§ 23. Mr. David Heath (Somerton and Frome)What recent discussions the Attorney-General has had with the United States authorities on the legal position of British citizens detained at Guantanamo bay. [135227]
§ The Solicitor-GeneralThe Attorney-General went to Washington in July for talks with the US Administration about the future of the United Kingdom detainees in Guantanamo bay. Since then, he has had four further meetings with the US authorities, the most recent being on 3 October.
§ Mr. HeathCan the Solicitor-General tell me with whom precisely the Attorney-General has been holding meetings? Is it the US Attorney-General, who claims that Guantanamo bay is beyond his jurisdiction, or is it the Department of Defence? Before the President of the United States visits this country shortly, will there be a resolution of the wholly unacceptable position whereby British citizens are held at Guantanamo bay and not subject to due process?
§ The Solicitor-GeneralThe Attorney-General has held meetings with his counterpart, the Attorney-General of the United States, and with officials from the Department of Defence. As the Prime Minister, the Foreign Secretary and others have placed it on record, I take this opportunity to remind the House that the Attorney-General has been holding discussions with the US authorities and has been seeking undertakings that if UK citizens are put on trial in the US they will have a fair trial. We have made it clear that if the Attorney-General is not satisfied that those citizens would receive a fair trial under the United States' procedures they will be returned to the UK. The hon. Gentleman can be satisfied that either they will have a fair trial or they will be returned to the UK. As negotiations are continuing, I am afraid that I can say nothing further about timing.