The Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, on the Passing and Receipt of Intelligence Relating to Detainees (hereafter, "the Consolidated Guidance") was published on 6 July 2010. Also published at that time was a Note of Additional Information from the Foreign Secretary, the Home Secretary and the Defence Secretary.
On 28 November 2014, under section 59A of RIPA, the Prime Minister published a direction which put on a statutory footing the Commissioner’s oversight of the Consolidated Guidance. The direction says:
- The Intelligence Services Commissioner must keep under review the compliance of persons falling within paragraph 4 with the guidance referred to in paragraph 5 in relation to the circumstances set out in paragraph 6.
- The persons are:
- officers of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters;
- members of the Armed Forces of the United Kingdom and employees of the Ministry of Defence, so far as any of them engage in intelligence activities within the meaning of section 59A of the Act.
- The guidance is the Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees which was published on 6 July 2010, as amended from time to time.
- The circumstances are those in which one or more persons falling within paragraph 4:
- interview a detainee who is in the custody of a third party;
- request a third party to seek information from a detainee in the custody of that party;
- pass information to a security or intelligence service of a third party in relation to a detainee held by that party;
- receive unsolicited information from a third party which relates to a detainee;
- solicit the detention of an individual by a third party.
The full direction can be found here
In his oversight of the Consolidated Guidance the Commissioner seeks to monitor whether the guidance is being followed properly so that when a detainee held by a third party is involved staff know and understand immediately that the Guidance applies and that decisions are then taken at the correct level.
Last updated: 23 Jan 16