§ Lord Lester of Herne Hillasked Her Majesty's Government:
What is their current policy regarding the use by the Government and other public authorities of information obtained as a result of torture committed overseas. [HL4500]
§ Baroness Scotland of AsthalThe Government unreservedly condemn the use of torture and have worked hard with our international partners to eradicate this practice. However, it would be irresponsible of the Government not to take appropriate account of any information which could help to protect national security and public safety.
Current government policy follows the approach adopted by SIAC and upheld by the Court of Appeal. The Special Immigration Appeals Commission (SIAC) adopted the common law approach to evidence which may have been obtained through the use of torture—save for evidence that is obtained from a party (usually the defendant in a criminal trial), that all evidence is admissible, however unlawfully obtained. However, SIAC held that where that evidence may have been obtained by torture this will bear on the proper weight to be given to the evidence. The means by which information is obtained therefore goes to its reliability and weight and not to its admissibility.
The Court of Appeal upheld the position taken by SIAC.