Detainee Mistreatment: Judge-Led Inquiry

Part of the debate – in the House of Commons at 3:41 pm on 15th July 2019.

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Photo of David Lidington David Lidington Chancellor of the Duchy of Lancaster, Minister of State (Cabinet Office) 3:41 pm, 15th July 2019

I disagree with the hon. Gentleman in his assertion that little has changed. There have been important statutory changes in the Justice and Security Act 2013 and the Investigatory Powers Act 2016. There have been important changes in the powers of the Intelligence and Security Committee, and in the statutory basis of the Investigatory Powers Commissioner, and in the practice that Ministers must be consulted whenever an intelligence officer involved in a planned operation believes that a detainee is at risk of mistreatment by a foreign state. That obligation applies even when consulting a Minister might be thought to lead to a risk of a terrorist act succeeding. The rules are much stricter than they once were.