This is an interview I recorded for Resonance FM with We Are Change UK, a rapidly-growing activist group in the USA and Europe, in which I get the chance to discuss the spies, their crimes, cover-ups, the media, the war on terror and the erosion of our freedoms, amongst many other issues:
Category Archives: MI5
The Rise of the Mercenary
Stephen Armstrong published an interesting article in today’s New Statesman magazine. Based on his new book War plc: the Rise of the New Corporate Mercenary, it examines the rise of the corporate security consultant. Or in basic English – mercenaries.
I met Stephen when I was invited by James Whale to review the book on Press TV. I was impressed with his research and depth of knowledge on this subject. It was an unusually harmonious talk show — rather than arguing, we all took a broadly similar approach to the issue of mercenaries, oversight and accountability.
The increasing privatisation of intelligence is an insidious development in the world of espionage and war. For many decades there have existed on the fringes of the official intelligence world a few private security companies; think Kroll, Blackwater, Aegis. These companies are often the last refuge of .….. former intelligence officers of the western spook organisations.
These people, often frustrated at the overly bureaucratic nature of the governmental spy organisations, resign and are gently steered towards these corporations. That, or the relocation officers get them nice juicy jobs at merchant banks, arms companies or international quangos. It’s always useful to have reliable chaps in useful places, after all.
In the last decade, however, we have seen an explosion in the number of these companies. One of my former colleagues is a founder of Diligence, which is going from strength to strength. These kinds of companies specialise in corporate spying, the neutralisation of opposition and protest groups, and security. The latter usually boils down to providing military muscle in hot spots like Iraq. While I can see the attraction for soldiers leaving crack regiments and wondering what on earth they can do with their specialised expertise, and who then decide that earning £10,000 a week risking their lives in Baghdad is a good bet, this has worrying implications for the rule of law.
Leaving aside the small matter that, under international and domestic UK law, all wars of aggression are illegal, our official British military presence in Afghanistan and Iraq is at least to a certain degree accountable. The most egregious war crimes have resulted in court martials. But the new mercenaries live in a legal no-man’s land, and in this territory anything goes. Or can at least be covered up.
This is the same principle that has guided these unofficial spook companies over the years – plausible deniability. What little democratic oversight there is in the UK of the intelligence community still does give them limited pause for thought: what if the media hears about it? What if an MP asks an awkward question? By using former colleagues in the corporate intelligence world, MI5, MI6 et al can out source the risk.
The oversight and accountability for the official spooks and the army are bad enough. The privatisation of intelligence and military might makes a further mockery of the feeble oversight provisions in place in this country. This is a worrying development in legal and democratic terms; more importantly, it has a direct, daily impact on the rights of innocent men, women and children around the world. We need to ensure that the official and unofficial spooks and military are accountable under the law.
Fig Leaf to the Spies
The lack of any meaningful oversight of the UK’s intelligence community was highlighted again last week, when The Daily Mail reported that a crucial fax was lost in the run-up to the 7/7 bombings in London in 2005.
There has yet to be an official enquiry into the worst terrorist atrocity on the UK mainland, despite the call for one from traumatised families and survivors and the legitimate concerns of the British public. To date, we have had to make do with an “official narrative” written by a faceless bureaucrat and published in May 2006. As soon as it was published, the then Home Secretary, John Reid, had to correct egregious factual errors when presenting it to Parliament.
The Intelligence and Security Committee (ISC) also did a shoddy first job, when it cleared the security forces of all wrong-doing in its initial report published at the same time. It claimed a lack of resources had hampered MI5’s counter-terrorism efforts.
However, following a useful leak, it emerged that MI5 had not only been aware of at least two of the alleged bombers before the attack, it had been concerned enough to send a fax up to West Yorkshire Police Special Branch asking them to investigate Mohammed Sidique Khan and Shehzad Tanweer. This fax was never acted upon.
So the ISC has been forced to produce another report, this time apparently admitting that, yes, there had been intelligence failures, most notably the lost fax. West Yorkshire SB should have acted on it. But the intelligence officer in MI5 responsible for this investigation should have chased it up when no response was forthcoming.
This second ISC report, which has been sitting on the Prime Minister’s desk for weeks already, is said to be “devastating”. However, I’m willing to bet that if/when it sees the light of day, it will be anything but.
The ISC is at best an oversight fig leaf. It was formed in 1994, when MI6 and GCHQ were put on a statutory footing for the first time with the Intelligence Services Act. At the time the press welcomed this as a great step forward towards democratic accountability for the intelligence community. Well, it could not have been worse than the previous set-up, when MI5, MI6 and GCHQ did not officially exist. They were not required to obey the laws of the land, and no MP was allowed to ask a question in Parliament about their activities. As 1980s whistleblower Peter Wright so succinctly put it, the spies could bug and burgle their way around with impunity.
So the establishment of the ISC was a (very) limited step in the right direction. However, it is not a Parliamentary Committee. Its members are selected by the Prime Minister, and it is answerable only to the PM, who can vet its findings. The remit of the ISC only covers matters of spy policy, administration and finance. It is not empowered to investigate allegations of operational incompetence nor crimes committed by the spies. And its annual report has become a joke within the media, as there are usually more redactions than coherent sentences.
The ISC’s first big test came in the 1990s following the Shayler and Tomlinson disclosures. These involved detailed allegations of illegal investigations, bungled operations and assassination attempts against foreign heads of state. It is difficult to conceive of more heinous crimes committed by our shadowy spies.
But how did the ISC react? If one reads the reports from the relevant years, the only aspect that exercised the ISC was Shayler’s information that MI5 had on many MPs and government ministers. The ISC was reassured by MI5 that would no longer be able to use these files. That’s it.
Forget about files being illegally held on hundreds of thousands of innocent UK citizens; forget about the illegal phone taps, the preventable deaths on UK streets from IRA bombs, innocent people being thrown in prison, and the assassination attempt against Colonel Gaddafi of Libya. The fearless and eternally vigilant ISC MPs were primarily concerned about receiving reassurance that their files would no longer be vetted by MI5 officers on the basis of membership to “subversive” organisations. What were they afraid of – that shameful evidence of early left-wing activity from their fiery youth might emerge? Heaven forbid under New Labour.
Barely a day goes by when newspaper headlines do not remind us of terrible threats to our national security. Only in the last week, the UK media has reported that the threat of espionage from Russia and China is at its highest since the days of the Cold War; that resurgent Republican terror groups in Northern Ireland pose a graver danger to us even than Al Qaeda; that radicalised British Muslim youth are returning from fighting with the Taliban to wage war on the streets of the UK. We have to take all this on trust, despite the intelligence community’s appalling track record of bending the truth to gain more powers and resources. This is why meaningful oversight is so vitally important for the health of our democracy. The ISC is a long way from providing that.
The Media and the Spies
The UK mainstream media has made much this week of Home Secretary Jacqui Smith’s assertion that MI5 had not requested the government’s proposed extension of the imprisonment without charge of terrorist suspects from 28 to 42 days.
This statement has caused a furore in the UK, and there is a chance that the PM may lose the key vote in Parliament on this amendment tomorrow.
In fact, such has been the uproar that the Director General of MI5, Jonathan Evans, is reported by Reuters to have made a rare public statement:
“Since the security service is neither a prosecuting authority nor responsible for criminal investigations, we are not, and never have been, the appropriate body to advise the government on pre-charge detention time limits,” he said in a statement on the MI5 website.
“We have not, therefore, sought to comment publicly or privately on the current proposals, except to say that we recognise the challenge posed for the police service by the increasingly complex and international character of some recent terrorist cases.”
What particularly strikes me about this is an apparently insignificant phrase, “raised publicly or privately”.
In contrast to the Metropolitan Police Commissioner Sir Ian Blair, who admitted to “unintentionally misleading” the parliamentary Joint Committee charged with assessing the need to increase the detention limit, Evans had refused to give evidence about the 42 day issue. So he has certainly not raised this in a publicly accountable way.
It’s the word “private” that intrigues me. It reeks of sotto voce discussions between old school chums at the grander gentlemen’s clubs in London: of unattributable briefings between anonymous MI5 officers and chosen journalists; and of cosy lunches with Fleet Street editors in the DG’s dining room at Thames House, MI5’s London HQ.
While Evans denies using this methodology around the 42 day issue, his statement confirms that such private discussions do indeed play a part in influencing policy decisions and media perception.
I saw this approach first-hand in the 1990s during the whistleblowing years. In fact, it was then that MI5 stepped up its charm offensive with politicians and journalists. It was during one of the first of these cosy media lunches in Thames House, hosted by the then DG Stephen Lander, that the respected BBC Diplomatic Editor Mark Urban asked a fateful question about the Gaddafi Plot and was reportedly told by Lander that “he was not here to answer half-baked questions from smart-arse journalists”. So there were certain shortfalls in the charm, even if the lack of accountability held up well.
But there are other, more sinister ways for the spies to manipulate public opinion. MI6 has a sensitive section called Information Operations (I/Ops), which exists purely to set the news agenda for the spies. I/Ops manages this either by massaging the facts, spinning the tone of the story or, more worryingly, planting false stories in a quiescent press.
In the 1990s there was a famous case. Colonel Gaddafi’s son, Saif Al Islam, applied for a visa to come to Britain. I/Ops planted a completely false story in The Sunday Telegraph that he was involved in money laundering with Iran and, lo and behold, MI5 had the perfect excuse to deny him a visa. Al Islam subsequently sued the newspaper which, faced with Shayler’s evidence, settled out of court.
A few months ago the ex-head of MI6, Sir Richard Dearlove, gave a talk at the LSE about the intelligence agencies and the media. I went along to have a laugh, and was graciously allowed to ask a question. Naturally I raised the issue of I/Ops, its relationship with the media, and whether such a role was acceptable in a modern democracy.
In the context of the talk, what could have been more pertinent? However, Dearlove declined to answer. In fact, he went so far as to say that such a matter was “within the ring of secrecy”. At which point a journalist from a prestigious national newspaper who was sitting next to me, turned and said gleefully that this at last proved that I/Ops existed. Gratifying as this was, I shall reiterate my question: is the role of I/Ops acceptable in a modern democracy, where we are supposed to enjoy freedom of information, transparency and accountability from the powers-that-be?
Spooks leave UK vulnerable to Russian mafia
According to the Daily Mail this week, Russian security expert, Andrei Soldatov, reckons the UK is wide open to the threat of the Russian mafia. He primarily blames the froideur that has blighted Anglo-Russian relations since the Litvinenko affair. However, he also states that MI5 no longer has a role to play in investigating organised crime, and that has contributed to our vulnerability.
Naturally resisting the temptation to say that MI5’s involvement would not necessarily have afforded us any meaningful protection, I would say that this is down to a fundamental problem in how we organise our response to threats to the national security of this country.
The security infrastructure in the UK has evolved over the last century into a terribly British muddle. For historic reasons, we have a plethora of intelligence agencies, all competing for funding, power and prestige: MI5, MI6, GCHQ, the Metropolitan Police Special Branch (MPSB), special branches in every other police force, military intelligence, and HM Revenue and Customs et al. Each is supposed to work with the other, but in reality they guard their territory and intelligence jealously. After all, knowledge is power.
MI5 and MPSB have always been the lead intelligence organisations operating within the UK. As such, their covert rivalry has been protracted and bitter, but to the outside world they appeared to rub along while MI5 was primarily focusing on espionage and political subversion and the Met concentrated on the IRA. However, after the end of the Cold War, MI5 had to find new targets or lose staff, status and resources.
In 1992 the then Home Secretary, Ken Clarke, announced that MI5 was taking over the lead responsibility for investigating IRA activity on the UK mainland — work that had been done by MPSB for over 100 years. Victory was largely credited to clever Whitehall manoeuvering on the part of the head of MI5, Stella Rimington. The Met were furious, and the transfer of records was fractious, to say the least.
Also, there was a year’s delay in the handover of responsibility. So MI5 artificially maintained the perceived threat levels posed by political subversion in order to retain its staff until the transition was complete. This meant that there was no real case for the aggressive investigation of subversive groups in the UK – which made all such operations illegal. Staff in this section, including me, vociferously argued against this continued surveillance, rightly stating that such investigations were thereby flagrantly illegal, but the senior management ignored us in the interests of preserving their empires.
However, in the mid-1990s, when peace appeared to be breaking out in Northern Ireland and beyond, MI5 had to scout around for more work to justify its existence. Hence, in 1996, the Home Secretary agreed that they should play a role in tackling organised crime – but only in a supporting role to MPSB. This was never a particularly palatable answer for the spooks, so it is no surprise that they have subsequently dropped this area of work now that the threat from “Al Qaeda” has grown. Terrorism has always been perceived as higher status work. And of course this new threat has led to a slew of increased resources, powers and staff for MI5, not to mention the opening of eight regional headquarters outside London.
But should we really be approaching a subject as serious as the protection of our national security in such a haphazard way, based solely on the fact that we have these agencies in existence, so let’s give them some work?
If we are really faced with such a serious terrorist threat, would it not be smarter for our politicians to ask the basic questions: what is the realistic threat to our national security and the economic wellbeing of the state, and how can we best protect ourselves from these threats? If the most effective answer proves to be a new, dedicated counter-terrorism organisation, so be it. We Brits love a sense of history, but a new broom will often sweep clean.
International Islamic Fair, Malaysia 2007
In July 2007 I was invited to speak at the International Islamic Fair in Malaysia along with 9/11 hero William Rodriguez.
The Fair is designed to increase understanding and co-operation between Islamic and non-Islamic communities. Politicians, diplomats and campaigners from around the world are invited to speak. Thousands of people attended the four day event, and the Fair made headlines across the Far East.
Here is the photo gallery of the 2007 IIF Conference.
I was honoured to receive a standing ovation, and comments included:
“Former British MI5 agent & American depleted uranium expert among best received paper presenters”
and
“The IIF2007 Conference fulfilled most of its pre-event promises – as far as content goes. In addition to the presence of William Rodriguez (last survivor of 9/11) as a session moderator, the conference participants were also ‘thrilled’ by the lectures of other overseas speakers including Sheikh Imran Hosein (former N.York mosque imam), H.E. Mahdi Ibrahim Muhammad (Ambassador / member of National Assembly, Sudan), Annie Machon (former British Intelligence MI5 agent) and Khaled Taha of Aljazeera, Qatar.”
Pay peanuts, get monkeys
So the spooks are yet again trying to recruit IT professionals. MI6 is currently advertising for a, quote, “world class enterprise architect”, but is offering a salary significantly below the market rate. MI5 is constantly on the lookout for IT staff –as recent adverts in the press will attest.
My sense is that the agencies are still desperately playing IT catch-up. In the 1990s, when I worked as an intelligence officer, we were still writing out everything longhand and getting our secretaries to type it up – with all the attendant typos, revisions and delays. Information databases, such the system codenamed Durbar, which held the terrorist records, could only be accessed via 1970s, beige, monitor-and-keyboard, all-in-one computers.
In the early 1990s MI5 did try to develop its own information management system from scratch, rightly thinking that buying off-the-shelf from an American megacorp was probably not good security. However, MI5 management still thought IT was a low priority – despite the fact the efficient processing of information should have been the core work. So, the agency paid significantly below the market rates for IT professionals, and posted mainstream intelligence officers, with no project management experience, to run the department for 2 year periods. Needless to say, moral was rock-bottom. The IT bods were unmotivated, the IOs demoralised at being posted to a career graveyard slot and the unwieldy system, codenamed Grant, never got off the ground.
In the middle of the decade MI5 in desperation bought an off-the-shelf package which was based on Windows 95. Even then officers had to fight to have access to a terminal to do their work. And, of course, Windows is not known as the most stable or secure system available. I also heard recently that MI5 is still using this proprietary software, and thinks that it can protect its information systems by patching up security problems. It gives one such faith that MI5 can really protect this country from terrorist attack.
But this leads us onto a more serious issue regarding our national sovereignty. What the hell is our government doing, shovelling billions of pounds every year over to US IT companies to pay for licences that then permit our government departments to use their software packages? And with the current concerns about terrorism and the subsequent datamining activities of a paranoid US administration, how can we be sure that the NSA is not sneaking a peek at the work of our security forces via back doors in this software?
So, to protect our sovereignty, as well as develop our knowledge base and grow our economy, why does the UK government not encourage all government agencies and departments to switch from proprietary to open source software? After all, many other countries around the world are already doing this for precisely these reasons.
No doubt it’s that pesky “special relationship” kicking in again.….
MI5 caught with its pants down
An MI5 A4 surveillance officer has had to resign because his wife sold a story to The News of the World newspaper that the Formula One boss, Max Mosley, son of notorious fascist Sir Oswald Mosley, had indulged in a Nazi-inspired orgy with her and four other prostitutes in a cellar in Chelsea, one of the swankiest areas of London.
This raises an interesting question. Either the A4 officer, reportedly a former Royal Marine, had no idea that his wife was working as a prostitute, in which case, what the hell was he doing working for the surveillance unit of MI5? Not quite the sharpest knife in the block, then. Or he knew, but chose to keep it quiet – a serious vetting offence. Which was it?
The move against Mosley certainly seems to have been a “honeytrap” of sorts – at least on the part of The News of the Screws, which reportedly equipped “Mrs Bond” with the cameras. But beyond that? The Screws and its sister paper The Sunday Times asserted that the MI5 connection was just a coincidence, as did The Sunday Telegraph, known in spook circles as the in-house magazine of MI6.
The Mosley case does have historical echoes. A similar, and notorious case, occurred in the 1970s. Lord Lambton, at the time the RAF Minister in Edward Heath’s government, was caught in flagrente with a call girl and, even worse, was caught on film smoking a joint. Lambton had to resign in disgrace.
But there was more to it. The News of the Screws photographer lurking in the wardrobe had been lent the night-vision camera by an MI6 agent to obtain nice, clear images.
Why did MI6, the foreign intelligence gathering agency, target Lord Lambton? Well, according to the agent in question, Lee Tracey who first came to the public’s attention in the Profumo Affair, MI6 was motivated by a desire to embarrass MI5, which it deemed not to be up to scratch in its domestic spying work.
So the “honeytrap” is a tried and tested method to compromise your opponents and score political points. But, unless there is some private feud with the spies, it does seem unlikely in this case. Mosley may enjoy an exotic sex life, but does the F1 boss really look like he poses a legitimate threat to national security? .
The more fundamental issue is surely the effectiveness of MI5’s in-house vetting section. How did the A4 officer’s marriage to a prostitute escape their notice? The section responsible, C4, checks the backgrounds of employees to the nth degree – a system called “Developed Vetting”. Any character “defects” must be picked up via an extensive series of checks.
In the wake of this scandal, an inevitable unnamed senior Whitehall source was quoted as saying “I cannot talk about individual cases, but we do expect high standards of behaviour from all staff at all times, both professionally and privately”.
Well, sort of….
When I was recruited in 1991, MI5’s primary concern was that unknown transgressions could lead to blackmail. If the misdemeanours were minor but admitted, MI5 tended to turn a blind eye.
In the 1990s MI5 still had an official policy of not employing homosexuals. As late as the 1980s, homosexuality had been deemed by the service to be a “character defect”, as well as a potential source of blackmail. As you sign away your employment rights when you join MI5, there was no point in anyone crying “discrimination”. The position changed in 1995, and one brave soul did step out of the closet at the time. Also, when I worked there, dope-smoking was commonplace amongst young officers – and some coughed (if you’ll pardon the pun) to this during their vetting interviews. No action was taken. Similarly, infidelity was a vetting offense, but many (married) officers were at it like the proverbial rabbits.
Perhaps it has tightened up since my day. However, this seems unlikely given the recent scandal. How can we expect MI5 to adequately protect this country when it can’t even police its own staff?
Straw Man
The government is pushing through yet another piece of legislation designed to provide “public service honesty, integrity and independence” to the British people. As part of this strategy, the draft Constitutional Renewal Bill even contains a section to provide protection for government whistleblowers. Needless to say, spies are automatically excluded (see section 25 (2) of the draft Bill).
The draft Bill states that any whistleblowers from within the ranks of MI5, MI6 and GCHQ will be dealt with internally. This has always been the case for MI5 and 6 (despite the government’s breathtaking lies during the Shayler case that he could have gone to any crown servant with his concerns). However, in the case of GCHQ, this Bill will take away employees’ rights to go to an independent Commissioner, to bring it into draconian line with its sister agencies.
So, to put this bluntly, those in our intelligence agencies who experience ethical qualms about their work or, even worse, witness crimes, will have to take their concerns to the head of the very agency committing these crimes. Let’s guess how far these complaints will go.
Now, some might say that it’s naïve to think that the intelligence agencies don’t commit illegal or unethical acts. All I can say to that is — grow up. James Bond is a myth. Even the bad old days of the Cold War when, as former MI5 officer Peter Wright put it, MI5 could “bug and burgle its way around London” with impunity are long gone. The 1985 Interception of Communications Act (and subsequent legislation), the 1989 Security Service Act, and the 1994 Intelligence Services Act, have put paid to that. In line with basic human rights, the spies now have to apply for ministerial permission based on, ahem, a solid intelligence case, to aggressively investigate a target.
During the 10 month period of my recruitment to MI5 in 1990, I was repeatedly told that the organisation had to obey the law; that it was evolving into a modern counter-terrorism agency. If that is indeed the case, then why is MI5 still to this day not accountable in the same way as the Metropolitan Police Special Branch, which does the same work?
And who is the brave politician ensuring that our intelligence community can remain shrouded in secrecy and protected from criticism by the full force of the law? Stand up Justice Minister Jack Straw.
It just remains for me to say that Straw has a certain history in this area. In 1997, when Shayler blew the whistle, Straw was the Home Secretary, the government minister charged with overseeing MI5. One of Shayler’s early disclosures was that MI5 held files on a number of politicians, including Straw himself. Did Straw demand to see his file in angry disbelief? No, he meekly did the spies’ bidding and issued a blanket injunction against Shayler and the UK’s national media.
But think about it — this is a classic Catch 22 situation. Either MI5 was right to open a file on Straw because he was a political subversive and a danger to national security – in which case, should he not have immediately resigned as Home Secretary? Or MI5 got it wrong about Straw. In which case he should have been investigating this mistake and demanding to know how many other innocent UK citizens had files wrongly and illegally opened on them.
But Straw did neither. Perhaps he was worried about what the spies could reveal about him? It’s interesting that he is yet again rushing to protect their interests….
CCTV doesn’t prevent crime
So, the argument about CCTV and our big brother society rumbles on. A senior policeman, Detective Chief Inspector Mick Neville of the Visual Images, Identifications and Detections Office (Viido) at New Scotland Yard, has been quoted as saying that only 3 per cent of crimes have been solved by CCTV evidence. Despite the UK having the highest per capita number of CCTVs in the world, this brave new world has failed to make us safer.
A few other police forces, and naturally the security companies flogging the kit, say that CCTV has at least dramatically reduced opportunistic crimes. Who should we believe?
What cannot be disputed is the fact that there are well over 4,000,000 CCTVs in this country, and the organisation, Privacy International, assesses that we are the most watched citizenry in Europe.
While some law-abiding citizens say they feel intimidated by CCTV and how the information could potentially be misused, most people seem not to care. In fact, the majority apparently feel safer if they can see CCTV on the streets, even if this pervasive surveillance has in no way discouraged crimes of violence. So why this gap between perception and reality?
One of my pet theories has always been to blame Big Brother. No, not the book. I have always been flummoxed by the popularity of the TV show and the plethora of reality TV spin-offs. My instinctive reaction was that it was similar to being “groomed” to accept round-the-clock intrusion into our personal lives. More than accept – desire it. The clear message is that such surveillance can lead to instant fame, wealth and access to the Z‑list parties of London. And for that we are sleep-walking into a real Orwellian nightmare.
Slightly flippant theories aside, it is interesting that one of the most cited examples of the need for CCTV was the Bishopsgate bombing in London in 1993. In this case a lorry bomb, filled with a tonne of home made explosive (HME) was detonated in the heart of the city of London by the IRA. One person was killed, many were injured, and hundreds of millions of pounds worth of damage was caused, not to mention the fact threat the IRA scored a huge publicity coup.
But this had nothing to do with the lack or otherwise of CCTV in the streets of the City. It was an intelligence failure, pure and simple.
This attack could and should have been prevented. It occurred while I was working in MI5, and it was widely known in the service at the time that the bomber should have been arrested six months before during a surveillance operation. Despite the fact that he was seen checking out another lorry bomb in storage, he was allowed to walk free and escape to the Republic of Ireland due to procedural cock-ups. Months later, he returned to the City and bombed Bishopsgate.
By relying increasingly on technologies to protect us, we are following in the footsteps of the Americans. They have always had an over-reliance on gadgets and gizmos when seeking to investigate criminals and terrorists: satellite tracking, phone taps, bugs. But this hoovering up of information is never an adequate replacement for precise investigative work. Plus, any criminal or terrorist worth their salt these days knows not to discuss sensitive plans electronically.
Scatter-gun approaches to gathering intelligence, such as blanket surveillance, still at this stage require human beings to process and assess it for evidential use. That, according to DCI Neville, is part of the problem. There is just too much coming in, not enough staff, insufficient co-operation between forces, and the job lacks perceived status within the police.
The other problem of an over-reliance on technology is that it can always be hacked. The most recent hacking has broken the RFID chips that we all carry in our passports, Oyster cards and the planned ID cards. New technologies cannot guarantee that our personal data is secure, so rather than protecting us, they make us more liable to crimes such as identity theft.
So once again national and local government bodies have rushed to buy up technology, without fully thinking through either its application or its usefulness. And without fully assessing the implications for a free society. Just because the technology exists, it does not mean that it is fit for purpose, nor that it will make us safer.
Spies and the Law
For context, here’s a little bit of background information about the UK’s spy agencies, and the legal constraints within which they are supposed to operate.
There are three primary agencies: MI5 (the UK Security Service), MI6 (Secret Intelligence Service — SIS) and GCHQ (the Government Communications HQ). Beyond this inner circle, there is the Metropolitan Police Special Branch (MPSB), the special branches of every other police force in the UK, military intelligence, and Customs, amongst others.
MI5 and MI6 were set up in 1909 during the build up to the First World War, when their remit was to uncover German spies. For the next 80 years they didn’t officially exist and operated outside the law.
In 1989 MI5 was put on a legal footing for the first time when parliament passed the Security Service Act. This stated that it had to work within legal parameters, and if it wanted to do something that would otherwise be illegal, such as breaking into and bugging someone’s house, it had to get the written permission of its political master, the Home Secretary. Without that, MI5 would be breaking the law just as you or I would be.
MI6 and GCHQ were not put on a legal footing until the 1994 Intelligence Services Act, and are answerable to the Foreign Secretary. The same Act also set up the Intelligence and Security Committee in Parliament as a sop to democratic oversight. The ISC is responsible for overseeing the policy, finance and administration of the three agencies. It has absolutely no remit to look at their operational running, nor can it investigate alleged crimes committed by them. Even if it could, the ISC has no power to call for witnesses or demand documents from the spooks. Moreover, the committee is appointed by the Prime Minister, answerable only to him, and he can vet its findings. Much of the ISC’s annual reports are blanked out.
When I was recruited by MI5 in the early 1990s, the organisation was at great pains to explain that it worked within the law, was accountable, and its work was mainly investigating terrorism. Once I began working there, this quickly proved to be untrue. MI5 is incompetent, it breaks the law, connives at the imprisonment of innocent people, illegally bugs people, lies to government (on whom it holds personal files) and turns a blind eye to false flag terrorism. This is why I resigned and helped to blow the whistle.
With all this hysteria about the threat from Al Qaeda, and the avalanche of new powers and resources being thrown at the spooks, as well the erosion of our liberties, we need to keep a cool head. Why don’t our politicians take a step back and ask what precisely are the scale and nature of the threats facing this country, and how can we best police them? As Sir Ian Blair recently showed, we cannot take the security forces’ words about this at face value.
There’s a lot of historic baggage attached to MI5 and 6, particularly after their dirty tricks against the left in the 1980s. As they are now primarily doing a policing job against terrorism, why not just clear the decks and start again? Set up a dedicated counter-terrorism agency, which is properly accountable to parliament, as the police already are and the spies are not.
As it stands the UK has the most secretive intelligence agencies in the western world. They are exempt from the Freedom of Information Act, and protected by the draconian Official Secrets Act. The 1989 OSA makes it a criminal offence for anyone to blow the whistle on crimes committed by the spies, and it is no longer possible for a whistleblower to argue that they acted in the public interest.
No other western democracy has spies who are quite so unaccountable, nor so protected from scrutiny by the law. The closest analogies are probably the intelligence agencies of countries such as Libya or Iran. Particularly as we now know that MI5 and MI6 officers are conniving in extraordinary rendition and the use of torture.
Are they legal? Yes, now, in theory. Do they abide by the law? Only when it suits them. Are they ethical? Absolutely not.
UK Police Chief Misleads MPs
An interesting article appeared in The Sunday Times today, stating that Britain’s top policeman, the Commissioner of the Metropolitan Police Sir Ian Blair, had “unwittingly” misled the parliamentary Intelligence and Security Committee about the need to increase the period of detention without charge for terrorist suspects in the UK from 28 to 42 days. Blair claimed that 12 major terrorist operations had been foiled in Britain since 2005. In fact, the article reports that only 6 plots have been stopped. Blair has had to issue a grovelling apology via the Press Association for this, umm, gaffe.
But the article neglects to tell us how and why this new information came to light. So allow me to speculate.
The Met, along with its shadowy cohorts in MI5, is entrusted with protecting Britain from terrorist threats. Since 9/11 and the all-pervasive war on terror, Britain’s security forces have been granted sweeping new powers, resources and a huge increase in staffing levels to do this job. To ensure this is justified, they are continually telling us of the huge threat we face from terrorism and how successful they are in protecting us. It is in their interests to talk this up.
Meanwhile, over on the south bank of the river, MI6 continues to suffer from the loss of prestige brought about by its mistakes and lack of good intelligence in the run-up to the Iraq invasion. There is no love lost between these three agencies, as they compete for power and resources. So, to use a good civil service phrase, I cannot rule out the possibility that someone in MI6 leaked this information to have a pop at the Met and MI5.
However, there is a more serious aspect to this incident. But for this information emerging, MPs and public alike would have had no way of knowing that the perceived threat from terrorism had been grossly inflated in order for the police to gain yet more powers. We would have had to take Sir Ian’s word.
Well, we’ve been here before many, many times, most notoriously when the intelligence agencies would have us believe that Saddam had WMD that could attack British interests with 45 minutes. This, of course, led to the Iraq war and the deaths of hundreds of thousands of innocent men, women and children.
So how can we ensure we are told the truth by the spies? Well, greater accountability and effective parliamentary oversight would be a step in the right direction. But we don’t just need the correct mechanisms in place in parliament. We also need MPs with the knowledge, intelligence and integrity to ask the difficult questions when faced with bogus assertions.
British Spies and Torture
On 30th April, The Guardian newspaper reported that yet another man, picked up in a British counter-terrorism operation in Pakistan, has come forward claiming that he was tortured by the Pakistani intelligence agency, the ISI, with the collusion of British spooks
This is part of a growing body of evidence indicating that British intelligence officers are continuing to flout the law in one of the most heinous ways possible, the prolonged torture of another human being. Allegations have been emerging for years that detainees of notorious camps such as Guantanamo and Abu Ghraib have heard British voices either during the interrogation sessions or directing the line of questioning. Many of these detainees are also the victims of “extraordinary rendition”, in itself an extraordinarily euphemistic phrase for the kidnapping and transportation of terrorist suspects to Third World countries where they can be held indefinitely and tortured with impunity.
This is a situation that haunts me. I worked as an intelligence officer for MI5 in the 1990s, before leaving to blow the whistle. Perhaps I worked with some of the people now directly involved in torture? Perhaps I was even friends with some of them, met them for drinks, had them round for dinner? How could young, idealistic officers, committed to protecting their country by legal means, make that personal moral journey and participate in such barbaric acts?
These questions ran through my head when, in 2007, I had the honour to meet a gentle, spiritual man called Moazzam Begg. He is a British citizen who went to Pakistan with his family to help build a school. One night, his door was broken down, and he was hooded, cuffed and bundled out of his home by Americans, in front of his hysterical wife and young children. That was the last they saw of him for over 3 years. Initially he was tortured in the notorious Bagram airbase, before ending up in Guantanamo, which he said was a relief to reach as the conditions were so much better. Needless to say, he was released with out charge, and is now suing MI5 and MI6 for compensation. He has also written a book about his experiences and now spends his time helping the campaign, Cage Prisoners.
Britain was the first state to ratify the European Convention of Human Rights, which includes Article 3 — no one shall be subjected to torture or to inhuman or degrading treatment or punishment. It is impossible for a state to derogate from this article. So how and why has Britain stooped to the level that it will apparently participate in such activity? The “apocalyptic scenario” much loved by apologists of torture, where a terrorist has to be broken to reveal the location of the ticking bomb, occurs only in fantastical TV dramas like “24”, never in real life.
In the 1990s the accepted MI5 position was that torture doesn’t work. This was a lesson the UK security forces had learned the hard way in 1970s Northern Ireland. Then, IRA suspects had been rounded up, interned without trial and subjected to what the Americans would no doubt nowadays call “enhanced interrogation techniques”. But the security forces got it wrong. The vast majority of internees were arrested on the basis of the flimsiest intelligence and had no links whatsoever with the IRA. Well, at least when they entered prison. Internment proved to be the best possible recruiting drive for the IRA.
So why has this thinking changed? I would suggest this is part of a core problem for MI5 – the shroud of secrecy within which it continues to operate and the complete lack of accountability and oversight for the organisation. There is no ventilation, no constructive criticism, no debate. Once a new doctrine has been adopted by the leadership, in slavish imitation of US policy, it rapidly spreads throughout the organisation as officers are told to “just follow orders”. To do anything else is career suicide. This leads to a self-perpetuating oligarchy where illegal or unethical behaviour is accepted as the norm.
Of course, you may well argue that a spy organisation has to operate in secret. Well, yes and no. Of course it needs to protect sensitive operational techniques, ongoing operations and the identities of agents. However, beyond that it should be open to scrutiny and democratic accountability, just as the police anti-terrorism branch is. After all, they do virtually the same work, so why should they be any less accountable?
The tradition of UK spies operating in absolute secrecy is a hangover from the bad old days of the cold war, and is utterly inappropriate to a modern counter-terrorist organisation. Increased openness and accountability is not only essential in a modern democracy, it also ensures that the spies cannot continue to brush their mistakes and criminality under the carpet. Britain deserves better from those charged with protecting its national security.
The UK Spies: Ineffective, Unethical and Unaccountable
The text of my article for e‑International Relations, March 2008:
The UK Intelligence Community: Ineffective, Unethical and Unaccountable
The USA and the UK are enmeshed in an apparently unending war of attrition – sorry peacekeeping — in Iraq. Why? Well, we may remember that the UK was assured by former Prime Minister Tony Blair, in sincere terms, that Saddam Hussein possessed weapons of mass destruction which could be deployed again British interests within 45 minutes. Indeed the press was awash with “45 minutes from Armageddon” headlines on 18th March 2003, the day of the crucial war debate in the British parliament. The implication was that Britain was directly at threat from the evil Iraqis.
The US varied the diet. George Bush, in his State of the Union address before the war, assured his nation that Iraq had been attempting to buy material to make nuclear weapons from Niger. The American media and public fell for this claim, hook, line and sinker.
What do these two erroneous claims have in common? Well, both were “sexed up” for public consumption.
We all know now that there never were any WMDs to be found in Iraq. After 10 years of punitive sanctions, the country simply didn’t have the capability, even if it had the will, to develop them. The Niger claim is even more tenuous. This was based on an intelligence report emanating from the British Secret Intelligence Service (commonly know as SIS or MI6), which was based on forgeries.
We have had headline after screaming headline stating that yet another terrorist cell has been rounded up in Britain. The Ricin plot? The beheading of a British Muslim serviceman? The liquid bombs on airplanes? Yet, if one reads the newspapers carefully, one finds that charges are dropped quietly after a few months.
So, why is this happening? I can hazard a few guesses. In the 1990s I worked for 6 years as an intelligence officer for MI5, investigating political “subversives”, Irish terrorists, and Middle Eastern terrorism. In late 1996 I, with my then partner and colleague David Shayler, left the service in disgust at the incompetent and corrupt culture to blow the whistle on the UK intelligence establishment. This was not a case of sour grapes – we were both competent officers who regularly received performance related bonuses.
However, we had grown increasingly concerned about breaches of the law; ineptitude (which led to bombs going off that could and should have been prevented); files on politicians; the jailing of innocent people; illegal phone taps; and the illegal sponsoring of terrorism abroad, funded by UK tax-payers.
The key reason that we left and went public is probably one of the most heinous crimes – SIS funded an Islamic extremist group in Libya to try to assassinate Colonel Gaddafi in 1996. The attack failed, but killed innocent people. The attack was also illegal under British law. The 1994 intelligence Services Act, which put SIS on a legal footing for the first time in its 80 year history, stated that its officers were immune from prosecution in the UK for illegal acts committed abroad, if they had the prior written permission of its political master – ie the Foreign Secretary. In this case they did not.
So, the assassination attempt was not only immoral, unethical and highly reckless in a volatile area of the world, but also illegal under British law.
In August 1997 we went public in a national British newspaper about our concerns. We hoped that the newly-elected Labour government would take our evidence and begin an investigation of the intelligence agencies. After all, many Labour MPs had been on the receiving end of spook investigations in their radical youth. Many had also opposed the draconian UK law, the Official Secrets Act (OSA 1989), which deprived an intelligence whistleblower of a public interest defence.
However, it was not to be. I have no proof, but I can speculate that the Labour government did the spies’ bidding for fear of what might be on their MI5 files. They issued an injunction against David and the national press. They failed to extradite him from France in 1998 but, when he returned voluntarily to face trail in the UK in 2000, they lynched him in the media. They also ensured that, through a series of pre-trial legal hearings, he was not allowed to say anything in his own defence and was not able to freely question his accusers. Indeed the judge ordered the jury to convict.
The whole sorry saga of the Shayler affair shows in detail how the British establishment will always shoot the messenger to protect its own interests. If the British government had taken Shayler’s evidence, investigated his disclosures, and reformed the services so that they were subject to effective oversight and had to obey the law, they may well be working more efficiently to protect us from threats to our national’s security. After all, the focus of their work is now counter-terrorism, and they use the same resources and techniques as the police. Why should they not be subject to the same checks and balances?
Instead, MI5 and SIS continue to operate outside meaningful democratic control. Their cultures are self-perpetuating oligarchies, where mistakes are glossed over and repeated, and where questions and independent thought are discouraged. We deserve better.