MoD denies creating secret torture policy in breach of laws

The Ministry of Defence has rejected claims it has developed a secret policy on torture in breach of Government rules on intelligence-sharing on detainees.

MoD documents released through the Freedom of Information Act had reportedly created a provision for ministers to approve the passing of information to allies - even if there was a risk of torture - if the benefits justified it.

The disclosure was said to have raised concern that Cabinet Office rules on intelligence-sharing were being overridden, The Times reported.

The Cabinet Office's "consolidated guidance" on passing intelligence relating to detainees states the UK does "not participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment (CIDT) or punishment for any purpose".

It goes on: "In no circumstances will UK personnel ever take action amounting to torture or CIDT."

According to The Times, the internal MoD policy document - dated November 2018 - acknowledges that there is a presumption the UK will not share information when there is a "serious risk" of torture.

However it then goes on to state this can be overridden if "ministers agree that the potential benefits justify accepting the risk and the legal consequences that may follow".

The document is also said to include powers for ministers to "pre-approve" intelligence-sharing about named individuals even when it is not known where they are being held - even though that may be crucial in determining the risk of torture.

In a statement, an MoD spokesman said its policies were fully compliant with the provisions of the consolidated guidance.

"The Investigatory Powers Commissioner's Office have confirmed they are entirely satisfied with the MoD's activities and standards in this area," the spokesman said.

"All our policy and activities in this area comply with the Cabinet Office's consolidated guidance."