Policing and Crime Bill

My Lords, I apologise to my noble friend for rising too quickly. I say both to my noble friend and to the noble Lord, Lord Thomas of Gresford, that the amendment is unnecessary, but I join with them very strongly in their condemnation of torture and unlawful rendition. As the noble Lord, Lord Thomas of Gresford, has made clear, this issue has been debated extensively in your Lordships’ House on a number of previous occasions, particularly, as was mentioned, during the passage of the Civil Aviation Bill and the Police and Justice Bill in 2006. A similar amendment was also tabled at the Committee stage of this Bill in another place. The main thrust of the proposed new clause is to amend the Aviation Security Act 1982 to provide the Secretary of State with a specific power to direct an aircraft overflying the United Kingdom to land and be searched if it is believed to be involved in an act of unlawful rendition. However, Article 3bis of the Convention on International Civil Aviation—the Chicago convention—already allows a state to require a civil aircraft to land if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of that convention, and on that basis we say that the amendment is unnecessary. Further, the amendment throws up a number of practical difficulties. First, it would require an aircraft that had been directed to land, or any other aircraft already in the United Kingdom, to be searched if the Secretary of State had reason to believe that it was, had recently been or might in future be, involved in an act or acts of unlawful rendition. However, the degree of suspicion required to trigger this power is unclear and, at its lowest, could include any allegation whether supported by credible evidence or not. Although the amendment seeks to address what I believe to be a very serious issue—and I recognise that it will not always be easy to establish clear evidence that an act of unlawful rendition is in the process of taking place in sufficient time to act upon it—directing an aircraft to land is a significant step and any such direction should, in propriety, be based at the very least on a reasonable suspicion of current involvement in wrongdoing. A further problem is that the entry and search of an aircraft could be based on a suspicion of past, albeit recent past, or future use of that aircraft for extraordinary rendition purposes. Allegations of past misdeeds, whether proven or not, are no evidence that acts of rendition are taking place on the current flight. Further, all aircraft could potentially be used for such purposes and, taken literally, the proposed new clause might place every aircraft landing in the UK at risk of being entered and searched. I know that is not what the noble Lord would wish; neither do I think it is the intention of my noble friend. Of additional concern is the fact that the proposed new clause provides no discretion when it comes to the entry and search of an aircraft if reason to suspect recent past, present or future involvement in unlawful rendition is established. Even if evidence were subsequently discovered on board the aircraft, that would not of itself mean that the crew or individuals on board at the time of the search were necessarily culpable of an offence or indeed that an offence had actually taken place on that flight. If evidence were found that the aircraft had recently been involved in an act of unlawful rendition, it is not clear how this evidence would be used. I know that both my noble friend and the noble Lord are vociferous and rightful campaigners on individuals’ rights. I can just hear what they would say if that were the purpose. The police already have the power to search premises, including aircraft, under warrant. Indeed the proposed new clause clearly envisages a responsible person, in the normal course of events, applying to the court for a search warrant. Applications for search warrants are made under Section 8 of the Police and Criminal Evidence Act 1984 and a warrant will be granted where a justice of the peace is satisfied that there are reasonable grounds for believing that an indictable offence has been committed, that there is relevant, admissible evidence on the premises and that one of the conditions in Section 8(3) is satisfied. However, it is not clear from the amendment what a responsible person would be expected to do if a warrant of entry was applied for but refused by the court on the basis of insufficient grounds. Nevertheless, we believe that where a search warrant has been successfully obtained, this could be used in the case of an aircraft that had been required to land under the provisions of the Chicago convention. I hope I have explained, as I believe others have before me on a number of occasions, that the Government have made it clear that we do not and will not grant permission for UK airspace or territory to be used for any unlawful rendition. If the United Kingdom's security and law enforcement agencies received intelligence that could give rise to the types of action envisaged by the proposed new clause, on a timescale that would permit such action, the aircraft would either be refused permission to enter United Kingdom airspace or be directed to land in accordance with the existing provisions of the Chicago convention. Although we shall continue to keep these powers under review, we respectfully suggest that the proposed amendment is simply unnecessary. I understand my noble friend’s anxiety about this and her determination for our country not to be misused and, I would say, abused in this way. I absolutely understand the desire of the noble Lord, Lord Thomas of Gresford, to ensure that that commitment is not only maintained but holds true. It is a proper matter for us to debate and I am more than happy to give the assurance that this Government’s position has not changed in relation to it.