HL Deb 18 November 2003 vol 654 cc276-7WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answers by the Baroness Symons of Vernham Dean on 3 November (WA 67–68), whether the Attorney-General, in discussions with the United States Administration, has raised the issue that military commissions must be independent and impartial in accordance with the obligations imposed upon the United States by the United Nations International Covenant on Civil and Political Rights; and [HL5342]

Further to the Written Answers by the Baroness Symons of Vernham Dean on 3 November (WA 67–68), whether the Attorney-General, in discussions with the United States Administration, has raised the issue that the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that a guilty verdict may be made by a two-thirds majority of the commission; and [HL5341]

Further to the Written Answers by the Baroness Symons of Vernham Dean on 3 November (WA 67–68), whether the Attorney-General, in discussions with the United States Administration, has raised the issue that the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that potentially exculpatory information may be withdrawn from military defence counsel if the prosecution does not intend to introduce such evidence at trial; and [HL5340]

Further to the Written Answers by the Baroness Symons of Vernham Dean on 3 November (WA 67–68), whether the Attorney-General, in discussions with the United States Administration, has raised the issue that the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide for a jurisdiction in areas not previously subject to the laws of war; and [HL5339]

Further to the Written Answers by the Baroness Symons of Vernham Dean on 3 November (WA 67–68), whether the Attorney-General, in discussions with the United States Administration, has raised the issue that the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo are under the control of the President of the United States with no right of appeal to a civil court. [HL5338]

The Attorney-General (Lord Goldsmith)

The Government have made clear that they have serious concerns about the proposed military commissions. I have held five rounds of talks with the US Administration with the objective of ensuring that the British detainees in Guantanamo Bay, if prosecuted, are assured of a fair trial and to make clear the Government's opposition to the use of the death penalty. The Government do not intend to give a running commentary on these continuing discussions.