HL Deb 08 June 2004 vol 662 cc26-7WA
Lord Lamont of Lerwick

asked Her Majesty's Government:

Whether Ministers enjoy any immunity from prosecution under the United Nations torture covention, including immunity in respect of the behaviour of British troops in Iraq. [HL2784]

Lord Bach

The United Kingdom's obligations under the torture convention were implemented by Section 134 of the Criminal Justice Act 1988. Any prosecution for torture in the United Kingdom would therefore be under domestic criminal law, rather than under the torture convention directly. There is no immunity for Ministers from prosecution in the United Kingdom for an offence under the provision of the Criminal Justice Act 1988.

Lord Renfrew of Kaimsthorn

asked Her Majesty's Government:

Whether the principle of ministerial responsibility applies to the Ministry of Defence in circumstances when Ministers did not ensure that they were adequately informed of reports from the International Red Cross or of submissions from Amnesty International pertaining to the conduct of British military personnel in Iraq. [HL2790]

Lord Bach

The principle of ministerial accountability applies to the Ministry of Defence. Ministers were adequately informed of all significant issues relating to United Kingdom Armed Forces contained within the International Red Cross February interim report five months before they became aware of the report. The Ministry of Defence receives a number of communications from Amnesty International, including letters from different offices and officials, letters received as a result of AI campaigns and reports. Some are dealt with by officials, others by Ministers.