Spooks + Politicians + Hacks = War

I keep return­ing to this sub­ject, but it is troub­ling me deeply. Read­ing the runes, all things point to the fact that we are being act­ively groomed for yet anoth­er Middle East­ern war.

As I’ve said before, the pic­ture is clearly being drawn for those who wish to join the dots. At the end of last year the entire US intel­li­gence infra­struc­ture form­ally assessed that Iran had aban­doned its nuc­le­ar weapons pro­gramme in 2003. This, of course, did not suit the hawk­ish neo-con agenda in the States.

Then Mossad, the Israeli intel­li­gence out­fit, con­veni­ently pops up claim­ing that it has new, shit-hot intel­li­gence that dis­proves the US assess­ment. Mossad passes this on to the heads of MI6 and the CIA, and shortly after­wards the Prime Min­is­ter of Israel, Ehud Olmert, vis­its George Bush on a state vis­it to Amer­ica to dis­cuss his “con­cerns” about Iran.

The third part of the equa­tion fell into place this week. Con Cough­lin, writ­ing in the right-wing UK nation­al news­pa­per, The Daily Tele­graph, unques­tion­ingly regur­git­ates inform­a­tion from anonym­ous intel­li­gence sources who state that Iran is now devel­op­ing weapons grade uranium.

Cough­lin has form. For many years he worked for The Sunday Tele­graph, oth­er­wise known as the in-house journ­al of MI6. Read­ers of this site will know that MI6 has a sec­tion called Inform­a­tion Oper­a­tions (I/Ops), which manip­u­lates the media either by plant­ing false stor­ies or mas­sa­ging the facts to suit MI6’s interests. Well, rather embar­rass­ingly, Coughlin’s involve­ment in one such oper­a­tion was exposed a few years ago.

In 1995 he was shown “inform­a­tion” by an MI6 officer whom he described as “a seni­or bank­ing offi­cial” prov­ing that Col­on­el Gadaffi’s son, Saif Al Islam, was involved in a money-laun­der­ing scam with Iran. Cough­lin duti­fully repor­ted this, and this story was used by the For­eign Office to deny Al Islam a visa to live in the UK.

What Cough­lin, and his then edit­or Domin­ic Lawson (whose broth­er-in-law was a seni­or MI6 officer), didn’t appear to know as he took this story down in short­hand, was the MI6 officer was from I/Ops, and that he was plant­ing this story in the press to ensure that the son of a then Pri­or­ity 1 Joint Intel­li­gence Com­mit­tee tar­get could not come over the UK and live high on the hog. Too polit­ic­ally embar­rass­ing, old bean.

Al Islam nat­ur­ally sued, and The Sunday Tory­graph duly settled out of court once it real­ised that intel­li­gence whis­tleblower Dav­id Shayler knew the inside track on this libel­lous story and was pre­pared to give evid­ence in court.

Cough­lin was also instru­ment­al in get­ting stor­ies link­ing Sad­dam Hus­sein to WMD and Al Qaeda into the nation­al UK media in the run-up to the Iraq war, although the vigi­lent read­er will notice these stor­ies often con­tra­dict them­selves. So it’s inter­est­ing that he’s now break­ing more “news” sug­gest­ing pre­cisely what Mossad and gov­ern­ments of the UK and the USA would have us believe: that Iran is a real, devel­op­ing nuc­le­ar threat, and that there is a sound case for war.

Lost Document Débâcle

So anoth­er intel­li­gence offi­cial has mis­laid some highly clas­si­fied doc­u­ments — this time by leav­ing them lying on a com­muter train depart­ing Water­loo sta­tion. And while the Cab­in­et office (his soon to be former employ­er?) is des­per­ately try­ing to down­play the sens­it­iv­ity of these doc­u­ments, let’s not be fooled. “Top Secret – Strap – Can/Aus/UK/US Eyes Only” is very high level clas­si­fic­a­tion indeed.

In this case, it appears that the offi­cial may not even have had per­mis­sion to remove these doc­u­ments in the first place. Cab­in­et Min­is­ter, Ed Miliband, is quoted in the Daily Mail today as say­ing that there had been ‘a clear breach’ of rules for­bid­ding the remov­al of doc­u­ments without author­isa­tion. Then, hav­ing removed these doc­u­ments illeg­ally, the intel­li­gence offi­cial appears to have taken them out of the secur­ity briefcase and read them in pub­lic, before leav­ing them on the train.

One can only spec­u­late wheth­er he was drunk, simply care­less, or wheth­er this was a tim­id attempt to blow the whistle and draw the BBC’s atten­tion to yet fur­ther proof that the “war on ter­ror” is overhyped.

The secur­ity breach is not unusu­al. Over the years, drunk­en spies have mis­laid count­less doc­u­ments in pubs and on the jour­ney home. In 2000 an MI6 officer even left a laptop in a Vaux­hall bar. How­ever, the secret inform­a­tion usu­ally has a degree of low-level pro­tec­tion – the com­puter is encryp­ted or the doc­u­ments are locked in a secur­ity briefcase, not left lying around in an orange folder.

When I was work­ing for the spooks, the drink­ing cul­ture was endem­ic. Seni­or man­agers set the pace, with some going to the pub most days for lunch – one pub was fam­ously called Base Camp Two – sink­ing a few pints, and then doz­ing the after­noon away. Of course, the young­er officers fol­lowed suit, reg­u­larly meet­ing after work for a drink and a moan. Often, they would have secur­ity briefcases with them to take away the next day for work, and it was a mir­acle that more doc­u­ments were not lost.

There is spec­u­la­tion in the media that the man will be dis­cip­lined. He has already been sus­pen­ded. But the media appears to be miss­ing a trick: this is also a breach of the Offi­cial Secrets Act 1989. In this case, Sec­tion 1(1) will apply:

A per­son who is or has been—

(a) a mem­ber of the secur­ity and intel­li­gence ser­vices; or

(b) a per­son noti­fied that he is sub­ject to the pro­vi­sions of this subsection,

is guilty of an offence if without law­ful author­ity he dis­closes any inform­a­tion, doc­u­ment or oth­er art­icle relat­ing to secur­ity or intel­li­gence which is or has been in his pos­ses­sion by vir­tue of his pos­i­tion as a mem­ber of any of those ser­vices or in the course of his work while the noti­fic­a­tion is or was in force.”

So, if this offi­cial was drunk and care­less with the nation’s secrets, he deserves to face the music. The doc­u­ments were seen by a mem­ber of pub­lic and by BBC staff, so the “clear bright line” against dis­clos­ure that is always argued in whis­tleblower tri­als had already been breached.

If this was a cov­ert attempt a get­ting the inform­a­tion to the media, as happened, then this per­son is a whis­tleblower and deserves pro­tec­tion. The law makes no dis­tinc­tion based on intent, as the pub­lic interest defence was removed from the OSA in 1989 (des­pite the fact that Blair, Straw and most of the Labour gov­ern­ment past and present voted against this measure).

How­ever, such an action is clearly mor­ally dif­fer­ent from drunk­en care­less­ness, and if that was indeed his intent, he would have done bet­ter to have had the cour­age of his con­vic­tions and gone dir­ectly to the media. He would still not have had any defence under the OSA for his prin­cipled stance, but the impact and poten­tial for change would have been great­er. Bet­ter to be hung for a sheep than a lamb.

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?

IT Defense Conference, Hamburg January 2008

In Janu­ary 2008 I spoke at the IT Defense Con­fer­ence in Ham­burg in Janu­ary 2008.  This is a sum­mary of my talk.

The Spy­ing Game? – Annie Machon

I gave a present­a­tion about the role of intelligence
agen­cies in the cur­rent era of the unend­ing “war on ter­ror”, how they
mon­it­or us, and the implic­a­tions for our democracies.

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?
t‑style: nor­mal; font-vari­ant: nor­mal; font-weight: nor­mal; font-size: 7pt; line-height: nor­mal; font-size-adjust: none; font-stretch: nor­mal;”> The illeg­al MI6
assas­sin­a­tion attempt against Col­on­el Gad­dafi of Libya

Terrorism Act used against Journalist

A wor­ry­ing art­icle in today’s Guard­i­an by the indefatig­able Duncan Camp­bell, in which he reports that police are using the Ter­ror­ism Act (2000) to try to force a journ­al­ist to hand over inform­a­tion from a source.

This issue is the scared cow of journ­al­ism – that they nev­er reveal their sources. To do so would imme­di­ately deter whis­tleblowers from speak­ing in con­fid­ence to the media, and gov­ern­ment crimes and lies would remain secret. The pro­tec­tion of journ­al­ist­ic sources con­trib­utes to safe­guard­ing our demo­cracy, as legis­la­tion such as the Free­dom of Inform­a­tion Act (2000) is effect­ively tooth­less when up against the inner work­ings of the state.

Because of this, journ­al­ists with integ­rity in this coun­try and abroad are will­ing to risk pris­on rather than hand over their notes. As Camp­bell remarks, this happened to Mar­tin Bright in 2000 when he was Home Affairs Edit­or at The Observ­er. The Met­ro­pol­it­an Police Spe­cial Branch went crash­ing into the offices on Far­ring­don Road, demand­ing that he hand over all his notes on the Shayler case. More bizar­rely, they also deman­ded a let­ter Shayler had sent to The Guard­i­an, even though it had already been pub­lished in the news­pa­per. Thank­fully for Mar­tin, the Nation­al Uni­on of Journ­al­ists sup­por­ted him, and the police even­tu­ally backed off.

The fact that the police are using the Ter­ror­ism Act as is a wor­ry­ing new devel­op­ment. But it’s not just pro­duc­tion orders from the police that journ­al­ists and news­pa­pers have to be wor­ried about. The author­it­ies have a range of weapons in their arsen­al if they choose to sup­press inform­a­tion eman­at­ing from inner gov­ern­ment circles or the intel­li­gence world. And yet it is with­in these very circles that the most hein­ous crimes and viol­a­tions are com­mit­ted, and whence the most sig­ni­fic­ant whis­tleblowers tend to emerge. Think Dr Dav­id Kelly, Dav­id Shayler, Kath­er­ine Gun.

So, what else can the author­it­ies use to sup­press val­id cri­ti­cism? Well, firstly and most notori­ously, we have the Offi­cial Secrets Act in the UK. This does not just pre­vent intel­li­gence officers and noti­fied gov­ern­ment offi­cials from ever speak­ing to any­one out­side the agency about any­thing, ever (Sec­tion 1(1)). Slightly less well known is Sec­tion 5, which makes it a crime for any journ­al­ist to receive or eli­cit inform­a­tion from these whis­tleblowers that dam­ages “nation­al secur­ity” (the term to this day remains undefined). Of course, as we saw in the Shayler case, the gov­ern­ment is always extremely reluct­ant to cross the media and enforce this, so it is usu­ally just the unfor­tu­nate whis­tleblower who is hung out to dry.

If the threat of the OSA fails, the gov­ern­ment can always find a tame judge to issue an emer­gency injunc­tion. Again, this happened in the Shayler case, when an injunc­tion was taken out both against him and the UK’s nation­al media. Need­less to say, the injunc­tion against the media was dropped (even this gov­ern­ment quailed at the pro­spect of tak­ing on News Inter­na­tion­al and the Mail group), but remains in place to this day against the hap­less whistleblower.

This injunc­tion is no small thing. The government’s law­yers have used it to fright­en off pub­lish­ers from even look­ing at a nov­el (that’s right – a work of fic­tion) that Shayler wrote in 1998. Let­ters winged their way from gov­ern­ment law­yers to UK pub­lish­ers in Lon­don in 1999. And when Shayler built a web­site, hos­ted by Tab­net in Cali­for­nia, the gov­ern­ment wrote to them point­ing out that there was an injunc­tion in place and ask­ing for the site to be taken down. Tab­net gently poin­ted out that per­haps the Brit­ish gov­ern­ment had for­got­ten about 1776, and con­tin­ued to host the site.

If the OSA and injunc­tions are not enough, we also have the notori­ous D Notice Com­mit­tee (now rebranded as the Defence Press and Broad­cast­ing Advis­ory Com­mit­tee), a body that can block pub­lic­a­tion of a story by issu­ing a notice at the say-so of the gov­ern­ment. Very appro­pri­ate in a so-called demo­cracy. What makes it worse is that the Com­mit­tee is made up of volun­teers from amongst the great and the good from the media world, as well as rep­res­ent­at­ives from gov­ern­ment depart­ments. These guys, seni­or edit­ors and TV exec­ut­ives, enter the charmed inner circle and start to police their own industry. It’s amaz­ing how quickly new appointees go nat­ive and fight the government’s corner.

So there you have it – a whole bat­tery of laws to pro­tect the Brit­ish Estab­lish­ment from the scru­tiny and con­struct­ive cri­ti­cism of the media. When a journ­al­ist of integ­rity stands up to the author­it­ies, we should all sup­port them. They are provid­ing a cru­cial ser­vice of vent­il­a­tion and account­ab­il­ity for our retreat­ing demo­cracy. I wish Shiv Malik, the freel­an­cer at the eye of the cur­rent storm, the very best.

 

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….

 

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.

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.

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

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