The Rt Hon Boris Johnson MP

Foreign Secretary

14th May 2018

Dear Boris,

I am writing to set out my concern that the Government is currently reviewing the Consolidated Guidance on torture without adequate input from civil society or the public.

As you know, the Consolidated Guidance, provided to intelligence officers and service personnel on the receipt of torture-tainted intelligence, remains the only safeguard against UK complicity in torture and ill-treatment committed by intelligence and security partners overseas. Nonetheless, human rights groups warn that it is beset by serious flaws and poor enforcement - concerns echoed by the then-Intelligence and Security Commissioner Sir Mark Waller in 2016, who found that MI6 were still failing to abide by its requirements.

In such circumstances, rigorous, independent review of this policy is crucial. As the last two decades of the so-called ‘War on Terror’ have revealed, secretive, internal processes have consistently failed to uncover wrongdoing and ensure the UK is not made complicit in severe rights abuses. The failure to consult publicly is made all the more concerning in view of the express recommendations of Sir Mark in his 2016 report:

“In order to improve transparency and accountability, I would further suggest that the Cabinet Office invites and considers contributions from others with an interest in this subject, e.g. the Equality and Human Rights Commission, Fair Trials Abroad, Prisoners Abroad, Redress and Reprieve.”

The UK’s firm, unambiguous rejection of torture and other forms of ill-treatment is all the more urgent at a time in which President Trump has nominated for the position of CIA Director a person deeply implicated in the US’s programme of torture and extraordinary rendition.

I believe it is imperative that civil society and the public are given the chance to have their say on just what the intelligence services are permitted to do in their name. Moreover, any changes proposed to the Consolidated Guidance must be provided to Parliament, allowing rigorous independent review of Government policy in an area in which public accountability is sorely needed. Accordingly, I urge you to commit to publishing any changes the Government proposes to make to the Consolidated Guidance, and to launching a full, public consultation in relation to any such changes.

I look forward to hearing from you at your earliest convenience.

Yours sincerely,