances given by the then Foreign Secretary in February 2006, that he was unaware of any transfers to US forces. We now know that officials were aware of these cases in 2004, and that they were referenced in papers sent to the Home Secretary and Foreign Secretary in 2006 before he delivered his assurances. It would be helpful to know why officials did not make Ministers aware of the error they had made in 2004 and why it has taken so long for the Government to correct themselves. What changes have been made to ensure that, in future cases where the Government should question the transfer of detainees, Ministers are made aware of the situation immediately? Although the Government have corrected mistakes in information already given to Parliament over the MoD’s records of detention, I am concerned that the Government have not provided your Lordships’ House with details on those individuals captured by UK forces in areas outside Multinational Division (South East) in Iraq. These were people who were subsequently detained by the United States. The Statement says that the Government, "““do not intend to provide any further details””" on the individuals who were captured outside that area and transferred to the US. Surely, though, that is to gloss over the main issue. Many in your Lordships’ House will, I am sure, be aware of allegations by a former member of the SAS, Ben Griffin, that British forces were involved in operations to seize terror suspects to be handed over to American forces for extraordinary rendition. These alleged operations would have taken place outside Multinational Division (South East). Ben Griffin made a significant charge against the UK. Before he was injuncted by the Government, he said: "““Throughout my time in Iraq I was in no doubt that individuals detained by UKSF””—" UK special forces— "““and handed over to our American colleagues would be tortured””." He made allegations that they had witnessed brutal interrogations that involved the use of torture by such methods as drowning and the use of an electric cattle prod. These are serious allegations which the Government must be prepared to answer. Detail about official and ministerial oversight about two specific men is fine, but the Government must now complete the story. We do not have the necessary context and background information to put these allegations to rest. I am sure I speak for your Lordships’ House when I say that we do not want Statement after Statement. The Government must make a clean breast of it rather than dribbling out the truth. Do the Government ever intend to publish data on persons captured outside MND (South East), which is the area we are talking about, and transferred to the US? If that is the Government’s intention, when can your Lordships’ House expect to receive the information? Why have the Government not published the actual review of the procedures the Armed Forces have in place to ensure that detention operations and transfers were, and are, in line with this country's legal obligations and policy objectives? A number of serious questions remain outstanding to which I hope the Minister will be able to provide answers.