Keynote at Centre for Investigative Journalism Summer School, 16 July 2011

CIJ_logo_summerschool

My next talk in the UK will be a key­note at the renowned CIJ sum­mer school on 16th July. One of the major themes this year is whis­tleblow­ing, for obvi­ous Wikileaks-related reas­ons, and it appears I shall be in good company.

My talk is at 2pm on the Sat­urday.  I under­stand the key­notes are open to the pub­lic, not just sum­mer school attendees, so come along if you can and please spread the word!

How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

Fair trials in the UK courts? Anyone?

This art­icle in today’s Guard­i­an about the ongo­ing reper­cus­sions of the Mark Kennedy under­cov­er cop scan­dal earli­er this year piqued my interest.

Mark_KennedyIt appears that the Crown Pro­sec­u­tion Ser­vice (CPS) has sup­pressed key evid­ence about the all-too-appar­ent inno­cence of envir­on­ment­al pro­test­ers in the run-up to their tri­als.  In this case Mark Kennedy aka Stone, the police­man who for years infilt­rated protest groups across Europe, had cov­ertly recor­ded con­ver­sa­tions dur­ing the plan­ning ses­sions to break into Ratcliffe-on-Soar power station.

Kennedy offered to give evid­ence to prove that the unit he worked for at the time, the private and unac­count­able ACPO-run Nation­al Pub­lic Order Invest­ig­a­tions Unit (NPOIU), had witheld this key evid­ence.  It now appears that the police are claim­ing that they passed all the inform­a­tion on to the CPS, which then seems to have neg­lected  to hand it over to the pro­test­ers’ defence lawyers.

Keir_StarmerWhich makes it even more fas­cin­at­ing that in April this year the Dir­ect­or of Pub­lic Pro­sec­u­tions, fam­ous civil liber­ties QC Keir Starm­er no less, took the unpre­ced­en­ted step of encour­aging those same pro­test­ers to appeal against their con­vic­tions because of poten­tial “police” cover-ups.

It’s just amaz­ing, isn’t it, that when vital inform­a­tion can be kept safely under wraps these doughty crime-fight­ing agen­cies present a united front to the world?  But once someone shines a light into the slith­ery dark corners, they all scramble to avoid blame and leak against each other?

And yet this case is just the tip of a titan­ic leg­al ice­berg, where for years the police and the CPS have been in cahoots to cov­er up many cases of, at best, mis­com­mu­nic­a­tion, and at worst out­right lies about incom­pet­ence and poten­tially crim­in­al activity.

Ian_TomlinsonA couple of months ago George Mon­bi­ot provided an excel­lent sum­mary of recent “mis­state­ments” (a won­der­fully euphemist­ic neo­lo­gism) by the police over the last few years, includ­ing such blatant cases as the death of Ian Tom­lin­son dur­ing the Lon­don G20 protests two years ago, the ongo­ing News of the World phone hack­ing case, and the counter-ter­ror­ism style exe­cu­tion, sorry, shoot­ing of the entirely inno­cent Jean Charles de Menezes, to name but a few.

Mon­bi­ot also dwelt at length on the appalling case of Michael Doherty, a con­cerned fath­er who dis­covered that his 13 year-old daugh­ter was appar­ently being groomed by a pae­do­phile over the inter­net.  He took his con­cerns to the police, who brushed the issue aside.  When Doherty tried to push for a more informed and pro­act­ive response, he was the one who was snatched from his house in an early morn­ing raid and ended up in court, accused of abus­ive and angry phone calls to the sta­tion in a sworn state­ment by a mem­ber of the rel­ev­ant police force, sorry, ser­vice.

And that would have been that — he would have appar­ently been bang to rights on the word of a police sec­ret­ary — apart from the fact he had recor­ded all his phone calls to the police and kept metic­u­lous notes on the pro­gress of the case.  Only this evid­ence led to his right­ful acquittal.

As Mon­bi­ot rightly con­cludes, “justice is impossible if we can­not trust police forces to tell the truth”.

It appears that the notion of “cit­izen journ­al­ists” is just sooo 2006.  Now we all need to be not only journ­al­ists but also “cit­izen law­yers”, just in case we have to defend ourselves against poten­tial police lies.  Yet these are the very organ­isa­tions that are paid from the pub­lic purse to pro­tect civil soci­ety.  Is it any won­der that so many people have a grow­ing dis­trust of them and con­cerns about an encroach­ing, Stasi-like, police state?

This is all part of engrained, top-down Brit­ish cul­ture of secrecy that allows the amorph­ous “secur­ity ser­vices” to think they can get away with any­thing and everything if they make a force­ful enough pub­lic state­ment: black is white, tor­ture is “enhanced inter­rog­a­tion”, and war is peace (or at least a “peace­keep­ing” mis­sion in Libya.…).  Espe­cially if there is no mean­ing­ful over­sight.  We have entered the Orwellian world of NewSpeak.

But plus ca change, plus c’est la meme chose.  This all happened in the 1970s and 80s with the Irish com­munity, and also in the 1990s with the ter­rible mis­car­riage of justice around the Israeli embassy bomb­ing in 1994.  If you have the time, please do read the detailed case here: Down­load Israeli_Embassy_Case

We need to remem­ber our history.

Former head of MI6 says that fact and fiction get mixed up

Sir_john_Scarlett Former head of MI6, Sir John Scar­lett — he of the dodgy Septem­ber Dossier fame that led inex­or­ably to the UK’s inva­sion of Iraq in 2003 and the death, maim­ing, depleted-urani­um pois­on­ing and dis­place­ment of hun­dreds of thou­sands of people — has com­pla­cently stated dur­ing his recent talk at the Hay Lit­er­ary Fest­iv­al that:

One of the prob­lems of intel­li­gence work is that fact and fic­tion get very eas­ily mixed up.  A key les­son you have to learn very early on is you keep them separate.”

Well, no doubt many, many people might just wish he’d listened to his own advice way back in Septem­ber 2002.

Scar­lett is, of course, the seni­or UK spook who made the case for the Iraq war.  Here’s the link:  Down­load Iraq_WMD_Dossier

No doubt you will remem­ber the li(n)es: not only that Iraq’s non-exist­ent  “weapons of mass destruc­tion” could be launched with­in 45 minutes, but also that fake intel­li­gence doc­u­ments had per­suaded MI6 that Iraq was try­ing to buy urani­um from Niger , as Colin Pow­ell asser­ted dur­ing his per­suas­ive speech to the UN in 2003.

Scar­lett pub­licly took the rap and, by pro­tect­ing Tony Blair and Alastair Camp­bell, was rewar­ded with the top job at MI6 and the inev­it­able knight­hood.  No doubt a suit­able recog­ni­tion for his entirely hon­our­able behaviour.

But it gets worse — now he has appar­ently landed a luc­rat­ive job as an advisor on the situ­ation in Iraq work­ing for Nor­we­gi­an oil mega-cor­por­a­tion, Statoil.

You could­n’t make it up…

… or per­haps you could if you’re a former top spy with an undeserved “K” and a luc­rat­ive oil con­tract who has dif­fi­culty sep­ar­at­ing fact from fiction.…..

 

The Age of Transparency?

Black_sheep_text?Well, this is an inter­est­ing case in the US.  Thomas Drake, a former seni­or exec­ut­ive at the Amer­ic­an Nation­al Secur­ity Agency (NSA), the US elec­tron­ic eaves­drop­ping organ­isa­tion, is being charged under the 1917 US Espi­on­age Act for allegedly dis­clos­ing clas­si­fied inform­a­tion to a journ­al­ist about, gasp, the mis­man­age­ment, fin­an­cial waste and dubi­ous leg­al prac­tices of the spy­ing organ­isa­tion.  These days it might actu­ally be more news­worthy if the oppos­ite were to be disclosed.…

How­ever, under the terms of the Espi­on­age Act, this des­ig­nates him an enemy of the Amer­ic­an people on a par with bona fide trait­ors of the past who sold secrets to hos­tile powers dur­ing the Cold War.

It strikes me that someone who reports mal­prac­tice, mis­takes and under-per­form­ance on the part of his (secret­ive) employ­ers might pos­sibly be someone who still has the motiv­a­tion to try to make a dif­fer­ence, to do their best to pro­tect people and serve the genu­ine interests of the whole coun­try.  Should such people be pro­sec­uted or should they be pro­tec­ted with a leg­al chan­nel to disclosure? 

Thomas Drake does not sound like a spy who should be pro­sec­uted for espi­on­age under the USA’s anti­quated act, he sounds on the avail­able inform­a­tion like a whis­tleblower, pure and simple.  But that won’t neces­sar­ily save him leg­ally, and he is appar­ently facing dec­ades in pris­on.  Pres­id­ent Obama, who made such a song and dance about trans­par­ency and account­ab­il­ity dur­ing his elec­tion cam­paign, has an even more egre­gious track record than pre­vi­ous pres­id­ents for hunt­ing down whis­tleblowers — the new “insider threat”.

This, of course, chimes with the Brit­ish exper­i­ence.  So-called left-of-centre polit­ic­al can­did­ates get elec­ted on a plat­form of trans­par­ency, free­dom of inform­a­tion, and an eth­ic­al for­eign policy (think Blair as well as Obama), and promptly renege on all their cam­paign prom­ises once they grab the top job. 

In fact, I would sug­gest that the more pro­fessedly “lib­er­al” the  gov­ern­ment, the more it feels empowered to shred civil liber­ties.  If a right-wing gov­ern­ment were to attack basic demo­crat­ic freedoms in such a way, the offi­cial oppos­i­tion (Democrats/Labour Party/whatever) would be obliged to make a show of oppos­ing the meas­ures to keep their core voters sweet.  Once they’re in power, of course, they can do what they want.

One stark example of this occured dur­ing the passing of the Brit­ish Offi­cial Secrets Act (1989) which, as I’ve writ­ten before, was spe­cific­ally designed to gag whis­tleblowers and pen­al­ise journ­al­ists.  The old OSA (1911) was already in place to deal with real traitors.

And who voted against the passing of this act in 1989?  Yes, you’ve guessed it, all those who then went on to become Labour gov­ern­ment min­is­ters after the 1997 Labour elec­tion land­slide — Tony Blair, Jack Straw, the late Robin Cook and a scrum of oth­er rather for­get­table min­is­ters and Attor­ney Gen­er­als.….  And yet it was this very New Labour gov­ern­ment in the UK that most often used the OSA to halt the free-flow of inform­a­tion and the dis­clos­ures of informed whis­tleblowers.  Obama has indeed learnt well.

It’s an oldie but still a good­ie: as one of my law­yers once wryly told me, it does­n’t mat­ter whom you vote for, the gov­ern­ment still gets in.….

Can the product of bugs be used as court evidence in the UK?

Black_sheep?_textAn inter­est­ing story on Chan­nel 4 TV news today: four Lon­don police officers are being pro­sec­uted for beat­ing up Babar Ahmad in 2003 while arrest­ing him on sus­pi­cion of ter­ror­ism charges.  And it turns out that the key evid­ence for the pro­sec­u­tion comes not from Ahmad’s com­plaint, nor from pho­to­graphs of his injur­ies, but from the product of an eaves­drop­ping device, more com­monly known as a bug, planted in his home by the UK Secur­ity Ser­vice, MI5.

It’s inter­est­ing in itself that MI5 has released this inform­a­tion for court pro­ceed­ings against Met counter-ter­ror­ism officers.  I shall res­ist spec­u­lat­ing now, but shall be watch­ing devel­op­ments with interest.

But the point I want to make quickly today is about the use of inter­cept mater­i­al as leg­al evid­ence in UK courts.  This can poten­tially be cru­cial for law­yers when speak­ing to their cli­ents, journ­al­ists who wish to pro­tect their sources, polticial act­iv­ists, and those who simply wish to pro­tect their inher­ent right to pri­vacy as the encroach­ing elec­tron­ic sur­veil­lance state con­tin­ues to swell.

It can also be poten­tially use­ful inform­a­tion for MPs talk­ing to their con­stitu­ents.  Indeed, return­ing to the years-long case of Babar Ahmad, there was a media furore in 2008 when it was revealed that the Met had author­ised the bug­ging of his con­ver­sa­tions with his MP Sad­iq Khan dur­ing pris­on visits. 

And who was the com­mand­ing officer who author­ised this?  Step for­ward former Met Counter Ter­ror­ism supremo, Andy Hay­man, that much esteemed defend­er of Brit­ish civil liber­ties who recently sug­ges­ted “dawn raids” and “snatch squads ” be used against polit­ic­al activists.

Unlike most oth­er west­ern coun­tries, the UK does not allow the use of tele­phone inter­cept as evid­ence in a court of law.  As I’ve writ­ten before, it’s a hangover from the cold war spy­ing game.  MI5 has tra­di­tion­ally seen phone taps as a source of intel­li­gence, not evid­ence, des­pite the fact that much of their work is notion­ally more evid­en­tially based in the 21st cen­tury.  It also still remains a sub­ject of debate and a fiercely fought rear­gard action by the spies them­selves, who claim telecheck is a “sens­it­ive technique”. 

As if we don’t all know that our phones can be bugged.….

How­ever, eaves­drop­ping devices that are planted in your prop­erty — your home, your office, even your car — can indeed pro­duce evid­ence that can be used against you in a court of law.   All this requires a Home Office War­rant (HOW) to make it leg­al, but Home Sec­ret­ar­ies are tra­di­tion­ally reluct­ant to refuse a request in the interests of “nation­al secur­ity”.  Moreover, if the own­er of the prop­erty agrees to a bug, even without a HOW, they can be leg­ally used.  So if you live in ren­ted accom­mod­a­tion, befriend your landlord!

Not a lot of people know all that — but we should. 

How the Light Gets In — speaking in Hay-on-Wye, May 30 2011

How_the_light_gets_in_Banner I did two ses­sions at Hay-on-Wye philo­sophy and music fest­iv­al — How the Light gets In in May 2011.

The first was a debate called “An Age of Trans­par­ency” with neo-con­ser­vat­ive com­ment­at­or Douglas Mur­ray, and philo­soph­er Nigel Warburton.

The second was my talk about “Spies, Lies, and Life on the Run”.

Here’s a link to a video of my talk.

How_the_light_gets_in_banner

Guantanamo Files: was Bin Hamlili really an MI6 source?

My recent art­icle in The Guard­i­an news­pa­per about the strange, sad case of yet anoth­er Guantanamo victim.

Guantá­namo Bay files: Was Bin Ham­lili really an MI6 source?

With dirty tricks rife in the secret ser­vice we may nev­er know the truth about the Algeri­an car­pet-seller­’s ver­sion of events.

Anoth­er cache of intel­li­gence nas­ties has emerged, blink­ing, into the main­stream media day­light by way of WikiLeaks. This time, the inform­a­tion is drawn from offi­cial Guantá­namo reports on detain­ees, draw­ing on inform­a­tion gleaned over the years of “enhanced” interrogations.

One case that caught my atten­tion was that of Algeri­an car­pet seller Adil Hadi al Jazairi Bin Ham­lili, an alleged “al-Qaida oper­at­ive, facil­it­at­or, cour­i­er, kid­nap­per and assas­sin” who also appar­ently worked as an agent of CSIS (Cana­dian Secret Intel­li­gence Ser­vice) and our very own MI6. So was this man a double-agent, play­ing his own lonely game and caught between the demands of his al-Qaida con­tacts and his west­ern hand­lers? Or has MI6 been employ­ing its very own al-Qaida assassin?

The report states that this is Bin Ham­lili’s story in his own words – no doubt freely uttered as he emerged, splut­ter­ing, from yet anoth­er inter­rog­a­tion. It appears that he entered the mujahideen world when he was a child in the 1980s, fight­ing the Soviet occu­pa­tion of Afgh­anistan. An era when the group was very much an ally of the west, fun­ded, trained and armed by the CIA and MI6 in the fight against the Soviet Union.

This could very well have led to MI6 and/or CSIS approach­ing Bin Ham­lili as a poten­tial source of human intel­li­gence. Humint sources are the crown jew­els of intel­li­gence work – able to reach parts bey­ond the range of elec­tron­ic sur­veil­lance. The down­side, of course, is that they are merely human and need strong sup­port and backup to sur­vive their dan­ger­ous job, year after year. This is some­thing that is not always provided to them and they can often end up feel­ing exposed, increas­ingly para­noid and in real danger, play­ing every side just to survive.

While some agents do indeed suf­fer a genu­ine revul­sion towards their earli­er alle­gi­ances – the basic ideo­lo­gic­al shift – and try to atone by help­ing the spooks, most are entrapped by the oth­er three points in the clas­sic spy acronym: money, ideo­logy, com­prom­ise, ego. These are more shaded, com­pelled motiv­a­tions that can lead to resent­ment and poten­tial double-deal­ing, and require close agent hand­ling and care. Unfor­tu­nately, this is often lacking.

So wel­come to the clas­sic intel­li­gence “hall of mir­rors”. Was Bin Ham­lili really an MI6 source? Or was this just an attempt to stop the tor­ture in Guantá­namo, how­ever tem­por­ar­ily? Per­haps he was play­ing both sides? Or per­haps he faith­fully repor­ted back to his CSIS/MI6 hand­lers but his reports were not effect­ively acted on – this hap­pens in the intel­li­gence agen­cies – and the culp­able officers brushed these mis­takes under the car­pet by claim­ing “agent unre­li­ab­il­ity” or “lack of co-operation”.

Or, more wor­ry­ingly, Bin Ham­lili might indeed have had an effect­ive work­ing rela­tion­ship with his hand­lers and was actu­ally tasked in his work as pro­vocateur or even ter­ror­ist, for some arcane intel­li­gence pur­poses. But once caught, he was deemed to be polit­ic­ally embar­rass­ing and hung out to dry.

This would cer­tainly not be the first time this has happened to intel­li­gence agents. Dirty tricks were intrins­ic in the dirty war in North­ern Ire­land from the early 1970s, and agents such as Mar­tin McGart­land, Denis Don­ald­son (deceased) and Kev­in Fulton have learned all too bru­tally what the phrase “hung out to dry” really means.

This was not restric­ted to North­ern Ire­land. In 1996, MI6 illeg­ally fun­ded an “al-Qaida” coup to assas­sin­ate Col­on­el Gad­dafi, using as its agent a Liby­an mil­it­ary intel­li­gence officer. The attempt mani­festly failed, although inno­cent people were killed in the attempt. This was all hushed up at the time, but now seems rather tame as we watch our defence sec­ret­ary, Liam Fox, fly out to dis­cuss with his US coun­ter­part, Robert Gates, the overt assas­sin­a­tion of Gad­dafi using pred­at­or drones. State ter­ror­ism as the new diplomacy?

I doubt we shall ever now know the truth behind Bin Ham­lili’s report. The expos­ure of the Guantá­namo régime high­lights once again that tor­ture is coun­ter­pro­duct­ive – it panders to the pre­con­cep­tions of the inter­rog­at­ors and acts as a recruit­ing ground for future poten­tial ter­ror­ists. This used to be the con­sensus even with­in our intel­li­gence agen­cies, pre‑9/11. They need to re-remem­ber the les­sons of his­tory, and their humanity.

A tale of two countries — pre-emptive policing in Britain and Syria

What a dif­fer­ence a mere month makes in the UK media.  At the end of March The Inde­pend­ent news­pa­per pro­duced this art­icle in the wake of the huge TUC anti-cuts protest in Lon­don, where the Brit­ish Home Sec­ret­ary was cas­tig­ated for con­sid­er­ing great­er police powers to pre­vent such “trouble” again, with par­tic­u­lar ref­er­ence to the forth­com­ing roy­al wedding.

At the time former assist­ant com­mis­sion­er at Scot­land Yard, Andy Hay­man, who had served as the head of the Met­ro­pol­it­an Police Counter-Ter­ror­ism squad and was, umm,  reportedlymuch-esteemed officer before his early resig­na­tion, adop­ted a mus­cu­lar tone by call­ing for “snatch squads” and “dawn raids” to be car­ried out by police against sus­pec­ted trouble­makers.  How ter­ribly un-British.

Per­haps I’m start­ing at shad­ows, but with the above in mind two inter­est­ing aricles appeared in that very same news­pa­per today.

The first art­icle that caught my eye con­firmed there was indeed just such a secur­ity crack­down against sus­pec­ted dis­sid­ents in the UK on the eve of the roy­al wed­ding.  Lynne Owens, the Met­ro­pol­it­an Police assist­ant com­mis­sion­er in charge of the roy­al poli­cing oper­a­tion, is quoted as saying:

“We have to be abso­lutely clear. If any­one comes to Lon­don intend­ing to com­mit crim­in­al acts, we will act quickly, robustly and decis­ively.” She said the Met was work­ing with forces across the coun­try and would use “spot­ters” to identi­fy those caus­ing trouble.”

The art­icle goes on to say:

As police teams step up their pro­cess of “pre-event invest­ig­a­tion” and “intel­li­gence gath­er­ing”, reports have come in from pro­test­ers that plain-clothed police are turn­ing up at their homes to warn them against attend­ing Fri­day’s event.” 

Military&pageantryIt seems that the poor old Met is hav­ing con­nip­tions about poten­tially embar­rass­ing pro­test­ers sul­ly­ing the pageantry of the roy­al wed­ding and is put­ting our money where its mouth is.  Last week The Tele­graph also repor­ted that counter-intel­li­gence oper­a­tions were being con­duc­ted against “anarch­ists” to pre­vent trouble on 29th April.

Inter­est­ing use of lan­guage, but I sup­pose that one news­pa­per­’s “pro­test­er” will always be another­’s “anarch­ist”.…

So what of the second art­icle that con­cerned me?  This described the bru­tal secur­ity crack­down in Syr­ia, where the secret police were pre-empt­ively hunt­ing down and arrest­ing sus­pec­ted dissidents:

Syr­i­a’s feared secret police raided hun­dreds of homes yes­ter­day as author­it­ies stepped up attempts to crush the pro-reform movement.….”

UK For­eign Sec­ret­ary, Wil­li­am Hag­ue is quoted as say­ing that:

Syr­ia is now at a fork in the road… it can choose ever-more viol­ent repres­sion which can only ever bring short-term secur­ity for the author­it­ies there.”

How much more need I say?  Put­ting aside the fact that Hag­ue seems to have acquired his very own fork(ed tongue), the only dis­cern­able dif­fer­ence at this stage is in the sheer scale of the bru­tal­ity and repres­sion, not the mind-set or intent.

It’s a slip­pery slope.….

Bleat: Knowledge is power — the MI6 prime directive

Black_sheep?By way of ran­dom link­age, I stumbled across this little gem of an art­icle by that old spook apo­lo­gist extraordin­aire, Con Cough­lin.  He’s writ­ing about the first pub­lic speech by a serving head of (SIS) MI6, which was addressed to the Soci­ety of Edit­ors last autumn.  Dear old Con­’s inter­pret­a­tion of events is slightly dif­fer­ent from mine at the time.….

The para­graph that leapt out at me was this:

Sir John Saw­ers, the cur­rent “C” in charge of MI6, made much the same point yes­ter­day in his ground-break­ing speech to the Soci­ety of Edit­ors. He explained that acquir­ing secret intel­li­gence, and keep­ing it secret, remains his organisation’s fun­da­ment­al objective.”

Well, excuse my naiv­ety but I thought that the role of the Brit­ish intel­li­gence agen­cies was to pro­tect “nation­al secur­ity”, whatever that might mean accord­ing to the fla­vour of the day, not merely to acquire and keep secrets.

Well, I obvi­ously remain irre­deem­ably ideal­ist­ic.  Per­haps, as my fath­er hope­fully states on occa­sion, one day I’ll even­tu­ally grow up.….

 

My article about the role of the spies, The Guardian, 24 January 2011

Annie_1_Heleen_Banner Here’s a link to my art­icle in The Guard­i­an today, explor­ing the con­fused roles of mod­ern Brit­ish spies, and look­ing at some ways to sort out the mess.  Both the police and the spooks seem to be hav­ing a bit of an iden­tity crisis at the moment…

 

Are envir­on­ment­al act­iv­ists really a spy­ing priority?

Rev­el­a­tions about police­men spy­ing on envir­on­ment­al act­iv­ists sug­gest we need a sense of per­spect­ive on threats to the nation.

The cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cov­er police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cov­er cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

It should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing seni­or police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. Acpo set up the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­ist­ic demo­crat­ic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

The core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

Security forces endanger agent lives, not whistleblowers…

Our esteemed gov­ern­ments, intel­li­gence agen­cies and police forces always attack whis­tleblowers and organ­isa­tions such as Wikileaks on the grounds that unau­thor­ised dis­clos­ure of clas­si­fied inform­a­tion puts the lives of agents and inform­ants at risk.

Bob_QuickAgent iden­tit­ies, along with ongo­ing oper­a­tions (as Former Assist­ant Com­mis­sion­er of Spe­cial Oper­a­tions at the Met­ro­pol­it­an Police, Bob Quick, found to his cost two years ago) and sens­it­ive invest­ig­at­ory tech­niques, are indeed in need of pro­tec­tion.  Much else is not — par­tic­u­larly inform­a­tion about lies, cov­er-ups, incom­pet­ence and crime.

Indeed, once you delve behind the scream­ing head­lines that whis­tleblower dis­clos­ures have risked agent lives, you often find that this is abso­lutely not the case — in fact their motiv­a­tion is usu­ally to pre­vent fur­ther need­less tor­ture, death and war crimes.  So the US Defence Sec­ret­ary, Robert Gates, was forced to admit that Wikileaks had indeed not endangered lives with the pub­lic­a­tion of the Afghan War Logs last year, and Dav­id Shayler­’s tri­al judge, in his form­al rul­ing, stated that “no lives had been put at risk” by his whistleblowing.

Instead, there is a grow­ing body of evid­ence to sug­gest that the secur­ity forces are the very organ­isa­tions not tak­ing the pro­tec­tion and after­care of their agents seriously.

Mark Kennedy, the under­cov­er police officer who spied on UK envir­on­ment­al protest groups, has gone on the record to say that the super­vi­sion, care and psy­cho­lo­gic­al sup­port provided to him was woe­fully lack­ing.   Kev­in Fulton, a serving sol­dier who infilt­rated the IRA on behalf of the notori­ous Forces Research Unit, has sim­il­arly been hung out to dry and is now attempt­ing to sue the Brit­ish Gov­ern­ment to provide the prom­ised, adequate aftercare.

Mar­tin McGart­land, who worked as a source in North­ern Ire­land at the height of “The Troubles” and is cred­ited with sav­ing 50 lives, has also borne the brunt of this lais­sez faire atti­tude since he stopped work­ing for intel­li­gence.  He has the scars to prove it too, hav­ing sur­vived assas­sin­a­tion attempts, and once blindly leap­ing out of a third floor win­dow in an frantic attempt to escape tor­ture at the hands of the IRA.  As he says:

Who would put their lives on the line nowadays when they can read what hap­pens to those who did?”, McGart­land says. “I can’t go home and the IRA are sup­posed to be a former ter­ror­ist group. Nobody is hunt­ing down my attack­ers and nobody in author­ity seems to care. That has a dir­ect impact on recruit­ing agents.…”

Denis_DonaldsonThe most egre­gious case is of Denis Don­ald­son, Sinn Féin’s Head of Admin­is­tra­tion at Stor­mont in North­ern Ire­land who was outed as a MI5 and police spy by Gerry Adams in 2006.  He was bru­tally murdered a few months later, allegedly by the Real IRA, hav­ing received little pro­tec­tion or sup­port from his erstwhile spook handlers.

So who is really more likely expose cur­rent agents to the risk of psy­cho­lo­gic­al dam­age, tor­ture and death, or to deter future agents from volun­teer­ing to work with the secur­ity forces?  Prin­cipled whis­tleblowers who expose crime and incom­pet­ence with due care for pro­tect­ing real secrets, or the spooks who take a cava­lier approach to the pas­tor­al care of their agents, and then hang them out to dry once their use­ful­ness is at an end?

If you’ve done nothing wrong, you have nothing to hide.…

Well, if you’ve done noth­ing wrong, you have noth­ing to hide.  Why object to increas­ing state sur­veil­lance powers?”

I speak reg­u­larly at inter­na­tion­al events about basic freedoms, civil liber­ties and encroach­ing police states, and this is one of the most fre­quently asked questions.

This ques­tion is usu­ally posed in the con­text of the ubi­quit­ous CCTV cam­er­as that infest the streets of Bri­tain, where it is estim­ated that you can be pho­to­graphed hun­dreds of times a day going about your daily busi­ness in London. 

DroneNot to men­tion the talk­ing CCTV cam­er­as in the North of Eng­land, nor the increas­ing use of spy drones (as yet, reportedly, unweapon­ised — at least leth­ally)  over the skies of Bri­tain.  Nor the fact that the police officers in charge of CCTV units admit that the tech­no­logy is only use­ful as evid­ence in 3% of cases, and that viol­ent crime has actu­ally gone up since the spread of CCTV, so we’re cer­tainly no safer on our streets.

Nor do the well-mean­ing people ask­ing this ques­tion (who, one pre­sumes, have nev­er-ever done any­thing wrong in their lives, even to the extent of not drop­ping lit­ter) seem to grasp the his­tor­ic­al evid­ence: they retain an optim­ist­ic faith in the long-term benign inten­tions of our governments.

Yet as we’ve seen time and time again in his­tory, more dubi­ous, total­it­ari­an and malig­nant gov­ern­ments can indeed gain power, and will abuse and extend the sur­veil­lance laws and avail­able tech­no­logy against their own peoples.  And I’m not just talk­ing about Hitler­’s rise to power in the 1930s or the East Ger­man Stasi, although I’m in agree­ment with UK Edu­ca­tion Sec­ret­ary Michael Gove at the moment in say­ing that his­tory les­sons are nev­er a waste.…

Big_Brother_posterBut we also need to learn more recent les­sons: the UK in the 1970s-1990s, where the Irish com­munity as a whole was tar­geted because of fringe Repub­lic­an ter­ror­ism; or the Muslim com­munity post‑9/11, which lives with the real fear of of being arres­ted, extraordin­ar­ily rendered, tor­tured, or even assas­sin­ated on the say-so of unac­count­able intel­li­gence agen­cies; or even peace­ful protest groups in the USA and UK who are infilt­rated and aggress­ively invest­ig­ated by Stasi-like police officers.

The Uni­ver­sal Declar­a­tion of Human Rights was put in place for a very good reas­on in 1948: to pre­vent the hor­rors of state ter­ror­ism, viol­ence and gen­o­cide from ever hap­pen­ing again.  Amongst the essen­tial, inter­na­tion­ally-agreed core prin­ciples are the right to life, the right not to be tor­tured, free­dom of expres­sion, and the right to indi­vidu­al privacy. 

Which brings me neatly back to the start of this art­icle.  This is pre­cisely why increas­ing state sur­veil­lance is a prob­lem.  Because of the post‑9/11, over-inflated, hyped-up threat from soi-dis­ant ter­ror­ist groups, we are all being pen­al­ised.  The bal­ance of power is shift­ing over­whelm­ingly in favour of the Big Broth­er state.

Well, almost.  The Wikileaks mod­el is help­ing to level the play­ing field, and whatever hap­pens to this trail-blaz­ing organ­isa­tion, the prin­ciples and tech­no­logy are out there and will be rep­lic­ated.  The genie can­not be put back in the bottle.

So, why not pose the very ques­tion in the title of this piece back on those who want to turn back the clock and erad­ic­ate Wikileaks — the gov­ern­ments, mega-cor­por­a­tions, and intel­li­gence agen­cies which have been outed, shamed and embar­rassed, and which are now try­ing to sup­press its work?

If you’ve done noth­ing wrong, you have noth­ing to hide.….