Police and Justice Bill

My Lords, I support the amendment on the basis of the argument advanced by my noble friend Lord Kingsland on18 July in a debate concerning relevant arrangements. I ask that an investigation be reconsidered into the material which suggests a high level of suspicion. It was recognised by independent authorities—the Foreign Affairs Committee in another place—that there was a duty to inquire. I want to put the position of support totally straight. My noble friend Lord Kingsland said: "““The Opposition””—" I very seldom speak for the Opposition— "““have stated that the Government must establish beyond doubt that United Kingdom territory or airspace has not been used for extraordinary rendition, and we maintain this position. We accept the assurances of the Foreign Secretary that the United Kingdom would not facilitate the transfer of an individual from ""or through the United Kingdom where there are grounds to believe that that person would face a real risk of torture; but we are asking the Government to reconsider carrying out investigations into these flights””.—[Official Report, 18/7/06;col. 1221.]" That is where I stand. The integrity of the noble Lord, Lord Triesman, and of the noble Baroness, Lady Scotland of Asthal, is in no way called into question. Fortunately I am no longer at the disadvantageof having discourse with a probabilities mathematician—the noble Lord, Lord Triesman, explained the levels of probability. As I see the situation, one cannot approach this on that basis of a mathematical level of probabilities; one cannot even do that before one starts proceedings in the criminal courts. One has to assess fairly, on the available evidence and using one's common sense, what is the question of degree. The noble Baroness, Lady D’Souza, and I favour that approach over a mathematical one—I cannot add up, anyway. On the available material from a recognised independent authority, the Foreign Affairs Committee of another place, the Joint Committee on Human Rights and other bodies have concluded that an inquiry should be set up. That material referred to by the noble Lord, Lord Triesman, has an evidential quality, quite apart from mere assertion. What quality is quite another matter. I have had and continue to have many happy discussions with the noble Lord, Lord Triesman, and have great respect for his integrity, but his approach is rather different from mine. If the arrangements referred to on 18 July have already been investigated—I cannot say why, but I have reason to believe they have—that warrants further investigation by an independent body. That should not be in the public arena, however, so as to safeguard intelligence and security, as I said at col. 1211 on 18 July. I am therefore supporting this amendment as an opportunity to, yet again, ask the Government to reconsider.