MI5 to face inquiry over false evidence on neo-Nazi informant
The High Court said that two official investigations by the Security Service suffered from 'serious procedural deficiencies' and it could not rely on their conclusions. It said a robust and independent inquiry was required before they could determine whether any individuals at the spy agency will face contempt of court proceedings.
Sir Ken McCallum, director-general of MI5, reiterated his 'full and unreserved' apology over the failings.
The case first went to court in 2022 when the government tried to stop the BBC from publishing a story about one of MI5's agents, alleged to be a right-wing extremist who had hoarded Nazi paraphernalia. The informant was accused of using his status to subject his girlfriend to abuse including attacking her with a machete. The BBC was allowed to report the case but blocked from identifying the individual.
During that hearing and other related proceedings MI5 emphasised the importance of its policy to 'neither confirm nor deny', known as NCND, the existence of its intelligence assets. It gave information to three courts saying the policy had not been breached.
However, the BBC provided evidence, including notes and recordings of phone calls with MI5, that showed this was false and that it had disclosed the status of the agent, while urging an end to a journalist's investigation into him.
Lawyers on behalf of MI5 apologised earlier this year and carried out two investigations, which concluded the false evidence was given due to a series of mistakes with no deliberate attempt by any staff member to mislead.
Baroness Carr, the lady chief justice, said that a further investigation should be carried out on behalf of Sir Brian Leveson, the investigatory powers commissioner, who oversees the intelligence services. Before that it would be 'premature to reach any conclusions on whether to initiate contempt proceedings against any individual', she said.
Carr, sitting with Dame Victoria Sharp and Mr Justice Chamberlain, said: 'The investigations carried out by MI5 to date suffer from serious procedural deficiencies. Their conclusions cannot presently be relied on.'
The panel said that MI5's position was 'compounded by inadequate attempts to explain the circumstances', and that it 'chose to maintain NCND long after it was unrealistic to do so'.
They added: 'It is regrettable that MI5's explanations to this court were given in a piecemeal and unsatisfactory way — and only following the repeated intervention of the court.' The judges said they accepted the 'genuineness of the apologies proffered on behalf of MI5 [but] the fact remains that this case has raised serious issues'.
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.
'MI5 is now embarked on a programme of work to learn all lessons and implement changes to ensure this does not happen again. This programme will build in external challenge and expertise with independent assurance to the Home Secretary on our progress.
'MI5's job is to keep the country safe. Maintaining the trust of the courts is essential to that mission.'
A BBC spokesman said it was pleased judges acknowledged the role of its journalist in bringing the issue to light, adding: 'We believe our journalism on this story has always been in the highest public interest.'
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