‘Premature' to decide whether MI5 should face contempt probe, judges rule
In 2022, then-attorney general Suella Braverman went to the High Court to stop the broadcaster airing a programme that would name a man who has allegedly abused two women and is a covert human intelligence source.
An injunction was made in April 2022 to prevent the corporation disclosing information likely to identify the man, referred to only as 'X', though Mr Justice Chamberlain said the BBC could still air the programme and the key issues, without identifying him.
But at a hearing earlier this year, the London court was told that part of the written evidence provided by MI5 was false.
Lawyers for the BBC told the court the 'low threshold' for launching contempt proceedings against MI5 and a number of individuals, for not being fully transparent with the court, had been met.
In a decision on Wednesday, the Lady Chief Justice Baroness Carr said that a further investigation should be carried out and that it would be 'premature to reach any conclusions on whether to initiate contempt proceedings against any individual'.
The senior judge said that the new investigation should be carried out on behalf of the Investigatory Powers Commissioner.
Baroness Carr, sitting with Dame Victoria Sharp and Mr Justice Chamberlain, also said: 'The investigations carried out by MI5 to date suffer from serious procedural deficiencies.
'Their conclusions cannot presently be relied on.'
Following the ruling, MI5 director-general Sir Ken McCallum said: 'I wish to repeat my full and unreserved apology for the errors made in these proceedings.
'We take our duty to provide truthful, accurate and complete information with the utmost seriousness.
'Resolving this matter to the court's satisfaction is of the highest priority for MI5 and we are committed to co-operating fully with the Investigatory Powers Commissioner's Office and the court.'
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