IPCO Annual Report 2018
2.18
The Consolidated Guidance had three principal objectives:
• to protect individuals abroad from harm because of actions by British officials when they
were involved in sharing intelligence with foreign partners, in situations when the person
was in detention or detention was sought or would occur;
• to protect British officials from legal liability and to ensure that all conduct of British
officials was lawful as a matter of both domestic and international law; and
• to ensure wide-ranging compliance in the context of intelligence sharing with the national
policy, and particularly the United Kingdom’s refusal to be involved in unlawful killing, the
use of torture or cruel, inhuman or degrading treatment, or extraordinary rendition.
2.19
The Intelligence Services Commissioner oversaw the use of the Consolidated Guidance
from its instigation. The Prime Minister directed that this oversight should be carried out by
the IPC from 1 September 2017. Findings from our oversight are summarised in chapter 10.
2.20
On 28 June 2018, the Intelligence and Security Committee of Parliament (ISC) published
its report on Detainee Mistreatment and Rendition. The report was in two parts, the
first concerning the period from 2001 to 2010 and the second on current issues. Taking
account of the evidence it had heard, the ISC made a number of suggestions as to how the
Consolidated Guidance could further be clarified. The Committee’s overall view was that
the document needed to be reviewed, but indicated that it was not for the ISC to ‘rewrite
Government policy, or to provide endorsement’.
The IPCO review
2.21
On the same day that the ISC Report was published, the Prime Minister invited the IPC ‘to
make proposals to the Government about how the Guidance could be improved, taking
account of the ISC’s views and those of civil society’. The IPC was keen that this should take
the form of a full public consultation and, on 20 August 2018, we published a consultation
document seeking views on a range of questions.1 We received nine written submissions,
from Non-Governmental Organisations (NGOs), and academics and from Her Majesty’s
Government (HMG).2
2.22
On 12 December 2018, Lord Anderson of Ipswich KBE QC hosted an invitation-only event on
behalf of the IPC for some of those who had responded or had a particular interest in this
area. The event enabled detailed exploration of the central points raised in the responses.
It was held at Chatham House and the IPC was extremely grateful to all the participants,
who illuminated the risks of torture and inhuman treatment for those in detention in this
general context along with the operationally difficult decisions that need to be taken by
those entrusted with undertaking this work.
2.23
The discussions at Chatham House led, in part, to the decision by the IPC to propose a
complete redraft of the Consolidated Guidance as part of his submission to the Prime
Minister. He was keen to understand the practical implications of each of the suggested
amendments, which was a question which the agencies were uniquely equipped to answer.
This process of liaising with them took some time to conclude but his recommendations,
which were submitted to the Prime Minister on 12 June 2019, have now been accepted in
full.3 The new ‘Principles relating to the detention and interviewing of detainees overseas
1
2
3
https://ipco.org.uk/docs/IPCO%20Consultation%20on%20the%20Consolidated%20Guidance.pdf
https://ipco.org.uk/default.aspx?mid=13.11
https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-07-18/
HCWS1738/
13