In the early 1990s it seemed like every dance track needed to have a sample. The Prodigy – the now stadium band famous for ‘Firestarter’ and ‘Invaders Must Die’ – started out with a track that sampled Charlie the Cat from a government safety information advert.

It was probably this track that launched a thousand copies of that sampling template. Another ‘memorable’ track was one called The Bouncer. This again had a typical dance backing track of the 1990s era – and it sampled a bouncer saying ‘your name’s not down you’re not coming in’. Hard to believe this was a big hit.

The reason why this is mentioned is that recently COPS held its monthly meeting and discussion. Our concern is based on recent decisions being pumped out from the Inquiry particularly regarding those who have applied for Core Participant (CP) status and the fact that despite a supposed ‘open door’ policy, the Inquiry is increasingly turning applications away. Not just any applications – but extremely compelling applications. We are worried.

Let us remember that the Special Demonstration Squad (SDS) and its later manifestations have been involved in undercover policing of political activists since 1968. The Met themselves admit the SDS spied on over 460 groups at one time or another. The Inquiry’s Terms of Reference refers to undercover policing and does not restrict itself to the SDS. It therefore should, we believe, have a remit to look at how police forces have used undercover policing in the classic sense – that is, the way in which Mark Kennedy, Peter Francis and Marco Jacobs operated – with a new identity and ‘deep swimming.’ Yet it is not just that.

Terms of reference and an open approach?

The Terms of Reference prefers a broad definition of undercover policing. This would, it seems, include undercover policing carried out by non-SDS Special Branch and also regional police authorities. It should and could even refer to that type of state policing by MI5

A core participant broadly speaking is an individual or an institution that played, or may have played, a direct or significant role in relation to the matters to which the Inquiry relates; has a significant interest in an important matter to which the Inquiry relates; or may be subject to explicit or significant criticism during the Inquiry proceedings or in a report prepared by the Inquiry.

When the Inquiry was established there were over 200 applications for CP status. Most were accepted. A judgement made in October 2015 illustrates the open character of the Inquiry.

Based on this initial ruling we felt that the Inquiry was going to do two things, listen to those of us who were spied upon and investigate undercover policing of political groups who were engaging in their right to protest.

It was also said that there would continue to be an open door for those who wish to seek Core Participant status. We now question that initial promise, as recent refusals have thrown it into doubt.

High profile cases rejected

In the last few months a number of high profile, and not so high profile applications have been made. Many have been rejected, or should we say in legal speak they are not rejected but ‘being kept under review’.

Jenny Jones

Jenny Jones is a high profile Green Party figure. She has run for London mayor, was a Greater London Assembly member for 16 years and now sits in the House of Lords.

She was spied upon for many years and has been told by a whistleblower that some of her ‘domestic extremist’ files were shredded by the Metropolitan Police.

Apparently this was not good enough to secure Core Participant status.

Tony Mulhearn

Tony Mulhearn is a high profile member of the Socialist Party (formerly Militant) in Merseyside. Previously he was a Labour councillor and one of the leaders of the Liverpool Labour council that battled the Thatcher government in the 1980s.

In the True Spies documentary undercover officers explain that they spied on Militant. Stella Rimington and David Shayler have also advised that MI5 spied on Militant’s leading figures in Liverpool.

Again, this application for CP status was rejected.

Peter Tatchell

Peter Tatchell is a lifelong campaigner for LGBT equality, starting with the Gay Liberation Front and helping to organise London’s first Pride march in the early 1970s.

The gay rights movement was a new political force, challenging the status quo and with the potential to hugely embarrass establishment figures who were in the closet.

He renewed his commitment to LBGT direct action in the 1990s with FROCS (Faggots Rooting Out Closeted Sexuality) who exposed public figures who made homophobic pronouncements whilst having a secret gay life. He also famously attempted a citizen’s arrest of Zimbabwean president Robert Mugabe in London.

Ricky Tomlinson

Ricky Tomlinson was imprisoned because of his trade union activities. He is one of the Shrewsbury 24, and along with Des Warren was sentenced to 3 years in prison. The first episode of True Spies – ‘Subversive – My Arse’ opens the trilogy about him. A police officer accepts there is a file on Ricky Tomlinson.

He also had a file with illegal blacklisters Economic League file, and it is well established that the Metropolitan Police had close links with them and shared information.

Despite the evidence provided to the Inquiry, these four high profile cases have all had their applications for Core Participant status refused.  An impartial observer would probably be surprised at this. (Core participant rulings can be found here).

Spied on – balance of probabilities? Or beyond doubt?

In the initial period of consideration Core Participants were not only encouraged, but assessed on what can be best described as a balance of probabilities. That is to say, whilst many were able to point to an actual officer who spied on them, some CPs were unable to do so but had sufficient evidence to show that in all likelihood, given membership of a particular campaign, they would have been spied on. The Inquiry appeared to accept it had an inquisitorial function.

Since allowing 200+ people to be CPs, has there been a panic at Inquiry HQ? Recent applications have been given a much tougher time. It would appear that the assessment has gone from one of probabilities to certainty. Now it appears – particularly in the matter of the high profile cases listed above – the weight of evidence showing an overwhelming probability of being spied upon has been replaced by those applicants having to literally name the officer or officers who spied on them. For many targets of political policing, this is impossible.

The Inquiry seems to have moved the assessment goal posts without providing any announcement or guidance.

An Inquiry with an old style bouncer?

There appears to have been a change in emphasis. The Inquiry appears to have forgotten that it is inquisitorial. Its purpose is to uncover police wrongdoing, it should be assisting victims of the political secret police, rather than insisting they do their own detective work before being allowed to hear more.

This Inquiry is an extremely important. It is a once in a lifetime opportunity for the state to come clean, for the undercover officers of the SDS, National Public Order Intelligence Unit and Special Branch to come clean, and for the upper reaches of government responsible for these abuses to be held properly accountable.

For this to happen the Inquiry needs to be not only open and transparent but comprehensive too. Our fear is that, by insisting that new CP applications prove beyond doubt that they were spied upon rather than on the basis of a reasonable probability, this Inquiry – our Inquiry – is turning away from its true purpose and the demands of justice.

If these refusals continue for the flimsiest reasons it would appear that the Inquiry and the stewards of it are acting like the worst kind of bouncer –they may be registered and may have passed all the tests to become a ‘proper security’ guard but one that is still old school, still one that refuses entry on a whim – ‘you’re name’s not on the list, you’re not coming in!’.

Neil Findlay MSP addresses the Scottish parliament, 30 June 2016

Last week the Scottish Parliament had a second debate about Britain’s political secret police.

Although the majority of exposed officers from the disgraced units concerned – the Special Demonstration Squad and the National Public Order Intelligence Unit – were in Scotland, the forthcoming public inquiry is set to only cover events in England and Wales.

It has been six months since the first debate, which came shortly after the Scottish government formally asked to be included in the Pitchford Inquiry, and nothing seems to have happened.

Once again, the issue was brought to the floor by Neil Findlay MSP. In the intervening time he has marshalled a call from Scottish parliamentarians from the Labour, Conservative, Liberal Democrat and Green parties for the inquiry to include Scotland and, if this doesn’t happen, for Scotland to mount its own investigation. The SNP supports the first but not, as yet, the second point.

Findlay pressed the issue in Parliament

I know that the police, the judiciary and others will pressure the cabinet secretary to resist. Those are the very same forces that pressured politicians not to go near the Lawrence case, the Birmingham and Guildford cases, and the Hillsborough case, but brave decisions were made in the interests of truth and justice.

So, I urge the Minister for Community Safety and Legal Affairs and the cabinet secretary to do the right thing: take the brave and right decision to initiate an independent public inquiry in Scotland, should it prove to be not possible to extend Pitchford.

The call was endorsed by Green and Conservative MSPs. Speaking for the government, the SNP’s Annabelle Ewing affirmed

the Scottish Government absolutely agrees that the inquiry should look at events that took place in Scotland if that is where the evidence leads. A single, comprehensive inquiry that was able to gather all the evidence in a coherent manner would best serve the public interest on this occasion. An inquiry that was limited to England and Wales would risk doing a disservice to those who believe that they have been adversely affected by the operations of Metropolitan Police units in Scotland.

However, she simply ignored the issue of the Home Office stalling for six months and what to do if Scotland is shut out of the inquiry. Neil Findlay seized on the omission, asking

Is the minister saying that, if the Home Secretary does not expand the Pitchford inquiry, there will be no Scottish inquiry? If that is the case, can she say very clearly today that victims in Scotland will have no route to justice? Let us be up front and straight about it. Let us not be choosy with our language; let us make it very clear what she means.

But, again, Ewing avoided answering the question and repeated that they were concentrating on inclusion in Pitchford. Conservative MSP Douglas Ross asked the question for a third time, and Ewing simply repeated her previous point once more. Labour’s Claire Baker asked it a fourth time and was also subjected to repetition of a point that did not answer the question.

The session was not entirely fruitless, however. Findlay didn’t just highlight the stasis regarding the Pitchford Inquiry, he also put sensational new information into the public domain.

Today, under the privilege that this Parliament gives me, I can name Gayle Burton, who is a former head of human resources at the Costain construction company, who now works for the Jockey Club and who has been identified as the key link between the construction industry, the Consulting Association and Special Branch. Her name is identified as the source of information on files of blacklisted Scottish workers.

We also know of the involvement during the 1984 miners’ strike of Stella Whitehouse, now Dame Stella Rimington, the former head of MI5, who was regularly on the picket line at Polkemmet colliery, not 3 miles from my house, during that period.

The illegal links between police, private surveillance and big business underpin much of the spycops’ targeting of political activists. It is as great an injustice whether perpetrated in England or Scotland, so all its victims deserve the truth.

As we said last month, it does not take six months to make a simple alteration to the terms of the Pitchford Inquiry. The start date looms ever closer and it is beginning to look like the Home Office is stonewalling and that the lack of a response will effectively become a refusal once the inquiry begins.

If the Scottish government – along with the German, Northern Irish and others who have made similar demands – do not set a deadline soon, they are effectively accepting this. They are running the increasing risk of being left behind, unable to secure the truth for their citizens abused by English spycops.

Video of Thursday’s debate is on our Youtube channel, and a full transcript can be found here.

The German government have formally asked to be included in the forthcoming Pitchford inquiry into undercover policing. Five officers from Britain’s political secret police units are known to have been in the country.

Special Demonstration Squad whistleblower Peter Francis says he was the first officer to work abroad when he was sent to an anti-racist gathering in Bavaria in 1995. Francis was accompanied by his handler who stayed in a nearby hotel – the infamous former officer turned overseer Bob Lambert. The recently exposed officer known as RC is also reported to have been in Germany around ten years after Francis.

Mark Kennedy was also a frequent visitor to the country, and in 2007 went with fellow officer Marco Jacobs. Kennedy was arrested in 2006 in Berlin for arson after setting fire to a dumpster, and again at an anti-G8 protest in 2007. He gave his false name to authorities which – along with arson, of course – is a crime in Germany.

Like the Scottish government’s similar request, the German demand follows years of sustained effort by parliamentarians from the left-wing and Green parties. Tenacious parliamentarian Andrej Hunko has been working on this since Kennedy was first uncovered, and this week he welcomed his government’s call and spelled out the seriousness and breadth of the issue.

SCOTLAND WAITS AND WAITS

The forthcoming Pitchford inquiry is planning to only examine actions of spycops in England and Wales. As the majority of exposed officers were active in Scotland (and Scottish chief constable Phil Gormley had oversight of both spycops units at the key time) it is patently absurd to exclude Scotland from the inquiry.

Despite their government formally asking to be included last year, and even Tories demanding Theresa May accede, there has been no real response. It has been six months now, yet we have merely been told time and again that “talks are ongoing”.

With the preliminary sessions of the inquiry mostly over, it is starting to look like the Home Office is simply stalling and that the lack of a response will effectively become a refusal once the inquiry begins.

For their part, two representatives of the inquiry fielded questions at the recent conference hosted by the Monitoring Group and Centre for Crime and Justice Studies. They told those attending that it would be nonsense to exclude part of an officer’s story just because it happened abroad, and the inquiry would want the full picture.

Whilst this is some comfort, it is far from good enough. Firstly, the spoken assurance of underlings is very different to the declared decision of the Chair.

More importantly, it avoids many of the real issues. Spying abroad raises questions far beyond the officers’ own stories. Who organised it? Who decided their remit and purpose? How much did the host country know? Who is responsible for crimes committed by officers whilst abroad?

Peter Francis says SDS officers were given

absolutely zero schooling in any law whatsoever. I was never briefed, say for example, if I was in Germany I couldn’t do, this for example, engage in sexual relationships or something else.

NORTHERN IRELAND ALSO IN THE QUEUE

The Police Service of Northern Ireland (PSNI) says police weren’t even told that spycops were being deployed there. Yet German police confirmed to Andrej Hunko that Mark Kennedy was directed and paid by German police. Which operations were done which way, and why?

That mention of ignorance is the first official comment from police about spycops being in Northern Ireland. SDS officer Mark Jenner was there in August 1995 fighting with nationalists in a violent clash with the loyalist Apprentice Boys of Derry march.

This week PSNI’s Assistant Chief Constable Mark Hamilton told the BBC that nobody in the Northern Ireland police was ever aware the SDS were there, nor of any information being passed to them from the SDS.

With myriad other undercover operations going on in Northern Ireland during the conflict, to have sent Met officers in seems dangerously blase at best. Hamilton said

risk assessments have to be carried out. Anybody who’s deployed here without those assessments would be, in my view, an act of madness.

It seems hard to believe the SDS were so cavalier as to send their officers blundering in like that. Perhaps their contacts in the Northern Irish police aren’t admitting anything. Perhaps the SDS was working with some other arm of the British state. Or maybe this really is another area where the SDS simply didn’t think about the possible impacts on the people it worked among.

All this only refers to the SDS in Northern Ireland. Mark Kennedy, of the National Public Order Intelligence Unit, was active in Belfast in 2008. He was there with activist Jason Kirkpatrick who has had confirmation that the Northern Irish government has also asked to be included in the Pitchford inquiry.

ALL IRELAND SPYING

Kennedy was a repeat visitor south of the border as well, notably fighting with police in a Mayday demonstration in 2004. It’s been five years since this was made public knowledge and Michael D Higgins TD – now president of Ireland – demanded an explanation.

SDS officer Jim Boyling was there in the mid 1990s so it’s clear the Republic, like the North, has a long history of being targeted by both of Britain’s main spycops units.

HOW MUCH MORE?

Last year we compiled a list of 17 countries visited by spycops over a period of 25 years. It is barely the beginning. All of these instances come from the fifteen exposed officers from the political secret police units. There are over a hundred more about whom we know nothing.

How much more of this – and what else that we haven’t even imagined – did they do? What campaigns did they infiltrate? Whereabouts were they? What crimes did they commit? Which children are still looking for disappeared fathers under false names?

Their actions – which the Met itself describes as “manipulative, abusive and wrong” – were perpetrated against uncounted numbers of people. The apologies and inquiry apply to actions in England and Wales, but it is no less abhorrent if the victim is abroad and/or foreign.

The German request is a major event. The extensive incursion of spycops into politically sensitive Irish territories surely means there will surely be more demands for inclusion and information coming from there as well. Affected activists have also initiated a legal case in Northern Ireland to force inclusion in the inquiry, a tactic that may well spread to other countries. Yet the disdain with which the Scottish government’s long-standing demand has been treated by the Home Office means the fight is far from over.

The arrogant disregard for the personal integrity and wellbeing of individuals was carried over to the laws and statutes of entire countries. Everyone who has been abused by spycops deserves the full truth, be they a solitary citizen or a sovereign nation.

Chief Constable Mick Creedon

As the full scale public inquiry into Britain’s political police continues to limber up, it’s worth noting that they’re reliant on the same police that committed the abuses.

New evidence this week shows that’s not institutional, but that a individual senior officer responsible for spycops is posing in a key role as a neutral trustworthy figures.

OPERATION HERNE

The first serious attempt at inquiring into the spycops scandal was a Home Affairs Select Committee hearing in February 2013.

It took testimony from three women who had relationships with undercover officers, Helen Steel (anonymised as ‘Clare’), Lisa Jones and Alison.

It also heard from Assistant Chief Constable Pat Gallan of the Metropolitan Police, then-head of the police’s self-investigation into the issue, known as Operation Herne.

The three women who had relationships had done successful investigations to prove that their former partners were Metropolitan police officers. In contrast Pat Gallan, with a staff of several dozen, said she had uncovered very little indeed.

The hearings were the day after the Guardian revealed that Mark Kennedy’s predecessor officer had stolen the identity of a dead child called Rod Richardson. The report estimated it had happened in around eighty other cases.

Gallan, who admitted being aware a case of theft of dead children’s identities five months earlier, had somehow found no further instances and cast doubt on the Guardian’s guess.

She says she does not know if the figure of 80 children’s identities being used is accurate.  She knows of two cases.

Gallan’s numeracy is clearly as strong as her detective ability. Even by that time, there had been published stories about three officers who used dead children’s identities – Rod Richardson, John Barker (aka officer John Dines) and Peter Black (aka Peter Daley, aka officer Peter Francis).

Gallan flatly refused to apologise for the practice of stealing dead children’s identities, or for anything else. It was a PR disaster and she was removed from her post at Operation Herne by the end of the week.

With a new layer of scandal to fend off, they needed to front it someone ‘independent’.

DECAPITATE THE HYDRA

They brought in Derbyshire’s top cop, Chief Constable Mick Creedon.

The Home Secretary, Theresa May, has said revelations that police used the identities of dead children will be investigated by an independent police chief with an expertise in corruption.

Well that is certainly true, though perhaps not in the way Theresa May meant. Yet again we see the exceptionalism afforded to police. No other industry would regard a sister company whose top brass frequently transfer between one another as independent and free from bias.

It continues to this day – the police are still holding the spycops files that will be wanted by the Pitchford public inquiry. Even though a whistleblower officer has reported ‘domestic extremist’ files being destroyed by fellow officers, even though the Met corruptly destroyed a ‘lorry-load’ of documents relating to its own corruption including the Stephen Lawrence case, the public inquiry has not requisitioned the relevant documents.

What other organisation found to have committed systematic abuse of citizens would be treated this way? Which other criminals get to be custodians of the evidence that incriminates them?

The Home Affairs Select Committee issued an interim report (it never did a full one). They emphatically insisted that all families whose dead children’s identities were stolen by spycops be informed. They expected it to happen by the end of 2013. We are still waiting.

At that time Creedon, keen to calm the furore and retain credibility, rapidly produced an Operation Herne report rubbishing the idea of there only being two isolated instances of dead children’s identity theft. He said that for around 20 years – mid 1970s to mid 1990s – it was standard practice in the Special Demonstration Squad.

At this stage one hundred and six (106) covert identities have been identified as having been used by the SDS between 1968 and 2008.

Forty-two (42) of these identities are either confirmed or highly likely to have used the details of a deceased child. Forty-five (45) of these identities have been established as fictitious.

Work continues to identify the provenance of the remaining identities.

There are definitely more, though. For one, the officer known as Rod Richardson wasn’t in the SDS, he was from the National Public Order Intelligence Unit. Who knows how many of their officers did it?

Creedon explicitly rebuffed calls for an independent inquiry into spycops.

‘There has always been public concern about police investigating the police, but I’ll be brutally honest: there is no one as good at doing it as the police. We don’t seek to hide things. We do actually seek to get the truth and we do it properly and I frankly find it almost insulting that people suggest that in some way, because I’m a police officer, I’m not going to search the truth.’

THE NEW BOSS, SAME AS THE OLD BOSS

The proof that Operation Herne was just a figleafing exercise came in March 2014. After whistleblower SDS officer Peter Francis revealed his unit had spied on the family of Stephen Lawrence, Mark Ellison produced his comprehensive and damning report into the matter. His findings eventually forced the resignation of the head of Counter Terrorism Command, Richard Walton, a classic case of ‘go before they bring misconduct charges and thereby preserve your pension’.

On the very same day as Ellison’s report was published, Creedon issued his Operation Trinity report. It looked at the same issue and reached essentially opposite conclusions. He basically said that if there isn’t documentary proof of spying on the Lawrences we can’t say it happened.

So immersed was Creedon in protecting the police from exposure that the 84 page report subtitled Allegations Of Peter Francis said it

will neither confirm or deny if Peter Francis was an undercover police officer.

Four months later came a third and seemingly final Herne report, into the spying on similar racial and family justice campaigns. Two years on, the 18 families identified are still waiting for answers. Creedon and Herne are publicly silent on that and all other matters.

BY HIS OWN HAND

But this week there’s a new twist in the tale. When spycops were active, they had to be authorised by a senior officer from the constabulary they were in, as well as their bosses at the Met. More than one of the exposed undercover officers was in Derbyshire; Mark Kennedy was there many times. We know from leaked papers of Kennedy’s deployments in North Yorkshire and Nottinghamshire that the proper protocol of these authorisations was meticulously adhered to.

As Derbyshire’s Assistant Chief Constable (Operations), Mick Creedon will have been briefed on these deployments and he will have personally authorised them to go ahead. It’s quite possible that Operation Herne has custody of documents authorising Kennedy’s abuses and bearing Creedon’s signature, unless they too have been deliberately lost or destroyed.

The Undercover Research Group have just published a profile of Mick Creedon that maps his career and shows a particular involvement in protests by environmentalists, anti-fascists and other groups who were infiltrated by spycops.

Far from being a clean, neutral figure, Creedon came to Operation Herne as an insider of many years’ standing. Once again, having been proven to have abused citizens the police are shown to respond with deceit.

These attempts at self-preservation backfire by undermining any idea that the police could have a  serious commitment to honesty and integrity, let alone justice. Top to bottom and side to side, we’ve seen brand protection as their highest priority – indeed, that is the very thing that led to them undermining the justice campaigns in the first place.

There can be no faith in Operation Herne, nor any police self-investigation. There can be no trust in the people whose wrongdoing is the subject of the public inquiry being allowed to decide what does and doesn’t get revealed. The problems highlighted by the spycops scandal are endemic and institutional. The revelation of Mick Creedon’s true history proves that there is no independence in the police.

More than six years since the construction industry blacklist was exposed, firms involved have paid out millions to affected workers.

More than 3,000 people were on the illegal list run by the Consulting Association and most of the big construction companies would use it to vet applicants for jobs. Trade unionism, political activity, even just wanting the legal minimum health and safety standards was enough to get people barred from work.

Every constabulary’s Special Branch assisted by routinely supplying the blacklist with details of political activists.

In the 2000s the spycop unit NETCU – National Extremism Tactical Co-ordination Unit – met with the Consulting Association. The exact nature of the meetings has yet to be confirmed, but it clearly wasn’t to criticise or arrest the people running it.

The total compensation for blacklisting was about £75m for 771 claimants, with legal costs on both sides estimated at £25m. It will be paid by eight companies; Carillion, Balfour Beatty, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci.

Dave Smith, secretary of the Blacklist Support Group which has spearheaded the campaign for justice, said

‘Despite all of the denials and attempts to cover up their secret conspiracy, the largest multinationals in the construction sector have been forced to pay out millions in compensation.

‘Make no mistake, the High Court action is a historic victory for the trade union movement against the vicious face of free market capitalism.’

The legal action was led by the GMB whose general secretary Tim Roache added:

‘For decades household-name construction companies implemented an illegal blacklisting system, which denied a generation of trade union activists and health and safety reps an opportunity to provide for themselves and their families. Finally they have been held to account in public and at great cost to them financially and reputationally.

‘Preventing 3,213 workers earning a living to support their families was a gross injustice, and government and employers’ organisations must never forget this sordid episode. Without strong regulation and penalties holding them to account, employers will always be tempted to put profit above people.’

The settlement comes six months after the companies finally apologised in the High Court. The British legal system only measures damages in money, and so claims can be forcibly settled by wrongdoers with payouts to prevent them having to disclose details of their deeds in court.

It mirrors November’s settlement with women who brought a case against the Metropolitan Police after being deceived into intimate relationships. After years of denials and obstructions from their abusers, there was a cheque and an apology but no answers.

As Jacqui, the first woman to settle such a case with the Met, noted at the time

‘The amount of money [in the settlement] shows there is a cover-up. It says the more we dig the dirtier it gets. All they want to do is concrete it in – put it in a box and make it go away. If I had a choice – less money and more truth, I obviously would have gone for that.

As with other victims of spycops, the truth about blacklisted construction workers has had to be revealed by the victims. It has been comprehensively documented in Dave Smith and Phil Chamberlain’s book Blacklisted: The Secret War Between Big Business and Union Activists.

For the blacklisted construction workers, after October’s apology Dave Smith declared

‘The blacklisting wretches have run up the white flag. They are guilty as sin and this is a desperate attempt to to try and avoid the spectacle of a High Court conspiracy trail. Personally, I want to see the directors of this national scandal given evidence under oath about their involvement in this systematic human rights abuse. Real justice would see those responsible for ruining so many lives sent to jail.

‘Unfortunately the British legal system is unlikely to provide real justice but we will continue to push for full disclosure of the evidence that has been deliberately concealed and a public inquiry to expose the full extent of this national scandal.’

Accountability has been established. The fight for the truth will continue.

Bob Lambert then and now

Former Special Demonstration Squad officer – and later unit chief – Bob Lambert is to be investigated by police over allegations he firebombed a department store.

Stealing the identity of a dead child called Bob Robinson, Lambert went undercover to infiltrate animal rights groups in the mid-1980s. In 1986 he co-wrote the McLibel leaflet that triggered the longest trial in English history, though his involvement was kept secret from court throughout.

The following year Lambert was part of a small, secret group of animal rights activists who planted incendiary devices in branches of fur-selling department store Debenhams. They were set to ignite during the night, triggering the sprinkler system and dousing the stock – it was designed to be economic sabotage rather than an attack on people.

One night in July 1987, three Debenhams stores were targeted simultaneously. The other two activists, Geoff Sheppard and Andrew Clarke, went to target the Luton and Romford stores. Lambert was to plant devices in Harrow.

The three shops were visited and £9m of damage was done. Acting on Lambert’s information, police caught Sheppard and Clarke red-handed making the next round of devices and they were both jailed.

After Lambert’s 2011 exposure as a police officer, in June 2012 Sheppard made a statement – read out in Parliament – claiming Lambert was the third firebomber.

Lambert denied it, saying

It was necessary to create the false impression that I was a committed animal rights extremist to gain intelligence so as to disrupt serious criminal conspiracies. However, I did not commit serious crime such as ‘planting an incendiary device at the [Debenhams] Harrow store

This raises the question of who did actually plant the Harrow devices. There appear to be only two explanations. Either:

• There was a fourth firebomber. Though this person was part of the group, neither Lambert, Sheppard nor Clarke mentioned them at the time, nor at any time since. Despite getting the other two jailed, Lambert let this one get away scot free, unnamed and unaccused; or
• Lambert is lying and he planted the devices at Harrow.

Whichever, it undermines the resulting court case. In the cases of climate campaigners the Ratcliffe 20 and the Drax 29, people were convicted despite crucial evidence from undercover officer Mark Kennedy being kept from the court. After Kennedy’s exposure, it was clear these were miscarriages of justice and all 49 have now had their convictions overturned.

Lambert’s involvement in the convictions of Sheppard and Clarke is an identical situation. It has been more than two years since the convicted men submitted their appeal against conviction, yet still no decision has been made.

It is not clear why it has taken the Metropolitan Police four years to get round to investigating Lambert’s involvement in burning the Debenhams store. It is difficult to imagine any other person being left alone so long after being credibly accused of causing hundreds of thousands of pounds of damage for animal rights.

Perhaps the Met were previously unwilling to look critically at someone with thirty years’ service in their force, and who collected an MBE for services to policing on his retirement. But maybe the time has come when even the Met cannot fight the rising tide of opprobrium.

In 2014 they paid record compensation to an activist Lambert deceived into a relationship and had a child with.

Last year, another woman similarly deceived by Lambert was one of the group who received compensation and an unprecedented apology from the Met.

There is perhaps no more toxic issue for the Met than their treatment of the family of Stephen Lawrence. Earlier this year, the Independent Police Complaints Commission report into spying on the Lawrence family – an activity overseen by Lambert as Special Demonstration Squad manager – found that if he were still in the force he would be facing misconduct charges.

With this growing catalogue of abuse, as outrageous as it is undeniable, it seems the Met may finally be ready to face the truth over Bob Lambert, even if Lambert himself is not.

The full line up and timetable of April’s crucial spycops conference has been released.

Building on a hugely successful conference in 2015,  The Monitoring Group and the Centre for Crime and Justice Studies have teamed up again to produce an impressive line up of speakers to examine the role and impact of undercover policing and the surveillance of protest groups and ‘suspect communities’.

Hosted by London South Bank University School of Law & Social Sciences, the conference is supported by Imran Khan and Partners and Tottenham Rights.

About the conference

Government policy continues to invent and punish ‘suspect and targeted communities’ and frustrate genuine attempts to hold its agencies to account. This event will examine the history and disastrous impact of the policing of social and justice movements. It will open a dialogue on ‘accountability’ so that a long-awaited ‘momentum for change’ can be driven by those directly affected by disproportionality and discrimination.

In light of the upcoming Undercover Policing Inquiry the conference will seek to develop a strategic alliance between those directly affected by undercover policing (so far 170+ non-state individuals have been granted core participant status at the Inquiry), civil society and the public so that the Inquiry adopts a broader, open and more rigorous approach.

Register now

Registrations are now open. Please help spread the word about the conference via your networks, using this link.

Agenda and Speakers

Saturday: Policing of black, asian and ‘suspect communities’ – spying, lying, dying and racism

09.30   Registration

10.00   Welcome

10.15   Political policing: Setting the context — Mark McGovern, Tony Bunyan, Colin Prescod

11.15   Question and answer session

11.30   Break

11.45   Policing of ‘suspect communities’  —  Paddy Hill, Salma Yaqoob (TBC), Patrick Williams, Gareth Peirce, and John McDonnell MP, the Shadow Chancellor

12.45   Question and answer session

12.55   Introduction to the workshop leaders

13.00   Lunch

13.45   Workshops

Campaign Opposing Police Surveillance, Undercover Research Group, Blacklisted Trade Unionists, Black Justice Campaigns; JENGbA

14.45   From ‘suspect communities’ to targeting of campaigns against injustice – Suresh Grover and Deborah Coles

15.15   Question and answer session

15.30   Break

15.45   Why the Undercover Policing Inquiry is important –  Baroness Doreen Lawrence, Imran Khan, Kate Wilson, Stafford Scott

16.45   Question and answer session

17.00   Close

Sunday: Spycops and the Undercover Policing Inquiry – is accountability possible or a pipe dream?

10.00   Registration

10.30   History of the Special Demonstration Squad and Spycops, Hearne and Ellison – Rob Evans

10.50   Question and answer session

11.00   Spycops – The spied upon speak out –  Baroness Jenny Jones, Piers Corbyn, Helen Steel, Dave Smith, John Monerville, Mark Wadsworth

12.00   Question and answer session

12.30   Spycops – the hidden voices –  Janet Alder, Alastair Morgan

13.00   Lunch

The post lunch session will focus on the challenges posed by the Undercover Policing Inquiry and how to address them

13.45   Spycops – a voice that should be heard —  Statement from Peter Francis Ex-Special Demonstration Squad

14.00   An overview of the Undercover Policing Inquiry to date

Speakers to be announced

14.30   Holding the Inquiry to account —  Shamik Dutta, Courtenay Griffiths QC, Imran Khan, Harriet Wistrich, Michael Mansfield QC

15.00   Break

15.15   Workshops on the Undercover Policing Inquiry

Workshops to be announced

16.20   Feedback from workshops

16.45   Conclusions and next steps

17.00   Close

The timetable may be subject to change due to developments around the Inquiry. Delegates will be informed of any changes.

Helen Steel at the Royal Courts of Justice

Last week’s preliminary hearing of the Pitchford inquiry into undercover policing was concerned with issues of disclosure and secrecy.

Helen Steel is a lifelong activist and no stranger to the Royal Courts of Justice. She has just finished a four-year legal case against the police after she discovered her former partner John Barker was in fact undercover police officer John Dines. It was a fight characterised by Metropolitan police attempts to use any tactic to obstruct accountability and justice. At the end the Met conceded “these legal proceedings have been painful, distressing and intrusive and added to the damage and distress”.

The same Met lawyers are now wheeling out the same tactics for the Pitchford inquiry, claiming they can’t talk about officers as there is a long-standing policy of ‘Neither Confirm Nor Deny’. Helen Steel told last week’s hearing there is no such thing. Clear, comprehensive and authoritative, her speech ended with a round of applause from the court.

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Throughout all the legal proceedings that I have been involved with where the police have asserted “Neither Confirm Nor Deny”, they have never offered any documentary evidence of their so-called policy, of how it is applied or how any exceptions to it are decided. That is actually despite an order from Master Leslie in August 2013 that they should provide that documentary evidence. Instead, they provided statements, but there are no documents that have ever been provided about this so-called “Neither Confirm Nor Deny” policy.

So I just wanted to start really with a brief history about what I know of neither confirm nor deny in relation to the Special Demonstration Squad and other political policing units. I will not comment on what the situation is with the wider Security Services or with the National Crime Agency position, except to say that I have seen newspaper reports of undercover officers giving evidence in criminal trials which are open to the public, so it does seem that it is only the political policing units which are seeking total secrecy about everything they do.

I think it is also worth bearing in mind in relation to the issues raised that the main concern of this Inquiry is political undercover policing, which is different to general undercover policing in that the intention is not to obtain evidence for prosecution; it is to obtain intelligence on political movements. The result of that is that, while general undercover operations are subject to a certain amount of outside legal scrutiny as a result of the requirements for due process and fair trials, political undercover policing has never been subjected to outside scrutiny until now.

I want to start with why we are here at all. We are not here because the police unearthed evidence of bad practice within these political policing units and were so concerned that they brought it to the attention of the Home Secretary.

We are here because of the bravery of Peter Francis coming forward to blow the whistle on the deeply alarming, abusive and undemocratic practice of the Special Demonstration Squad. We are here because of the detective work of women who were deceived into relationships with undercover police officers and who, despite the wall of secrecy around these secretive political policing units, managed to reveal the true identities of our former partners and expose these and other abusive practices to the wider world.

I think it is important to bear that context in mind when listening to the police assert that you can hear their evidence in secret and still get to the truth.

CONFIRMED BY POLICE IN THE MEDIA

So going back to the history of political undercover policing and neither confirm nor deny, these revelations started to unravel, really, on 19 December 2010, when The Times newspaper wrote an article about Mark Kennedy’s seven years’ undercover in the environmental movement.

The story had already broken on the internet, on alternative news websites, including Indymedia, and The Times reported on his involvement in the planned invasion of Ratcliffe-on-Soar Power Station, which had resulted in a number of protesters being convicted.

It was reported that his real identity was Mark Kennedy, but that he was known while undercover as Mark Stone. The article then continued:

“Last week two police forces confirmed Stone’s status to the Sunday Times. ‘The individual is a Met officer,’ said Nottinghamshire Police. ‘He is an undercover officer,’ said the Metropolitan Police, ‘so we can’t say more’.”

So, on the face of it, it took nothing more than Mark Kennedy’s identity being revealed on the internet for the Metropolitan Police to confirm that he was an undercover police officer. The police actually confirmed his identity long before he was officially named in the appeal judgment in July 2011 or in the HMRC report in 2012.

The police also publicly confirmed Jim Boyling as a police officer via the media on 21 January 2011. The week after the DIL story of her relationship with Jim Boyling first appeared in the national press, the Guardian newspaper reported that Jim Boyling had been suspended from duty pending an investigation into his professional conduct.

It said that,

“In a statement the Metropolitan Police said a serving specialist operations detective constable has been restricted from duty as part of an investigation following allegations reported in a national newspaper”

A similar report was carried on the BBC.

CONFIRMED BY POLICE IN PERSON

There was not just the confirmation in the media. DIL or, as she’s known in this Inquiry, Rosa got in contact with me in late 2010 in relation to her former partner, Jim Boyling, who I had known as “Jim Sutton”, when he was infiltrating Reclaim the Streets. I was with her when she was interviewed in March 2011 by the Department of Professional Standards, who were investigating the conduct of Jim Boyling.

Her account was absolutely harrowing and, at the end of it, the police officers apologised on behalf of the Metropolitan Police. At no point in that interview did they mention “neither confirm nor deny”. On the contrary, they confirmed that Jim was a serving police officer.

CONFIRMED BY POLICE IN WRITING

Jim Boyling whilst undercover in the 1990s

They also named Jim Boyling and referred to him as a serving officer in correspondence sent relating to that interview and potential disciplinary issues arising from it from February 2011 until June 2012.

If you want to see any of that correspondence, it can be made available to show that he was named and they were not applying neither confirm nor deny.

They also provided a copy of their terms of reference to their investigation, which clearly states that they were investigating DC Jim Boyling.

Then moving on to our court case, with DIL and six other women I went on to bring a case against the Metropolitan Police Service, arising from having been deceived into relationships with these undercover officers. That case involved eight women and relationships with five different undercover police officers, spanning a period of around about 25 years, and the case incorporates both the AKJ and the DIL judgments that have been referred to at this hearing.

In that case, the first time the police asserted a policy of neither confirm nor deny was in a letter dated 25 June 2012, some six months after the initial letter before claim, and only after considerable correspondence between the parties, which had included admitting that Mark Kennedy was an undercover officer and making a series of conflicting statements about sexual relationships while undercover.

If there really was a longstanding and active Metropolitan Police Service policy of neither confirm nor deny, you would assume that the immediate response on receipt of the letter before claim in December 2011 would have been to assert such a policy straight away.

In fact, in relation to the Mark Kennedy claims, the Metropolitan Police letters had absolutely no hint of a policy of “Neither Confirm Nor Deny”. In a letter dated 10 February 2012, they stated:

“If it assists, I can confirm Mark Kennedy was a Metropolitan Police officer and did not serve with any other force. He left the Metropolitan Police Service in March 2010.”

It then goes on to state that the Commissioner is not vicariously liable in respect of Mr Kennedy’s sexual conduct, as described in the letters of claim.

In a letter of 14 March 2012, the force solicitor stated:

“I confirm that during most of the entire period from July 2003 to February 2010, Mark Kennedy was authorised under Regulation of Investigatory Powers Act to engage in conduct of the sort described in section 26(8) of Regulation of Investigatory Powers Act.

“He was lawfully deployed in relation to certain groups to provide timely and good-quality pre-emptive intelligence in relation to pre-planned activities of those groups. The authorisation extended to participation in minor criminal activity.”

There was then further correspondence in which the Metropolitan Police Service was quite open about Mark Kennedy’s identity as an undercover police officer.

It was not actually until November 2012 that the Metropolitan Police Service first raised “Neither Confirm Nor Deny” in relation to the AKJ case in their application to strike out the claim on the basis that “Neither Confirm Nor Deny” meant that they could not defend themselves. That is the Carnduff argument. By that time they had obviously confirmed his identity so it was all a bit late.

CONFIRMED BY POLICE INTERNAL STANDARDS WATCHDOG

Then, moving on to how the so-called “Neither Confirm Nor Deny” policy relates to the Department of Professional Standards, as I mentioned, the first time that the police asserted a policy of neither confirm nor deny in relation to the DIL claims was in June 2012. That came two weeks after the first mention of “Neither Confirm Nor Deny” at all from any police source which was in a letter from the Directorate of Professional Standards (Police).

Until that point, the Directorate of Professional Standards (Police) had openly discussed the investigation against Jim Boyling, but they were also asking for statements from myself and the other women in relation to the issues raised in the particulars of our claim. That included issues relating to the McLibel Support Campaign.

A letter that was from them, dated 16 April 2012, confirmed progress in relation to the investigation into DC Boyling and then went on to seek clarification relating to whether or not I wanted to make a formal complaint to the Directorate of Professional Standards (Police) of matters that were outlined in our letters before claim regarding the involvement of undercover officers in the McLibel case.

THREE OFFICERS ARE ENOUGH – TIME TO INVENT A LONG-STANDING POLICY

Bob Lambert distributes anti McDonald’s leaflets, 1986

During previous discussions we had requested information relating to what action the Directorate of Professional Standards (Police) was able to take if undercover officers were no longer employed by the Metropolitan Police Service and, as a result, we had requested confirmation as to whether John Barker and Mark Cassidy were still serving police officers.

The letter of 16 April explains that the Directorate of Professional Standards (Police) was seeking legal advice as to whether or not they could disclose that information to us.

On 11 June 2012, the Directorate of Professional Standards (Police) sent an email regarding the progression of my complaint and asking to interview me in relation to the allegations about breaches of legal privilege and Bob Lambert’s involvement in the creation of the leaflet that resulted in the McLibel action.

In that same letter, even though they have named Bob Lambert and asked me to give a statement in relation to him, they state:

“In answer to your questions surrounding John Barker and Mark Cassidy, the current position of the Metropolitan Police Service is to maintain its neither confirm nor deny stance in accordance with established policy.”

That letter on 11 June 2012 was the first time that the police mentioned “Neither Confirm Nor Deny” to us. At that point, though, since Bob Lambert was named in that same letter, it appeared that it was only in relation to John Barker and Mark Cassidy that they were asserting neither confirm nor deny.

It was only two weeks later on 25 June, when they extended that to all the officers in the DIL case, that “Neither Confirm Nor Deny” became the standard response to every request for information or compliance with the court proceedings, even though there had already been official acknowledgement that both Lambert and Boyling had been undercover officers. It was absolutely clear at that point that they were going to use “Neither Confirm Nor Deny” to create a wall of silence about these relationships.

CONFIRMED BY THE HEAD OF THE UNIT

Moving on to other evidence relevant to neither confirm nor deny about Bob Lambert. When I originally met with DIL, she informed me that while she was married to Jim Boyling, he had revealed that Bob Lambert and my former partner, John, had both been police spies in the groups that I had been involved with.

It took some time to identify that Bob Lambert had been Bob Robinson, who infiltrated London Greenpeace in the mid-1980s. But after that we felt it was important to expose his past role, which we did when he spoke at a public meeting about racism in the headquarters of the Trade Union Congress on 15 October 2011. If necessary, footage is available of that incident which confirms that no violence either took place or was threatened and that Bob Lambert hurried away, refusing to make any comment.

But two weeks later, on 24 October 2011, he issued a public statement to Spinwatch, which was an organisation which he had worked with in the past, and to the Guardian, in which he admitted,

“As part of my cover story so as to gain the necessary credibility to become involved in serious crime, I first built a reputation as a committed member of London Greenpeace, a peaceful campaigning group”

That statement contrasts sharply with the attempt to smear the group that is made in his current statement for the purposes of applying for a restriction order in connection with this Inquiry, but it also confirms his role as an undercover officer.

He has subsequently gone on to comment extensively in the media about his time in the Special Demonstration Squad, the relationships that he had, the fact that a child was born as a result of one of those relationships and the fact that he was involved in writing the London Greenpeace anti-McDonalds leaflet that became the subject of the McLibel case.

Now you would think that, if “Neither Confirm Nor Deny” had always been a Metropolitan Police Service policy, that Bob Lambert, who had supervised Special Demonstration Squad officers at one point, would have known about that and adhered to it.

CONFIRMED BY THE COUNTRY’S TOP COP

It is not just Bob Lambert. We then go on to the Commissioner of the Metropolitan Police, Bernard Hogan-Howe. You would think that this is someone who would stick to “Neither Confirm Nor Deny” if it truly was a policy adopted by the Metropolitan Police. But, no, at a public meeting of the Metropolitan Police Authority on 27 October 2011, he confirmed that ‘Jim Sutton’ was under investigation as a serving officer.

Is it really credible that, if there was a “Neither Confirm Nor Deny” policy in place, the Commissioner himself would not know about it and not adhere to it?

The transcript of those proceedings is available, it can be checked, and you will see that he answers questions about Jim Boyling.

So is it really credible that there was an “Neither Confirm Nor Deny” policy in place at that point or is it more likely, as I would submit, that “Neither Confirm Nor Deny” was suddenly adopted in June 2012, when the Metropolitan Police Service wanted a wall to hide behind after they realised that they could no longer write these relationships off as a result of rogue officers and that, in fact, there was clear evidence of multiple abusive relationships that could only have arisen through systemic failings and institutional sexism?

CONFIRMED TO THE BBC

The final and key piece of the jigsaw concerning the truth about neither confirm nor deny, which I know has already been referred to so I’m not going to say anything at length, is the True Spies television series.

In 2002, the BBC broadcasted three programmes as part of a series called “True Spies” which were entirely focused on the work of the Special Demonstration Squad. As I am sure you have heard, the programme was made with the support and assistance of the Metropolitan Police Service. While no individual officer’s identity is disclosed, undercover officers speak extensively to the camera about their work. They talk about the groups they infiltrated and the methods used. There are significant details of the undercover operations actually carried out.

I would urge you to watch True Spies so that you can see just how much of their tactics they discussed and yet how the Metropolitan Police now claim they can’t talk about those same tactics.

NEITHER CONSISTENT NOR A POLICY

I submit that they were perfectly happy to reveal their methods and the groups that they were spying on when it suited them for PR purposes and that the reason they want to bring in “Neither Confirm Nor Deny” is that actually just to cover up serious human rights abuses.

It is being used as a shield for the police from any form of accountability and to avoid any proper scrutiny of their actions to cover up illegal and immoral activities of political undercover police officers and prevent them coming to light.

There was a lot of talk yesterday about the police rights to privacy, but there was nothing at all from the police about the rights of core participants who were spied on. It took me 24 years to get acknowledgment of wrongdoing from the Metropolitan Police and from John Barker, my former partner. Other core participants should not have to wait that long, nor should they have to risk never finding out the truth and being left with permanent doubt about who people really were in their lives.

We know that the McLibel Support Campaign was infiltrated by John Dines and indeed that Bob Lambert was involved in writing the leaflet that led to the case and we know that information was shared between the Metropolitan Police and private corporations, private investigators and McDonalds that enabled the writs to be served, but what we don’t know is any of the detail
behind that. We need to know how and why that was allowed to happen in order to prevent those kind of abuses from happening again.

It is insulting in the extreme that, despite the apology, the police are still seeking to neither confirm nor deny John Dines. It is also farcical in light of my meeting with him last week and his apology to me. But it was not just insulting to me. It is insulting for everybody who has had their privacy invaded to be told that they can’t know the truth about the wrongdoing that was done against them because the privacy of those who carried out that abuse has to be protected.

NEITHER BASIS NOR JUSTIFICATION

I just also wanted to say that they seem to also be seeking unique rights in that they seem to think that they should have the right to no social ostracisation, which is something that nobody else who is accused of wrongdoing gets any form of protection from. Nobody else who is accused of something has their name covered up on the grounds that they might be socially ostracised.

So finally, I wanted to submit that, even if there had been a genuine “Neither Confirm Nor Deny” policy, there is absolutely no justification for a blanket protection of all officers, given the level of human rights abuses that we have been subjected to as core participants. I cannot see why officers who have grossly abused the fundamental human rights of others should have a permanent shield preventing scrutiny of their actions and I would say that it is not in the public interest for officers to think that they will be protected no matter what they do.

RELEASE THE NAMES

The McLibel Support Campaign supports the core participants’ call for all the cover names to be released so that the truth can be heard. We have not called for all the real names of officers to be released, although I think that there may be individual circumstances where that is appropriate, especially where those officers went on to become supervisors or line managers or are now in positions of responsibility, but I’m assuming that that would be done on a more individualised basis. However, I do believe that all of the cover names should be disclosed so that the truth can be achieved.

I also believe that to ensure the Inquiry is as comprehensive as possible, the police need to release a full list of all the organisations that were targeted. There is no reason for secrecy on this. Various groups were named in True Spies, so why is it that they can’t be named now?

The reason for wanting maximum transparency and disclosure is a political one. Without the names of undercover officers who targeted each group, it is impossible to start to assess the whole impact of their surveillance or the extent of the abuses committed. Without full disclosure, we won’t get to the full truth and we can’t ensure that preventative measures are put in place to stop these abuses happening again.

These were very, very serious human rights abuses committed by this unit, including article 3 abuses [“no one shall be subjected to torture or to inhuman or degrading treatment or punishment”]. We want to stop them happening again. That is our purpose in taking part in this Inquiry and that is the real public interest that requires that there must be openness and transparency.

John Dines, undercover as John Barker

Australian politician David Shoebridge MLC gave this statement to the New South Wales legislative council today:

In 1968 a young boy called John Barker, only 8 years old, died from leukaemia. 19 years later an undercover UK police officer called John Dines stole John Barker’s identity.

Using the stolen identity of a dead boy, and a complete lack of principles, John Dines then sought to infiltrate British environmental and left-wing movements. John Dines wasn’t working alone. He was just one of a number of undercover police employed by the UK Special Demonstration Squad using the stolen identities of dead children to infiltrate protest groups.

The SDS was established in 1968 and operated until 2008. Its purpose was to infiltrate left wing groups using undercover police officers, who provided intelligence to MI5. It has been revealed that the SDS used the names of at least 80 dead children to create the false identities for its agents. Many of these agents then entered into long term personal and sexual relationships with protest organisers and activists to gain trust and increase their access to information.

John Dines started attending Greenpeace meetings in 1987 as a member of the squad, using the name of “John Barker”. As part of his undercover activities he, and other members of this squad, entered into close and often intimate relationships with the activists that they were spying on.

In 1990 John Dines entered a serious relationship with activist Helen Steel that continued until 1992 when he simply disappeared. Helen, who is present in the chamber tonight, spent years searching for Dines. In 2011 Helen was informed that he had been an undercover police officer.

The first case similar to this that came to public attention was portrayed by the police as just being a rogue officer, but this was not an isolated incident. 8 women including Helen, then took legal action against the police as a result of being deceived into relationships with 5 different undercover officers who infiltrated environmental and left-wing movements over a period spanning 25 years, strongly suggesting an institutional practice. Theirs are not the only cases being taken over these relationships.

There have been a large number of legal challenges to the Metropolitan Police Service as a result of the SDS actions. This includes a £425,000 payment to a woman whose child was fathered by undercover police officer Bob Lambert when she was a 22 year old activist. When her child was 2 years old his father vanished, she only found out his real identity 25 years later through reading a newspaper article.

The Metropolitan police now accept this practice was morally and legally offensive. In a public apology issued in November 2015, they said:

“officers, acting undercover whilst seeking to infiltrate protest groups, entered into long-term intimate sexual relationships with women which were abusive, deceitful, manipulative and wrong”

It is hard to truly understand the impact that this would have on someone’s life.

In Helen Steel’s own words:

“I certainly feel violated by what they have done. It’s about power. We didn’t consent, and wouldn’t have consented if we had known who they were.”

“They’ve allowed this to happen in a unit of mainly male officers, in a culture where sexism is undoubtedly at play. Politicians and police officers have tried to justify it on the basis that it’s ‘necessary’, or that we deserved it in some way … The whole thing just demonstrates institutional sexism. The assumption is that, as a woman, you haven’t got the right to make a fully informed decision about who you want a relationship with, or have sex with – and that basically it’s not a problem for police to use women in this way.”

Why am I raising this case in the NSW Parliament? The answer is disturbingly simple. John Dines is now teaching police in Sydney. He is currently attached to Charles Sturt University. Since at least 2012 he has been at the Australian graduate School of Policing & Security at that University, and is now Course Director for the Mid-Career Training Programme.

This program is intended to provide senior level guidance to police officers. The learning outcomes of the unit include providing students with advanced knowledge in areas including:

• Identifying and sharing good practice
• Human Rights
• Gender Sensitivity

It is offensive in the extreme that John Dines can be involved in teaching these matters to police in this State. This is a man who professionally and systematically abused human rights as a police officer in the UK and showed a culpable lack of gender sensitivity. He has no place teaching police in NSW or in any country that says it respects human rights.

We need to ensure that similar abusive political undercover policing tactics are not replicated here or abroad. This must start with an investigation into whether NSW police have been trained by any officers from these UK units.

As part of the Metropolitan Police’s public apology, a spokesperson said:

“I acknowledge that these relationships were a violation of the women’s human rights, an abuse of police power and caused significant trauma. I unreservedly apologise on behalf of the Metropolitan Police Service. I am aware that money alone cannot compensate the loss of time, their hurt or the feelings of abuse caused by these relationships”

The Metropolitan Police recognizes that this should never happen again and the necessary steps must be taken to ensure that it does not.

Was Charles Sturt University aware of John Dines past when they employed him? Are the NSW police aware of the history of this man?

Whatever their knowledge before now, this much is clear, he must cease any involvement with teaching police in this state, before a similar apology is needed by the NSW Police.

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UPDATE: In this Guardian report Charles Sturt University’s executive dean of the faculty of arts, professor Tracey Green, said “Mr Dines was engaged by the university as a business manager and his role is solely administrative. He does not and never has held a teaching position or delivered any form of training for or on behalf of the university. He does not train police officers”.

Dines told the Guardian “You will already be aware that I met with Helen Steel on 6 March, where I gave a her a personal and unreserved apology for all and any hurt that she may have suffered. I do not intend to make any other comment.”

Tamsin Allen

How much of the public inquiry into undercover policing will be held in secret? How much of the police’s information will be revealed?

Later this month, the inquiry is holding a crucial preliminary hearing on disclosure. It will take oral submissions which, in addition to written representations, will be considered before taking a decision.

There will be a demonstration outside the High Court on 22 March, ahead of the hearing, calling for the release of all ‘cover names’ of political undercover police.

Tamsin Allen is a partner at Bindman’s and one of the lawyers representing political activists targeted by Britain’s political secret police who are ‘core participants’ at the inquiry. She represented victims of phone hacking at the Leveson inquiry and was Lawyer of the Year 2014 in Media & Information Law. She explains what the forthcoming hearing is about and what we can expect.

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On 22-23 March, the Undercover Policing Inquiry will hear submissions in relation to the legal principles to be applied to applications for s.19 Restriction Orders. This dry-sounding hearing is possibly the most crucial of the seven preliminary hearings and will effectively determine whether we are to have an open and public inquiry (with only minimal restrictions, strictly justified), or one held almost entirely behind closed doors.

The starting point for a public inquiry is that all the evidence provided to the Chair and considered for the purposes of his report should be available to the public and hearings should be open to the public. However, there is a mechanism (under s.19 of the Inquiries Act) to apply to the Inquiry for an Order that certain information should be kept secret.

There are limited grounds on which such an application can be granted – in summary they are because it would breach domestic or European law or damage a recognised public interest to make the information public, or it would conducive to the Inquiry fulfilling its terms of reference for certain information not to be revealed. Public interest immunity can, in some circumstances, also be invoked.

The Inquiry is created by a statute and, unlike when sitting as a High Court Judge, the Chair only has the powers he is given by the statute. So, every piece of information that the police want to keep secret has to be the subject of an application and the application has to be justified by reference to one of these criteria. There will need to be convincing evidence provided to the Inquiry in support of applications. The Chair cannot go beyond the grounds for restriction orders and prevent evidence from being heard in public just because it is convenient, or because the police say they would like it.

In theory, an Inquiry can be held totally in open, or almost totally in secret, providing the evidence is all provided to the Inquiry itself and any restrictions on public evidence are properly justified. There are many variations in between and Inquiries will sometimes disclose evidence to some Core Participants but not others, or to Core Participants (CPs) on the basis of confidentiality undertakings.

As an inquisitorial body, its responsibility is to assess the evidence and report back. It has to act fairly, but it doesn’t have to allow anyone else to view the material providing there are good grounds for making restriction orders.

However, given the enormous public concern about the behaviour of undercover officers deployed in political and social justice campaigns, a secret inquiry would be plainly be a travesty. Many CPs have indicated that they would not co-operate with the Inquiry in those circumstances.

The police however are asking for just that. They say that their practice of neither confirming nor denying any information about undercover officers is so important that it constitutes a public interest which should take precedence.

The non police/state CPs are finalising their positions, but they will certainly contest that position, and say that the practice is not itself a public interest, and any public interest in protecting officers from harm, or protecting important secret methods of undercover work can be dealt with in other ways.

No actual applications for anonymity or other restrictions will be dealt with at the hearing, and there will be no evidence. The chair is keen to ensure that the arguments focus solely on legal principles. But these are very important principles for the future of the Inquiry.

The Inquiry could decide to mirror the neither confirm nor deny approach – which would tie its hands in determining future applications for anonymity. Or it could decide that each application for a restriction order should be dealt with on its merits and be strictly justified, in which case the public and the victims of undercover police misbehaviour would be able to argue that their own rights to find out what happened to them should be considered and to challenge decisions if they considered that they were not properly made.

The hearing will decide how the Inquiry proposes to approach applications for restriction orders, but it is not necessarily an end to the matter. The decision could be challenged by way of judicial review if there are grounds to do so. And the same goes for the individual decisions on applications.

Although the Inquiry itself is an inquisition, the battle-lines between the Police and Home Office and the other CPs have been drawn.