Recording of Interrogation and Tactical Questioning

Sir Thayne Forbes has made just nine recommendations, and he acknowledges the progress that the Ministry has made since 2004 to improve all aspects of the prisoner-handling system—from policy and doctrine to unit-level instructions and procedures as well as training and oversight—and to ensure it complies with domestic and international law. I accept all nine recommendations in principle. I have commissioned urgent work on their practical implications—in particular, we will need to ensure that they will not prevent the armed forces from carrying out vital tasks—and I will announce to the House my detailed conclusions as soon as I can.

Recommendation 2. This envisages routine audio and video recordings of tactical questioning as well as interrogation sessions, and the retention of such recordings. As a matter of policy since 2010, interrogation sessions have been conducted in dedicated facilities with both primary and back-up audio- and video-recording equipment. If equipment malfunctions and the exigencies of battle require it, interrogations can – exceptionally, and with the consent of a designated officer – be conducted without functioning audiovisual equipment.

There are, however, certain practical issues to be overcome in extending this practice to tactical questioning. Unlike interrogation, tactical questioning is conducted as a battlefield activity either in the immediate aftermath of an engagement or during sustained engagements. It is often time-critical, and can elicit intelligence that prevents further casualties amongst Service personnel and civilians. Defence officials are investigating whether robust technical solutions can be delivered in an assured manner.  Should it prove impossible to identify a viable solution, Ministers will notify the House.

As and when a viable solution is implemented, the tactical questioning policy will be updated to take account both of the intention that tactical questioning should be recorded and of the limitations of the technical solution. In common with the interrogation policy, the tactical questioning policy will include provisions for tactical questioning to be conducted – in exceptional circumstances and with the approval of a designated officer – without functioning audiovisual equipment.