Armed Forces Bill

My Lords, I shall be brief. We now know, as the noble Lord, Lord Drayson, said on 12 October, that arrangements for these flights are, "““part of the normal arrangements between states””.—[Official Report, 12/10/06; col. 440.]" We also know, from the noble Baroness, Lady Scotland of Asthal, on 18 October (at cols. 782 and 783 of the Official Report) that these were not arrangements made between the UK and the US. The grant to foreign aircraft to overfly or leave our military airfields in the UK was given by diplomatic clearance under ““customary”” and reciprocal international law of which the principles were not clear. That had happened ““for decades””, and the Chicago Convention does not apply. She also said that we expect that if there is something to do with rendition then they will tell us, but that there is no obligation to do so. The right in this arrangement, which has apparently gone on for decades, is diplomatic clearance sought with or without permission. I do not know quite what that means. If you are seeking diplomatic clearance, I think that means that you are asking permission, and I assume that that permission is either without asking the purpose or not. I am a bit lost in that diplomatic sea. Where do we go from here if that is right? The United Kingdom cannot unilaterally opt out of such an international arrangement, which by custom is not justiciable and could not be enforced in any court of law. Resorting to the ECHR, the Human Rights Act 1998 and other international conventions would also be excluded, as you cannot challenge the operation of diplomatic conventions in any court of law. This amendment is destined to drift into the ““ebb-drawn shoals”” of an Orcadian poet, in which the series of sister amendments already lie in limbo. The intendiment of this amendment could be dealt with through bilateral agreement between the United States and ourselves. That would require granting clearance to overfly and so forth—and taking off in the UK only if satisfied as to compliance with legal requirements and international obligations, the provisions for inspection provided by the US for take-off and with regard to passenger lists or bills of lading for cargoes of weaponry. It is not for me to draft the provisions of such an agreement, but I mention this to show the sort of arrangement that could be made by diplomacy. It is really beyond the point to ask why permission was granted for twoout of four flights. What happened to the large remainder? Why was no explanation of these arrangements—I am glad to see the noble Lord, Lord Triesman, in his place—given in response to my Unstarred Question, on which I was helped by my noble friend Lord Kingsland? On 18 July, we had no inkling of what I have mentioned to your Lordships today. Indeed, no one had an inkling before 12 or 18 October. I am not saying this to criticise the Government because there is no use in doing so. Neither is there any use in asking a whole series of questions that you might as well ask Martin Gilliatt’s one-glass-eyed teddy bear.