A Bill to make provision for actions for damages for torture; and for connected purposes
The purpose of the Bill is to make provision for action for damages for torture. Similar Bills were introduced in the 2006–07 and 2007-08 parliamentary sessions. The Bill would make a person who commits torture liable to an action for damages in civil proceedings in England and Wales. A claim could be brought even where the torture occurred outside the UK, provided that no adequate and effective remedy existed in the state in which the torture took place. Liability would encompass not only an individual, but also any state whose servants or agents committed the torture.Key areasMakes a person, state (any foreign or commonwealth state including the UK), the sovereign or other head of that state in his public capacity, the Government and any department of that state, and any other entity capable of suing and being sued, liable to an action for damages in civil proceedings for tortureEnables an action to be brought at any time within six years Amends the State Immunity Act 1978 so that a state is not immune in respect of proceedings instituted against itDefines 'torture' as the intentional infliction by a public official or a person acting in an official capacity of severe pain or suffering on another in the performance or purported performance of his dutiesApplies the law of England and Wales for all proceedings brought under the provisions.
House of Commons
9 November 2009
This bill would let people sue for damages in civil courts in England and Wales if they were tortured by a public official or state agent, even if the torture happened overseas, provided there was no adequate remedy in the country where it occurred. It also allows the state itself to be sued, removes state immunity in these cases, and sets a six-year time limit for bringing claims; English and Welsh law would apply throughout.
The Bill is currently at the Second Reading in the House of Commons and would need to pass through the remaining stages in both Houses and receive Royal Assent to become law.
Generated 21 February 2026
This Bill was presented to Parliament on 26 January. This is known as First Reading and there was no debate on the Bill at this stage.
The Bill was on the Order Paper for a Second Reading on several Fridays before being dropped by its sponsor, Mr Andrew Dismore.
No recorded votes for this bill yet.
