Iran threat ramped up

The Sunday Times repor­ted last week­end that Sir John Scar­lett, the cur­rent head of MI6, is to fly to Israel at the end of the month to meet his counter-part, Meir Dagan, the head of Mossad. White­hall has tried to down­play the meet­ing as “routine”. How­ever, the focus of the meet­ing appears to be to dis­cuss Israel’s assess­ment of Iran’s nuc­le­ar capability.

In recent years the neo-cons in power in the US have made no secret of their desire to “fin­ish the job” in the Middle East and attack Iran. For the last two years there has been much sabre-rat­tling on both sides. The polem­ics from the US usu­ally coin­cided with Iran’s plans to trade increas­ing amounts of its oil in euros. The south west region of Iran has vast oil reserves, and if Iran switched trad­ing cur­ren­cies, this would have an extremely det­ri­ment­al effect on the power of the petro­dol­lar, and the Amer­ic­an eco­nomy as a whole.

Lest we for­get, Sad­dam Hus­sein had also begun to trade in euros what little oil he could pri­or to the Iraq war in 2003. Scar­lett, a career MI6 officer, played a lead­ing role in mak­ing the case for that war. At the time he was Chair of the Joint Intel­li­gence Com­mit­tee, and came to pub­lic atten­tion when he signed off the notori­ous Septem­ber Dossier. It has since become appar­ent that Iraq did not have WMD, nor was it try­ing to acquire urani­um from Niger, as MI6 had stated in the dossier. This claim was based on forged documents.

So the tim­ing of the new Israeli intel­li­gence is inter­est­ing, to say the least. Last week, Iran announced that it was going to trade ALL its oil in euros and the yen, and Israel appears to be furi­ously lob­by­ing the US and UK about Iran’s increas­ing nuc­le­ar threat. Israeli intel­li­gence sources are claim­ing that they have inform­a­tion “on a par with” that which led to the bomb­ing of the Syr­i­an nuc­le­ar power station.

Based on this, they are ask­ing the US gov­ern­ment to reas­sess the level of threat posed by Iran. In Decem­ber 2007 the com­bined think­ing of the whole of America’s intel­li­gence infra­struc­ture was pub­lished in the US Nation­al Intel­li­gence Estim­ate. It clearly stated that Iran had stopped devel­op­ing its nuc­le­ar weapons pro­gramme in 2003 because of inter­na­tion­al pressure.

But the appar­ent tri­umph of inter­na­tion­al dip­lomacy does not suit the agenda of the hawks in the US admin­is­tra­tion. What could be bet­ter than to have the spy agen­cies of its closest allies con­veni­ently reveal new intel­li­gence say­ing that Iran now poses an increas­ing nuc­le­ar threat?

The (Il)legal Road to War

Yet anoth­er art­icle has appeared about the mess that is the wars in Afgh­anistan and Iraq. Max Hast­ings, writ­ing in the Daily Mail yes­ter­day, described how our sol­diers in Afgh­anistan feel that the con­tin­ued con­flict is point­less if there is no clear polit­ic­al strategy to resolve the situation.

The Brit­ish army is over­stretched, appar­ently at the behest of the USA. Accord­ing to the art­icle, our mil­it­ary badly needs to redeploy both nor­mal troops and the SAS from Iraq to Afgh­anistan, but the US is unwill­ing to allow this to hap­pen for polit­ic­al reas­ons. The Amer­ic­ans also appear to be mak­ing shame­less use of the SAS.

So, let’s remind ourselves of how we got into this mess. At an inform­al meet­ing with Bush in 2002, Blair uni­lat­er­ally com­mit­ted this coun­try to sup­port the Amer­ic­an inva­sion of Iraq. Without the sup­port of Blair, Bush could not have pre­ten­ded that he had a mean­ing­ful inter­na­tion­al coali­tion to invade Iraq.

Hav­ing made this prom­ise, Blair needed to deliv­er. Intel­li­gence mater­i­al, rather than being used to inform policy mak­ing, was manip­u­lated to fit around pre-determ­ined decisions. This was sum­mar­ised clearly by the then head of MI6, Sir Richard Dear­love, in the notori­ous leaked “Down­ing Street Memo”, in which he is quoted as say­ing that the intel­li­gence and facts were being fixed around the policy.

Fol­low­ing on from this came the Septem­ber Dossier, which not only placed undue emphas­is on the claim that WMD could be launched against Brit­ish interests in 45 minutes, but also the fake intel­li­gence that Sad­dam was try­ing to pro­cure urani­um from Niger. And finally, we had the Dodgy Dossier of Feb­ru­ary 2003, based largely on a 12 year old PhD thes­is culled from the inter­net, but which also con­tained nug­gets of raw intel­li­gence from MI6. Inter­est­ingly, it has been estab­lished by the For­eign Affairs Select Com­mit­tee in par­lia­ment that Blair did not have pri­or writ­ten per­mis­sion from MI6 to pub­lish this intel­li­gence, which leaves him wide open to pro­sec­u­tion under Sec­tion 1(1) of the 1989 Offi­cial Secrets Act.

These are the false asser­tions that inex­or­ably took this coun­try to war. But even if these claims had been true, aggress­ive war is illeg­al under both inter­na­tion­al and Brit­ish law. A raft of legis­la­tion pro­hib­its our coun­try enga­ging in any mil­it­ary action except in self-defence:

Just Foreign Policy Iraqi Death EstimatorThe Gen­er­al Treaty for the Renun­ci­ation of War (Kel­logg-Bri­and Pact)
The United Nations Charter
The Nurem­burg Judgment
The Nurem­burg Principles
The Rome Stat­ute of the Inter­na­tion­al Crim­in­al Court
The UK’s Inter­na­tion­al Crim­in­al Court Act 2001

The Iraq and Afghan wars are unwinnable and illeg­al. It is time for the people of the UK to inform them­selves of the laws of war and demand that they be upheld. We are all equal under the law – even the former Prime Min­is­ter. Every day we delay res­ults in the deaths of more of our ser­vice­men and of yet more inno­cent people in the Middle East.

.

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.

 

Spies,Lies and Whistleblowers: MI5 and the David Shayler Affair

My book about the Shayler affair (includ­ing the MI6 plot to assas­in­ate Col. Gad­dafi) and my exper­i­ences as an Intel­li­gence Officer in MI5.

I was invited on to “The Richard and Judy Show” in 2005 to talk about my book, and it is fea­tured on the show’s web­site.

Wil­li­am Pod­more was kind enough to review my work:

In this remark­able book, Annie Machon makes ser­i­ous alleg­a­tions against the Brit­ish state’s intel­li­gence ser­vices, MI5 and MI6. Ms Machon and her part­ner Dav­id Shayler are former high-rank­ing MI5 officers, both now retired from the ser­vice. The book’s alleg­a­tions derive from their exper­i­ences and deserve at least to be the sub­ject of inquiry.

She asserts that MI5 has illeg­ally invest­ig­ated thou­sands of Brit­ish cit­izens for their polit­ic­al views; that there was col­lu­sion between the Army Forces Research Unit and loy­al­ist ter­ror­ists; that MI5 failed to stop four major ter­ror­ist attacks in Bri­tain, even though it had reli­able evid­ence; and that MI5 and MI6 let a known Liby­an ter­ror­ist into Bri­tain and let him set up a ter­ror­ist net­work here.

She alleges that MI6’s counter-Ira­ni­an sec­tion used the Sunday Tele­graph (and the journ­al­ists Con Cough­lin, John Simpson and Domin­ic Lawson) to try to blame Iran for the 1988 Lock­er­bie bomb­ing, the destruc­tion of flight PA103. MI6 was try­ing to deflect atten­tion from the fact that it was actu­ally a Liby­an retali­ation for the US bomb­ing of Tripoli (backed by Thatch­er) in 1986.

The book’s most sig­ni­fic­ant alleg­a­tion is that MI6 illeg­ally paid tens of thou­sands of pounds to Al-Qa’ida in 1995–96 to assas­sin­ate Col­on­el Gad­dafi and seize power in Libya. In the attemp­ted coup, sev­er­al inno­cent civil­ians and secur­ity police were killed. If this is true, MI6, a Brit­ish state agency, sponsored our ter­ror­ist enemies in a con­spir­acy to murder, which res­ul­ted in the killing of inno­cent civilians.

But Blair refuses to hear any evid­ence against the intel­li­gence ser­vices, and pro­sec­utes and har­asses crit­ics and whis­tleblowers. The Intel­li­gence and Secur­ity Com­mit­tee, set up under the 1994 Intel­li­gence Ser­vices Act to over­see the ser­vices, is no use, because it is appoin­ted by and reports only to the Prime Minister.

The intel­li­gence ser­vices should work under the rule of law and respect demo­crat­ic rights. Ter­ror­ist sus­pects should be arres­ted and brought to tri­al under crim­in­al law, not detained, or executed, without tri­al, as has happened in North­ern Ire­land and elsewhere.

The intel­li­gence ser­vices are sup­posed to pro­tect us, but it would appear that they have instead con­nived in ter­ror­ism, put­ting us at great­er risk of ter­ror­ist attack.

The Cam­paign for Press and Broad­cast­ing Free­dom (CPBF) also high­lighted it.

The book can be ordered through Amazon.

Lecture: What can we do to counter the Spies?

My CCC talk in Ber­lin in Decem­ber 2007 about the role of Intel­li­gence agen­cies in society.

In the name of pro­tect­ing nation­al secur­ity, spy agen­cies are being giv­en sweep­ing new powers and resources. Their intel­li­gence has been politi­cised to build a case for the dis­astrous war in Iraq, they are fail­ing to stop ter­ror­ist attacks, and they con­tin­ue to col­lude in illeg­al acts of intern­ment and tor­ture, euphemist­ic­ally called “extraordin­ary rendi­tion”. Most west­ern demo­cra­cies have already giv­en so many new powers to the spies that we are effect­ively liv­ing in police states. As an informed com­munity, what can we do about this?

Here is the present­a­tion page on the CCC-2007-web­site. A video of the talk can be down­loaded from the talk-page or watched dir­ectly through Google-video. I was hon­oured to receive a stand­ing ova­tion at the end of my talk.  A write-up of the talk can be found here.  Enjoy!

Emel Magazine, November 2007

Inter­view in Emel Magazine, Novem­ber 2007

Table Talk

Espi­on­age, intrigue and life-on-the-run are all part and par­cel of Annie Machon’s his­tory. Sad­ia Chow­dhury speaks to the former MI5 agent about the con­sequences of expos­ing what goes on behind the scenes at one of the world’s most renowned secret
services.

It was the Sat­urday night of the August bank-hol­i­day  week­end in 1997 when Annie Machon and her boy­friend packed their bags and took the first two seats they could find out of Bri­tain.  They had spent the last ten months of
their lives try­ing to settle into their new jobs know­ing that a day would come when they would blow the whistle on  their former employer
and turn their lives upside down.

Machon had turned her back on a six-year career as a spy to stand by the man she loved.  Her boy­friend was Dav­id Shayler, a high-fly­ing MI5 officer who exposed, what he said, was the Intel­li­gence Ser­vice’s plot to assas­sin­ate the Liby­an lead­er, Muam­mar Gaddafi.

The two are no longer togeth­er but as we meet for cof­fee in a Lon­don hotel, Machon shows no regret at the way things took shape.  Dressed entirely in black, it’s her sun­shine blonde hair that lights up an oth­er­wise dull back­ground to the city’s scaf­fold-clad landscape.

Her life as an MI5 officer was no James Bond film, but you can still see that Machon is the per­fect spy.  With an unsus­pect­ing face and a hand­shake that feels like you have known her all your life, the 39 year old cam­paign­er res­cinds the myth of the glam­or­ous, mar­tini-sip­ping spy world.  “No, it’s much, much more mundane”, she laments before telling me that much of the job can con­sti­tute mind numb­ing behind-the-desk work.

But unknown to Machon at the time, a career that star­ted off as a simple applic­a­tion to work for the For­eign Office, soon developed into a plot fit for a block­buster Hol­ly­wood movie.

My first reac­tion was ‘It’s MI5!’  I was really quite frightened”, she says, recall­ing a let­ter from the Min­istry of Defence which offered her altern­at­ive jobs with the Intel­li­gence Ser­vices.  “My fath­er was with me when I opened the lat­ter and he just said ‘let’s see what happens’. ”

What ‘happened’ was ten months of intens­ive applic­a­tion pro­cesses for the Cam­bridge Clas­sics stu­dent to under­go at the estab­lish­ment. Recov­er­ing from a post-Cold War repu­ta­tion marred with embar­rass­ing rev­el­a­tions and intel­li­gence fail­ures, Machon says her recruit­ers insisted they were aim­ing to work with­in the leg­al frame­work for the
first time.

It was 1990, only one year after the Secur­ity Ser­vice Act placed the Ser­vice on a statutory
basis: a fact that helped Machon believe what she was being told. “They were say­ing ‘we obey the law, we work with­in the law; we don’t do all the polit­ic­al stuff like we used to’.  But unfor­tu­nately my first post­ing was in the polit­ic­al sec­tion so I learnt quite quickly that they had lied to me.”

Machon con­fesses a scep­tic­al atti­tude soon developed after she was instruc­ted to uncov­er “old com­mun­ists” sum­mar­ising files on any­body who stood for par­lia­ment in the 1992 elec­tions.  Shar­ing her strong con­cerns was one Dav­id Shayler, a former Sunday Times journ­al­ist who had worked with her in F2, the counter-sub­ver­sion sec­tion of MI5.

With­in a year, the two fell in love — a bond that was to see them stand togeth­er against what she describes as a cata­logue of errors and crimes com­mit­ted by MI5.  “There was a lot of con­cern about how MI5 was­n’t obey­ing the law and how it was get­ting its pri­or­it­ies wrong,” Machon says, hasten­ing to add that oth­er officers had approached man­age­ment with their con­cerns only to be told to shut up.  “Most organ­isa­tions are pyr­am­id shaped and MI5 has this bulge in the middle, full of man­agers who aren’t going any­where because they’re not very good at their jobs.  But they don’t get sacked and they were the ones block­ing a lot of the new ideas that were com­ing in.”

One con­sequence of this incom­pet­ence, Machon explains, left MI5 with blood on its hands. Machon and Shayler were moved to T Branch, where they worked on coun­ter­ing Irish ter­ror­ist threats.  Shayler was to claim later that MI5 could have pre­ven­ted the 1993 IRA bomb­ing of Bish­opsgate in the City of Lon­don, which left one dead and 44 injured.

You’re in the fir­ing line,” Machon tells me plainly, paus­ing a moment as the wait­ress brings cof­fee to our table.  She goes on to describe the events that lead her to leave MI5 before slowly push­ing down on the fil­ter.  It was still the early 1990s and Machon’s part­ner Shayler was now head of the Liby­an desk, respons­ible for ‘Middle East­ern terrorism’.

He was allegedly briefed by his MI6 coun­ter­part about a plot to assas­sin­ate the Liby­an lead­er.  It is thought the plan involved fund­ing and equip­ping a Liby­an oppos­i­tion group which Machon describes as an “Islam­ic extrem­ist net­work” to carry out the deed.  In March 1996, a bomb exploded in the coastal city of Sirte, miss­ing Gad­dafi’s motor­cade but killing sev­er­al civil­ians.  Shayler claimed that MI6 had been involved in the failed assas­sin­a­tion attack without the author­isa­tion of the then for­eign sec­ret­ary — as
required under Eng­lish and inter­na­tion­al law.  The Intel­li­gence Ser­vices denied any involve­ment in this, or sev­er­al oth­er cases that Shayler accuses the Ser­vice of being com­pli­cit in.  One of those incid­ents took place in July 1994, when a car bomb exploded out­side the Israeli embassy in Lon­don injur­ing 20 people: an attack Shayler says had pri­or know­ledge of and could have prevented.

Half-way through her cof­fee, Machon goes back to the events of 1996 when she and Shayler decided to leave.  “It was incre­ment­al because you got pos­ted every two years to a new sec­tion and you think ‘okay, that sec­tion was wrong but the new sec­tion has dif­fer­ent man­agers and is going to be bet­ter’.  But we moved three times and every time we saw the same mis­takes hap­pen.  Then the Gad­dafi plot pushed our decision to leave.”  Nor was it just Shayler and Machon who quit the Intel­li­gence Ser­vice that year.  Four­teen oth­er officers who had all been recruited around the same time left MI5 in the same year — up from an aver­age of two or three depar­tures a year.

It took about a year to get the whole thing work­ing.  After about ten months, we got this
phone call — Dav­id was called by The Mail on Sunday to meet the edit­or and we were giv­en three days notice that our lives were going to be turned upside down.”  Machon recalls how the Mail’s edit­or offered Shayler cash to leave the coun­try and avoid arrest.
“At that stage after a year of build-up, we just packed up and left.

The couple flew out to Hol­land, then on to France, spend­ing the next month on the run mov­ing from hotel to hotel almost every night.  Machon then decided to return to the UK, and does­n’t hes­it­ate as she relates the story — one she’s prob­ably told a thou­sand times but one that still brings a look of amuse­ment to her face.  “I flew back with my law­yer John
Wadham, head of Liberty, the human rights organ­isa­tion.  He had already told the police that I was com­ing back — on which flight, at what time, and that I was going to hand myself in.  So it was a bit of a shock to be met at immig­ra­tion by six Spe­cial Branch officers who pulled me off to a counter-ter­ror­ism suite in Char­ing Cross police station!”

Machon was released after a day of ques­tion­ing and a week later joined Shayler back in
France.  “We had ten months holed up in this freez­ing cold, really remote farm house.  And dur­ing that time we tried to nego­ti­ate with the gov­ern­ment say­ing ‘look, we have all this oth­er evid­ence to give you so you can build an enquiry’, but they just strung it out, kept us quiet, and did nothing.”

It was a par­tic­u­larly stress­ful time for both Shayler and Machon; as whis­tleblowers they had depended on sup­port from the press, but with Diana’s death just a week after their story broke, Machon says they lost the sup­port that had been build­ing amongst the media.  “We did­n’t know what to do.  We had no chance of get­ting anoth­er job because once you blow the whistle, oth­er big organ­isa­tions don’t trust you.”  But does she regret what she did?  “No.  You can­’t regret any­thing in life.  I am still proud of what Dav­id and I did.  Someone has got to take a stand sometimes.”

The ques­tion is of course, wheth­er she will have trouble tak­ing that stand now: espe­cially as after a dec­ade since The Mail on Sunday art­icle was released and after hav­ing spent years on the run togeth­er, Machon and Shayler split up last year.  Dav­id Shayler now lives in Devon and fre­quents the media over a dif­fer­ent rev­el­a­tion:  his recent con­vic­tion that he is the Mes­si­ah.  In a recent tele­vi­sion appear­ance he said “As the Holy Spir­it is God incarn­ate as essence, I am God incarn­ated as spir­it and man.”  Machon takes a moment to con­tem­plate and in reac­tion to my ques­tion simply says, “The stress just got to him.”  Her answers now become short­er and short­er.  “We sep­ar­ated last year”, before adding, “I’m sure even­tu­ally we’ll regain our friendship.”

But does­n’t Machon think her former part­ner­’s claims will ruin their cred­ib­il­ity?  “I think yes, it has des­troyed his cred­ib­il­ity and I think that’s tra­gic.  It’s a gift for the intel­li­gence agency — they can turn around and say ‘oh, well, he always was mad — he’s a fantasist’,
which is unfor­tu­nate because what we were talk­ing about was so import­ant in terms of where our demo­cracy is and who really runs this country.”

A final sip of cof­fee con­cludes our meet­ing as Machon pre­pares to leave the grey city­scape back­drop for yet anoth­er appoint­ment.  Though scorn of recent rev­el­a­tions seeks to under­mine what the two ex-spies were fight­ing for, when it comes to strug­gling to unveil the truth, Annie Machon for one can­not be as eas­ily dismissed.

AltVoices Article, June 2007

My art­icle in Alt​Voices​.org, June 2007:

THE OFFICIAL SILENCING ACT

Last month the UK’s dra­coni­an secrecy laws were again used to crim­in­al­ise two hon­our­able whis­tleblowers. The UK’s supine main­stream media failed both to ques­tion the valid­ity of these con­vic­tions and to hold the gov­ern­ment to account.

by Annie Machon

On May 9 Dav­id Keogh, a 50-year-old com­mu­nic­a­tions officer in the Cab­in­et Office, and Leo O’Con­nor, 44, a research­er for an anti-war Labour MP, were con­victed of breach­ing the Offi­cial Secrets Act (1989).

Keogh’s crime was to have leaked an “extremely sens­it­ive” memo to O’Connor, detail­ing a con­ver­sa­tion about Iraq between Tony Blair and George W. Bush in April 2004.

Keogh passed the doc­u­ment to O’Connor to give to his MP in the hope it would reach the pub­lic domain, expose Bush as a “mad­man”, and lead to ques­tions in Par­lia­ment. The memo was deemed to be so secret that much of the tri­al was held in camera.

Keogh was found guilty of two breaches of the OSA, O’Connor of one, and they received sen­tences of six months and three months respectively.

This bald sum­mary of the case was all that appeared in the main­stream UK media. No doubt many people will have taken this case at face value. After all, the UK should be able to pro­tect its nation­al secur­ity and impose tough leg­al sanc­tions for treach­ery, shouldn’t it?

Except that this was not treach­ery. Keogh and O’Connor were not passing the UK’s secrets to an enemy power. They acted from con­science to expose pos­sible wrong­do­ing at the highest level.

The media should have use this tri­al to address the ongo­ing debate in the UK about the con­tinu­al use and abuse of the OSA. Unfor­tu­nately for the Brit­ish people, the media toed the offi­cial line and kept quiet.

The UK’s secrecy laws are a very Brit­ish muddle. The first OSA was enacted in 1911 to pro­sec­ute trait­ors. This law remained in place until the 1980s, when the Thatch­er gov­ern­ment was rocked by the alleg­a­tions of civil ser­vant Clive Pont­ing about a cov­er-up over the attack on the Argen­tine ship the Gen­er­al Bel­grano dur­ing the Falk­lands War.

Dur­ing his tri­al, Pont­ing relied on the pub­lic interest defence avail­able under the 1911 Act. He was acquit­ted, and the Con­ser­vat­ive gov­ern­ment imme­di­ately drew up a new law, the 1989 OSA. This new law was designed primar­ily to intim­id­ate and silence whis­tleblowers. Treach­ery is still pro­sec­uted under the 1911 Act.

The 1989 Act, opposed at the time by Tony Blair and most of the cur­rent Labour gov­ern­ment, ensures that any­one who is or has been a mem­ber of the intel­li­gence com­munity faces two years in pris­on if they dis­close inform­a­tion relat­ing to their work without per­mis­sion, regard­less of wheth­er they are blow­ing the whistle on crim­in­al activity.

Since com­ing to power in 1997, Blair’s gov­ern­ment has repeatedly used this Act to sup­press legit­im­ate dis­sent, silence polit­ic­al oppos­i­tion and pro­tect crim­in­als with­in the intel­li­gence establishment.

In 1997, MI6 whis­tleblower Richard Tom­lin­son had no option but to plead guilty dur­ing his tri­al, and was sen­tenced to six months in prison.

Around the same time MI5 whis­tleblower Dav­id Shayler dis­closed the illeg­al 1995 MI6 plot to assas­sin­ate Col­on­el Gad­dafi of Libya, as well as a string of oth­er crimes com­mit­ted by MI5.

Dur­ing his tri­al Shayler argued that, under Art­icle 10 of the European Con­ven­tion of Human Rights, legis­la­tion such as the OSA is only pro­por­tion­ate in sup­press­ing a whistleblower’s right to speak out in order to pro­tect “nation­al security”.

How­ever, his judges effect­ively ruled that this right should also be cur­tailed for “nation­al interest” con­sid­er­a­tions. This neb­u­lous concept, undefined for the pur­poses of the OSA, is routinely wheeled out to spare the blushes of politi­cians and incom­pet­ent spy agencies.

In 2002 Shayler did win from the courts the defence of “neces­sity”. How­ever, the Law Lords spe­cific­ally denied him this defence without hear­ing his evid­ence. Shayler was con­victed in Novem­ber 2002 of three breaches of the OSA and sen­tenced to six months in prison.

In 2003 the late Dr Dav­id Kelly would also have faced an OSA tri­al for his alleged com­ments about the gov­ern­ment “sex­ing up” the notori­ous dodgy dossier before the war in Iraq.

The 1989 OSA does not just apply to those in and around the intel­li­gence com­munity. Oth­er civil ser­vants, as well as journ­al­ists who pub­lish their dis­clos­ures, face the same pris­on sen­tence if the pro­sec­u­tion can prove “dam­age to nation­al secur­ity”. Keogh and O’Connor were con­victed under these pro­vi­sions, although the pro­sec­u­tion reportedly relied only on the “nation­al interest” argument.

The UK gov­ern­ment is increas­ingly con­cerned about secur­ity leaks dur­ing the unend­ing “war on ter­ror”, and is now talk­ing about doub­ling to four years the sen­tence for whistleblowing.

By fail­ing to chal­lenge this or to cam­paign for the res­tor­a­tion of the pub­lic interest defence, journ­al­ists are com­pli­cit in crim­in­al­ising hon­our­able people. The media’s craven atti­tude allows the gov­ern­ment and intel­li­gence agen­cies to con­tin­ue lit­er­ally to get away with murder.

November 2006 — Independent Interview

Forget Bond: MI5 wants cat-loving twentysomethings

Bri­tain’s spy­mas­ters are look­ing for a new kind of recruit to tackle a dif­fer­ent threat. The Inde­pend­ent’s Soph­ie Good­child and Lauren Veevers ask an ex-agent about the job.

They seek her here; they seek her there; that damned elu­sive cos­met­ic-buy­ing, weepy-watch­ing, cat-own­ing, Itali­an food-lov­ing, female couch potato with a mind like a spring trap. That is the new quarry of Bri­tain’s spymasters.

An advert­ise­ment spe­cify­ing these char­ac­ter­ist­ics has been placed in magazines by that hitherto shad­owy employ­er, the secur­ity ser­vice. It shows the back view of an Afro-haired, twenty-some­thing woman in a T‑shirt.

Those seek­ing work in the domest­ic secret intel­li­gence ser­vice, MI5, are referred to: mi5​ca​reers​.gov​.uk/​s​u​r​v​e​i​l​l​a​nce, where the invis­ible ink bri­gade says: “We par­tic­u­larly wel­come applic­a­tions from women and eth­nic minorities.”

Salar­ies for a mobile sur­veil­lance officer start at £24,121 for what MI5 describes as: “A
remark­able job, under­taken by remark­able people. But you would nev­er know to look at them. Because they need to blend into the back­ground, officers are of aver­age height, build and gen­er­al appear­ance.” The selec­tion pro­cess can take up to eight months and con­sists of intense inter­views and rig­or­ous aptitude tests.

For the post of intel­li­gence officer, hope­fuls receive a lengthy applic­a­tion form which
asks for examples of how you have worked co-oper­at­ively, used ini­ti­at­ive and judge­ment, and shown “drive and resi­li­ence”. Applic­ants who pass inter­view stages will, of course, be required to sign the Offi­cial Secrets Act.

One woman who did ful­fil the role for real is Annie Machon. Ms Machon, 38, joined MI5’s polit­ic­al and counter-ter­ror­ism depart­ment in 1991 on gen­er­al duties. Annie was so
dis­gus­ted by the secur­ity ser­vice’s fail­ings that she and her agent part­ner, Dav­id Shayler, went on the record, break­ing the Offi­cial Secrets Act. They spent two years on the run and Dav­id was jailed six months in 2002 for break­ing the Offi­cial Secrets Act.

Her advice for new recruits? “Don’t do it! When I star­ted, there were quite a few women that worked there but many of them were admin based. The main prob­lem the secur­ity ser­vices have is retain­ing agents. When Dav­id and I left, lots more did too — just not so publicly.”

The BBC’s pop­u­lar Spooks and the Amer­ic­an equi­val­ent, 24, have raised the profile
of MI5 as a female career option. But Ms Machon says, “Pro­grammes like Spooks are not really accur­ate and so glam­or­ise the job a bit, but I also think they high­light the dan­ger­ous side to the job which may put some women off. I nev­er saw the skills involved in gender terms. An officer requires a broad range of skills; intel­lect, organ­isa­tion­al skills, ana­lyt­ic­al skills and the skill to identi­fy a threat in the first place.

I don’t think that women make par­tic­u­larly bet­ter spies than men — but I sup­pose the gen­er­al per­cep­tion of an agent is male, so when inter­view­ing people they may open up more to a woman than a man.”

Ms Machon author of Spies, Lies and Whis­tleblowers: MI5 and the Dav­id Shayler Affair, said: “MI5’s wish list as far as recruits go is huge — but that does­n’t mean that the people who get through have all those things. When I was there the level of staff who were incom­pet­ent was a real worry. They have clearly broadened their recruit­ment policy but I expect that the long pro­cess with still be just as strin­gent. When I was a recruit­er we had 20,000 people apply­ing to be James Bond, but only about five got through.”

Jane Feath­er­stone, exec­ut­ive pro­du­cer of Spooks, said: “At first the intel­li­gence ser­vices were res­ist­ant, and they let that be known through former mem­bers who acted as tech­nic­al advisers on Spooks. Then they thought it might help to recruit new spies. They even used the first series to help with their advert­ising cam­paign. But they were deluged with people who thought the job involved walk­ing around in Armani sav­ing the planet.”

Mir­anda Rais­on, who plays MI5 agent Jo Port­man in Spooks, said the pro­duc­tion team tried to make the por­tray­al of female oper­at­ives as authen­t­ic as pos­sible. She said the ori­gin­al cast had met mem­bers of the intel­li­gence ser­vice to dis­cuss how to play
their roles.

They got a lot of lit­er­at­ure togeth­er from that, and since then, cast mem­bers have been giv­en a pack full of stor­ies on genu­ine oper­a­tions to learn from. There are lots of things you would­n’t expect in there: for example, how to oper­ate under­cov­er, or as a hon­eytrap — but it’s much more bru­tal than you’d imagine.”

MI5 is keen to receive applic­a­tions from eth­nic minor­it­ies to help infilt­rate Muslim ter­ror­ist groups. Its dir­ect­or gen­er­al, Dame Eliza Man­ning­ham-Buller, recently warned that MI5 is invest­ig­at­ing 30 known ter­ror plots in the UK.

Legal doublethink re whistleblowers — my CPBF article, July 2006

Thanks to Wikileaks the concept of whis­tleblow­ing is once again, rightly, back in the prime-time news slots.

To high­light the Brit­ish leg­al double­think when it comes to whis­tleblow­ing cases, I repro­duce below an art­icle I wrote in 2006 for the excel­lent UK Cam­paign for Press and Broad­cast­ing Free­dom organ­isa­tion (CPBF).

Basic­ally, the rul­ing stated that a whis­tleblower can­not repeat their own dis­clos­ures in pub­lic, even though any­one else in the world can:

Hogarth_judge In 2006 I had­n’t heard of Mr “Justice” Eady (he had yet to reach his max­im­um velo­city), but he seems to have built up of bit of form since then.  He is now most notori­ous for his pun­it­ive rul­ings in many “libel tour­ismcases and celeb sex scan­dals, not to men­tion the odi­ous concept of the super-injunc­tion, start­lingly exem­pli­fied in the Trafigura case about alleg­a­tions of dump­ing tox­ic waste off the Ivory Coast — one of Wikileak­s’s earli­er media suc­cesses.

Obvi­ously Eady, the man in charge of rul­ing on UK free­dom of expres­sion cases, was the per­son to go to if you had some­thing to hide.

Thank­fully he was replaced earli­er this year by Michael Tugend­hat QC, who flu­ently rep­res­en­ted the medi­a’s corner dur­ing the Shayler whis­tleblow­ing years, and some of Eady’s most egre­gious decisions have already been over­turned by his successor.

 

CPBF_Logo  Anoth­er suc­cess for Brit­ish justice — Annie Machon (31÷7÷06)

It was anoth­er resound­ing suc­cess for Brit­ish justice, accord­ing to Annie Machon. Mr Justice Eady gran­ted a per­man­ent injunc­tion against Dav­id Shayler in the High Court today (Fri­day 28 July). In a breath­tak­ing rul­ing, Eady stated that Dav­id was not entitled to present evid­ence or cross-exam­ine his accusers (again), but instead issued a sum­mary judge­ment based on asser­tions made by MI5.

This means that Dav­id can now only talk about a restric­ted range of dis­clos­ures — spe­cific­ally what appeared in the Mail on Sunday on 24 August 1997. This means that he can­not talk about a whole range of top­ics which are in the pub­lic domain and have already been cleared via the injunc­tion and for the pub­lic­a­tion of my book, Spies, Lies and Whis­tleblowers.

Spe­cific­ally, this means that, while I and the rest of the world can talk about state-sponsored false-flag ter­ror­ism, includ­ing the Gad­dafi plot, Dav­id is banned. Very con­veni­ent when the 911 cam­paign is tak­ing off.

The tem­por­ary injunc­tion was issued in Septem­ber 1997 on the expli­cit under­stand­ing that a full leg­al hear­ing would be needed before it could be made per­man­ent. Dav­id has now been denied this.

Also, the injunc­tion has been abused repeatedly, for example allow­ing the gov­ern­ment to spin lies against him when he wished to reveal the wrong­ful con­vic­tion of two inno­cent Palestini­ans, Samar Alami and Jawad Bot­meh, for the bomb­ing of the Israeli embassy in Lon­don in 1994. Also, when he tried to alert the gov­ern­ment to murder and a major ter­ror­ist attack organ­ised by MI6 officers in the Gad­dafi plot, he did so leg­ally via the injunction.

For his pains, he was the one thrown in pris­on in Par­is in 1998.

The injunc­tion has also repeatedly been used to intim­id­ate journ­al­ists (one of whom was tried and con­victed) and to stop the media invest­ig­at­ing the crimin­al­ity of MI5 and MI6. With this rul­ing, the judge has also abol­ished at one stroke the medi­a’s right to pub­lish whis­tleblowers’ testi­mony if they can argue it caused no dam­age to nation­al security.

If any future whis­tleblower emerges from the intel­li­gence ser­vices, and is injunc­ted, the media has lost this defence, enshrined by par­lia­ment in crim­in­al law (Sec­tion 1.5 of the OSA). And why is an injunc­tion neces­sary any­way? There already exists a crim­in­al sanc­tion under the Offi­cial Secret Act. The judge was kind enough to say that the injunc­tion was for David’s own good and would stop him hav­ing to break the OSA again! We are through the look­ing glass.

Yours in won­der­land, Annie

MI5 must back use of phone-taps

This is an art­icle of mine that appeared in The Guard­i­an on Wed­nes­day August 03 2005 .

Calls for justice

MI5 must back use of phone-taps

When I worked in MI5 in the 1990s, the use of tele­phone inter­cept mater­i­al (code­named Lin­en) was even then a hot top­ic of dis­cus­sion. Most of the new­er officers and the leg­al advisers advoc­ated its use. The MI5 old guard tried to claim that it was a sensitive
tech­nique and if used in court, tele­phone intel­li­gence would be lost.

Every­one knows tele­phone lines can be bugged. And if, in a spe­cif­ic court case, evid­ence of par­tic­u­lar sens­it­iv­ity occurred in an inter­cept, its exist­ence could be pro­tec­ted by pub­lic interest immunity certificates.

The with­hold­ing of Lin­en is a hangover from the cold war, when tele­phone taps were used purely to gath­er intel­li­gence on espi­on­age and polit­ic­al tar­gets. Now that MI5 is doing largely police-style, evid­en­tial work to bring ter­ror­ists to tri­al, it needs to update its methods.

Intel­li­gence gathered from bugs planted in a sus­pect’s prop­erty is already used as evid­ence in Brit­ish courts, although this is argu­ably a more sens­it­ive tech­nique. Most west­ern demo­cra­cies allow the use of intel­li­gence derived from tele­phone bugs.

Most Bel­marsh internees are incar­cer­ated on the basis of “secret and reli­able intel­li­gence” — ie tele­phone taps — which can­not be used in a court of law to charge them. Per­haps MI5 does not want Lin­en exposed to the scru­tiny of a court of law in these cases because the intel­li­gence is so weak.

In the early 1970s, the then prime min­is­ter, Har­old Wilson, was dis­suaded from employ­ing Judith Hart as a min­is­ter because of “secret and reli­able intel­li­gence”. It turned out that all she had done was ring up a friend who happened to work in the Com­mun­ist party HQ and call her “com­rade”, a prac­tice com­mon in leftwing circles at the time.

MI5 needs to drag itself into the 21st cen­tury and allow its intel­li­gence to be used as evid­ence. It needs to ensure that the new breed of ter­ror­ists threat­en­ing our coun­try can feel the full force of Brit­ish justice, nota bul­let in the back of the head.

Annie Machon is the author of Spies, Lies and Whis­tleblowers: MI5 and the Dav­id Shayler Affair

Sunday Tribune Interview, 2005

Irish Sunday Tribune, July 2005

What really went on in the secret service?

Suz­anne Breen

THEY’RE prob­ably out there now, walk­ing about, look­ing for tar­gets, ” says former spy,  Annie Machon, as she sur­veys the bust­ling bars, res­taur­ants and shops in Gatwick Air­port.  MI5 used Heath­row and Gatwick in train­ing courses.  Officers would be sent to the air­ports and instruc­ted to come back with one per­son’s name, address, date of birth, occu­pa­tion and pass­port or driv­ing licence num­ber … the basic inform­a­tion for MI5 to open a per­son­al file.

They’d have to go up to a com­plete stranger and start chat­ting to them. One male officer nearly got arres­ted.  It was much easi­er for women officers … nobody’s sus­pi­cious of a woman ask­ing questions.”

Tall, blonde and strik­ingly eleg­ant, Machon (37) could have stepped out of a TV spy drama. She arrives in a simple black dress, with pearl ear­rings, and per­fect oyster nails.  She is charm­ingly polite but, no mat­ter how many ques­tions you ask, she retains the slightly detached, inscrut­able air that prob­ably made her good at her job.

A Cam­bridge Clas­sics gradu­ate, her book, <em>Spies, Lies and Whistleblowers</em>, has just been pub­lished. She worked in ‘F’ branch … MI5’s counter-sub­ver­sion sec­tion … and ‘T’ branch, where she had a rov­ing brief on Irish ter­ror­ism.  MI5 took 15 months to vet the book. Sec­tions have been blacked out. If Machon dis­closes fur­ther inform­a­tion without approv­al, she could face pro­sec­u­tion under the Offi­cial Secrets Act.

She left MI5 deeply dis­il­lu­sioned. In 1997, she went on the run from the UK with her boy­friend, former fel­low spy Dav­id Shayler (39). He was sub­sequently jailed for dis­clos­ing secrets, includ­ing that MI6 had allegedly fun­ded a plot to assas­sin­ate Col­on­el Gaddafi.

Machon had “respons­ib­il­ity and free­dom” in MI5 when com­bat­ing Irish ter­ror­ism. “It was won­der­ful when you got res­ults, when you stopped a bomb. That was why I’d joined.  There was a huge under­stand­ing of the IRA and the North­ern Ire­land con­flict.  We wer­en’t just a bunch of big­ots say­ing “string up the ter­ror­ists”. Some man­agers might have had that atti­tude but it was­n’t shared by most officers.  They acknow­ledged the IRA as the most pro­fes­sion­al ter­ror­ist organ­isa­tion they’d dealt with. Loy­al­ists, and repub­lic­an splinter groups like the INLA, were a lot less sophisticated.”

Machon did­n’t wit­ness state col­lu­sion but is “watch­ing with interest” as cases unfold. She voices some eth­ic­al con­cerns: MI5 ran a Garda officer as an undeclared agent, which was illeg­al in the Repub­lic.  If it wanted to tap a phone in the Repub­lic, no war­rant was needed and there was no over­sight pro­ced­ure. An MI5 officer simply asked GCHQ, which inter­cepts com­mu­nic­a­tion, to set it up.

MI5’s approach to the law led to bizarre situations:

Officers cov­ertly entered a house in North­ern Ire­land to install bug­ging equip­ment.  They trashed it up and stole things to make it look like a burg­lary. But MI5 law­yers said it was­n’t leg­ally accept­able to steal so the officers had to go and put the goods back which made it look even more suspicious.”

Machon atten­ded secur­ity meet­ings in North­ern Ire­land. Her life was nev­er in danger, she says. The only col­leagues she knew who were killed were on the Chinook heli­copter which crashed off the Mull of Kintyre in 1994.

Machon had joined the intel­li­gence ser­vices three years earli­er. She worked from an office in Bolton Street, May­fair, one of MI5’s three build­ings in Lon­don.  “It was very dilap­id­ated.  There were ancient phones, with wires cross­ing the floor stuck down with tape.  It had battered wooden desks and thread­bare car­pets. There were awful lime-green walls. The dress code in MI5 was very Marks and Spen­cer. MI6 (which com­bats ter­ror­ism abroad) was much smarter, more Saville Row.”

MI5’s pres­ence in the build­ing was meant to be a secret but every­body knew, says Machon: “The guide on the open-top Lon­don tour bus which passed by would tell pas­sen­gers, ‘and on your right is MI5’.  We were advised to get out of tax­is at the top of the street, not the front door, but all the drivers knew any­way. Later, we moved to mod­ern headquar­ters in Thames House.”

Being a spy isn’t what people think, Machon says.  “It was­n’t exactly James Bond, with glam­or­ous, cock­tail-drink­ing espi­on­age.  There were excit­ing bits, like meet­ing agents in safe houses, but there were plenty of bor­ing days.  Mostly, I’d be pro­cessing ‘lin­en’ — the product from tele­phone taps … or read­ing inter­cep­ted mail or agents’ reports. You get to know your tar­gets well from eaves­drop­ping on their lives.  You learn all sorts of things, like if they’re sleep­ing with someone behind their part­ner­’s back. It’s sur­real know­ing so much about people you don’t know; and then it rap­idly becomes very normal.”

Machon claims the intel­li­gence ser­vices were often sham­bol­ic, and blun­ders meant three IRA bombs in 1993 … includ­ing Bish­opsgate, which cost £350m …could have been pre­ven­ted.  “MI5 has this super-slick image but some­times it was just a very Brit­ish muddle.  Tapes from tele­phone taps would be binned without being tran­scribed because there was­n’t the per­son­nel to listen to them.  On occa­sions, MI5 did respond quickly, but then it could take weeks to get a war­rant for a phone tap because man­agers pondered so long over the applic­a­tion word­ing … wheth­er to use ‘but’ or ‘how­ever’, ‘may’ or ‘might’.

Mobile sur­veil­lance (who fol­low tar­gets) were bloody good. There were some amaz­ingly cap­able officers who were often wasted.  Des­pite everything prom­ised about MI5 mod­ern­ising, it remained very hier­arch­ic­al, with the old guard, which had cut its teeth in the Cold War, dom­in­at­ing.  They were used to a stat­ic tar­get. They’re not up to the job of deal­ing with mobile extrem­ist Islam­ic ter­ror­ism. We’ve been play­ing catch-up with al Qaeda for years.”

Machon says MI5 pays sur­pris­ingly badly: “I star­ted on £15,000 … entrants now get about £20,000. A detect­ive con­stable in the Met was on twice my salary.  Of course, it’s about more than money but you must reward to keep good people.  If you pay pea­nuts, you end up with monkeys.”

Machon grew up in Guern­sey, in the Chan­nel Islands, the daugh­ter of a news­pa­per edit­or. “I was apolit­ic­al. My only know­ledge of spy­ing was watch­ing John Le Car­re’s drama Tinker, Tail­or, Sol­dier, Spy.”  After tak­ing For­eign Office exams, she received a let­ter on MoD note­pa­per.  “There may be oth­er jobs you would find more inter­est­ing, ” it said. Intrigued, she rang. It was MI5.

Dur­ing the recruit­ment pro­cess, every aspect of her life from the age of 12 was invest­ig­ated. “I’d to nom­in­ate four friends from dif­fer­ent phases of my life. After they were ques­tioned, they had to nom­in­ate anoth­er four people.  I con­fessed to smoking dope twice. I was quizzed about my sexu­al his­tory by a sweet old lady who looked like my grand­moth­er but resembled Miss Marple in her inter­rog­a­tion.  She asked if I was gay.  The rules have since changed, but then MI5 regarded homo­sexu­al­ity as a defect. If you lied and were found out, you’d be sacked on the spot.  In the­ory, they regarded promis­cu­ity as a weak­ness, but there were plenty of extra-mar­it­al affairs. One couple were twice caught shag­ging in the office.  The male officer, who was very bad at his job, was put on ‘garden­ing leave’ … sent home on full pay. The woman, an Arab­ic-speak­ing trans­lat­or who was great at her job, was sacked.”

A cul­ture of “rampant drunk­en­ness” exis­ted, says Machon: “There was an oper­a­tion against a Czech dip­lo­mat who was also a spy.  The officer run­ning it got pissed, went round with his mates to the dip­lo­mat’s house, and shouted oper­a­tion­al details through the let­ter-box at him.”

Recruits were encour­aged to tell fam­ily and close friends they were MI5, and any­one else that they worked for the MoD.

MI5 had one mil­lion per­son­al files (PFs), Machon says. “I came across files on celebrit­ies, prom­in­ent politi­cians, law­yers, and journ­al­ists. It was ridicu­lous. There were files on Jack Straw, Mo Mow­lam, Peter Hain, Patri­cia Hewitt, Ted Heath, Tony and Cher­ie Blair, Gareth Peirce, and Mohamed Al Fayed.  There was a file on ‘sub­vers­ives’ in the music industry, includ­ing the Sex Pis­tols and UB40.

At recruit­ment, I was told MI5 no longer obsessed about ‘reds under the bed’, yet there was a file on a school­boy who had writ­ten to the Com­mun­ist Party ask­ing for inform­a­tion for a school pro­ject.  A man divor­cing his wife had writ­ten to MI5 say­ing she was a com­mun­ist, so a file was opened on her. MI5 nev­er des­troys a file.”

The rank­ing in import­ance of tar­gets could be sur­pris­ing. PF3 was (and is) Leon Trot­sky; PF2, Vladi­mir Ilych Len­in; PF1 was Eamon De Valera.

MI5 cur­rently has around 3,000 employ­ees. About a quarter are officers; the rest are tech­nic­al, admin­is­trat­ive and oth­er sup­port staff, accord­ing to Machon.

In recent years, MI5 appoin­ted two female dir­ect­or gen­er­als … Stella Rim­ming­ton, and the cur­rent dir­ect­or gen­er­al, Dame Eliza Man­ning­ham-But­ler. “I always found Stella very cold and I was­n’t impressed with her cap­ab­il­it­ies. There was an ele­ment of token­ism in her appoint­ment.  Eliza is like Ann Wid­de­combe’s bossy sis­ter, ” says Machon, mis­chiev­ously rais­ing an eye­brow. “She scares a lot of men. She is seen as hand-bag­ging her way to the top.”

Machon says the only way of respond­ing to the grow­ing ter­ror­ist threat is for the present intel­li­gence infra­struc­ture to be replaced by a single counter-ter­ror­ist agency.  The intense rivalry between MI5, MI6, Spe­cial Branch and mil­it­ary intel­li­gence means they’re often more hos­tile to each oth­er than to their tar­gets. ID cards and fur­ther dra­coni­an secur­ity legis­la­tion will offer no pro­tec­tion, she says.

Machon was act­ive in the anti-war cam­paign. She believes there is an “80% chance” that Dr Dav­id Kelly, the gov­ern­ment sci­ent­ist who ques­tioned the claim that Iraq could launch weapons of mass destruc­tion with­in 45 minutes, did­n’t com­mit sui­cide but was murdered on MI5’s instructions.

Oth­er sus­pi­cious minds won­der if Machon and Shayler ever left MI5. Could it be an elab­or­ate plot to make them more effect­ive agents? By pos­ing as whis­tleblowers, they gain the entry to rad­ic­al, leftwing circles.

Machon dis­misses this the­ory: “It would be very deep cov­er indeed to go to those lengths. Gareth Peirce is our soli­cit­or. She trusts us and she’s no fool.” Machon says while they have no regrets, they’ve paid a huge emo­tion­al and fin­an­cial price for chal­len­ging the secret state. They sur­vive on money from the odd news­pa­per art­icle and TV inter­view. Home is a small ter­raced house in East­bourne, east Sus­sex, where they grow toma­toes and have two cats.

Are they still friends with serving MI5 officers? “No com­ment!” says Machon with a smile. These days, she goes places she nev­er did.

When she addresses leftwing meet­ings, someone often approaches at the end.  “You must know my file?” they say.

Spies, Lies & Whis­tleblowers’ by Annie Machon is pub­lished by The Book Guild, £17.95