HC Deb 26 February 2004 vol 418 cc551-2W
Mr. Streeter

To ask the Solicitor-General what consideration was given during the Attorney-General's recent discussions with US officials to proceedings for treason being brought by the Crown Prosecution Service against the British detainees in Guantanamo Bay. [155014]

The Solicitor-General

The Attorney-General has explained to the US Administration the options for the possible prosecution for treason of the British detainees in Guantanamo Bay. As I set out in my reply to the hon. Member dated 5 January 2004,Official Report, column 74W, decisions to prosecute are made independently by the police and the Crown Prosecution Service in accordance with the Code for Crown Prosecutors. The Attorney-General may be consulted on prosecution decisions. A prosecution will be brought if there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute. If a decision to prosecute is made all relevant charges will be considered in deciding what charge an individual should face.

Mr. Streeter

To ask the Solicitor-General what representations the Attorney-General received from the United States Administration on the treatment that United Kingdom citizens detained in Guantanamo Bay would receive on repatriation to the UK. [155015]

The Solicitor-General

The Attorney-General has had no discussions with The US Administration about the treatment that the British nationals detained in Guantanamo Bay would receive on repatriation to the UK, but there have been discussions on this issue involving other UK Government officials. The Government does not intend to provide details of confidential exchanges between the British and US Governments.

Mr. Streeter

To ask the Solicitor-General what progress has been made in obtaining the repatriation of the British detainees in Guantanamo Bay; and if she will make a statement. [155016]

The Solicitor-General

I refer the hon. Member to the statement by my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs on 19 February, in which he explained that five of the UK detainees would be returning to the UK in the next few weeks and that the Government continues to discuss with the US the situation of the remaining four. The Government's position remains that the detainees should either be tried in accordance with international standards or they should be returned to the UK.