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The Conservatives are among MPs fighting to stop the government granting immunity to British ministers, spies and military personnel for involvement in killings and torture abroad. Tory bigwig David Davis is bringing in a series of amendments to the National Security Bill, which have alarmed human rights groups and anti-war crime campaigners. The proposed changes, aimed at removing clauses that provide legal immunity and limit compensation to torture survivors, will be debated in the House of Commons later on Wednesday. In a move backed by former justice minister Robert Buckland, opposition MPs are also seeking to add a public interest defense to the Official Secrets Act to protect whistleblowers and journalists. In a letter to the prime minister, a group of charities including Reprieve, Liberty, International Amnesty UK and Freedom From Torture questioned why the government would “seek to protect themselves and their officials” from prosecution for aiding or abetting crimes abroad. “It is unconscionable that the British government can shield ministers or officials from accountability,” the letter said. “Without restrictions on what criminal activities the clause covers, this provision could be used to protect British ministers and officials from prosecution when they encouraged or assisted in extraordinary renditions, interrogations involving torture or unlawful targeted killings.” The bill would grant immunity from prosecution in Britain if the conduct was “necessary for the proper exercise of any function of the Security Service (MI5), the Secret Intelligence Service (MI6) or GCHQ” or the armed forces. Human rights defenders have cited unresolved cases where the UK has been accused of providing information leading to torture, including Jagtar Singh Johal, who was detained in India after speaking out against abuses against the Sikh community. Separate provisions would force judges to reduce damages awarded in civil cases against the government, such as torture victims, if there were “national security factors,” including ties to terrorism. Former Tory minister Mr Davies is bringing amendments, backed by opposition MPs, to remove immunity from prosecution clauses and changes to compensation arrangements. He and Mr Buckland, the former justice secretary, are among MPs backing a Labor amendment to create a public interest defense in the Official Secrets Act to protect whistleblowers and journalists. Rishi Sunak condemns Russia’s ‘barbaric’ war in Ukraine The Society of Editors, which represents British newspapers, said the bill “poses a serious threat to press freedom” and goes beyond established safeguards. He said the government’s changes could criminalize public interest journalism and silence whistleblowers. Dawn Alford, executive director of the Society of Editors said: “Despite widespread agreement on the absolute necessity of a public interest defence, it remains puzzling as to why the government has chosen to omit one. “Such a defense is supported by both the Law and Human Rights Committees of Parliament and, without it, there are insufficient safeguards to ensure that those who pass information proven to be in the public interest are free from the threat of lengthy sentences imprisonment and prosecution”. Groups including the Index on Censorship and Reporters Without Borders are also calling for a public interest defense. When introducing the sweeping National Security Bill in May, Priti Patel said it would “protect the country from hostile foreign activity either abroad or on our soil. The former home secretary said the legal framework governing intelligence agencies needed to be updated, welcoming the Foreign Influencers Registration Scheme contained in the package of laws. “It will also enable intervention in state threat activity much earlier by criminalizing conduct in preparation for state threat activity meaning arrests can be made at an earlier stage before damage is done,” he added.
