Police and Justice Bill

I support the amendment in the name of the noble Baroness, Lady D'Souza, the noble and learned Lord, Lord Archer, and my noble friend Lord Garden. I shall be very brief because a number of arguments have already been put forward. Suffice it to say that not only was a similar effort made during the passage of the Civil Aviation Bill but a similar amendment was introduced during the passage of several other Bills by my noble friend Lord Garden and, at one stage, by me as well. The noble and learned Lord, Lord Archer of Sandwell, is right in specifying the scope of the amendment. It creates a power that allows a Minister to require any plane using UK airspace to land if he has information that it is being used for unlawful rendition. It also creates a specific duty requiring planes which have been required to land to be searched. It is also in keeping—and this is probably the most important point—with the Government’s obligations under, and commitment to, the convention against torture and the prohibition of torture contained in the European Convention on Human Rights. Examples have been given, especially in the investigation carried out by Terry Davis, which amount to an alarming report. The explanation on controls over aircraft allegedly used for rendition shows that existing procedures do not provide adequate safeguards against abuse. The amendment therefore creates a power for the Secretary of State to require planes in UK airspace to land at a designated airport. Once a plane has landed, a chief constable or other senior figure is required to order the plane to be searched, and any items can be removed from the plane to establish whether it is being used for unlawful rendition. If the plane is already using UK airport facilities, there is a similar power to search but no obligation to do so. In the light of the observations made by the noble Baroness and the noble and learned Lord, Lord Archer of Sandwell, we certainly support a provision that enables us not only to examine why certain flights are stopping in this country, and whether they are stopping for a lawful purpose, but to meet our international obligations.