Immigration, Asylum and Nationality Bill

moved Amendment No. 26:"Page 16, line 18, leave out paragraph (b)." The noble Lord said: My Lords, Amendment No. 26 deals with Clause 32 on passenger and crew information and police powers. We define this very much as a rendition amendment. Much of the discussion has taken place in the other place. One of the difficulties that we have faced in recent times is the words that repeatedly cropped up there, extraordinary rendition, which is the covert, involuntary transfer of individuals—commonly terrorist suspects—between one country and another. In particular, extraordinary rendition refers to the alleged US practice of rendering terrorist suspects to countries—usually Middle Eastern or Asian states such as Egypt, Morocco or Jordan—where they are subjected to torture or other mistreatment to obtain information. The Minister looks puzzled about why I am talking about that. I am simply setting the background of the purpose of the amendment. Since we have not been able to get any further with this matter, particularly in relation to questions being put to the Foreign Secretary, it is right and proper that we have a system in this country when we give police powers to be able to seek such information that it is systematically collected. Will the e-borders system being set up by the Immigration, Asylum and Nationality Bill monitor as a matter of course all flights in and out of the United Kingdom, both civil and commercial? A specific reason for collecting routine data from private jets as well as commercial airlines is that private aircraft are alleged to have been used by the CIA to transfer prisoners illegally and for the purposes of subjecting them to interrogation methods including torture and/or inhuman and degrading treatment. British police forces have a positive duty to investigate allegations that such flights have touched down in the United Kingdom, because if that is proved to be the case there would be an obligation on them to intervene and make arrests to prevent an illegal act taking place. We would welcome assurances that passenger details will be required from all flights, including those that touch down only for refuelling, so that investigations can take place where appropriate. It is currently not clear what information is required from private aircraft landing in the United Kingdom. It may be that no record exists for non fee-paying passengers on those flights, or that records are not kept when the plane is simply landing for the purpose of refuelling. Will the Minister clarify the way in which the current rules operate? What information is currently required from non-commercial charter flights, including those where the aircraft is carrying neither fee-paying passengers nor cargo, and where the aircraft is simply landing briefly for the purposes of refuelling? Where is that information held, and for how long is it held? That would go a long way in terms of giving some information on some of the practices that we all condemn. I beg to move.