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UCPI Daily Report, 4 May 2021

Tranche 1, Phase 2, Day 9

4 May 2021

Summary of evidence:
‘Bob Stubbs’ (HN301, 1971-76)

Introduction of associated documents:
‘Peter Collins’ (HN303, 1973-77)

Evidence from witnesses:
‘Mike Scott’ (HN298, 1971-76)

‘Mary’

Placards outside the spycops hearing, Royal Courts of Justice

 

‘Bob Stubbs’ (HN301, 1971-76)
Summary of evidence

Bob Stubbs’ (HN301, 1971-76) was deployed late 1971 to May 1976. His main target was the International Socialists, but he also targeted the main Irish political campaigns of the time. Though still alive, the Inquiry has chosen not to call him to give evidence, instead reading out a summary of his statement

The Special Demonstration Squad (SDS) officer joined Special Branch in 1970/71, considering it an ‘elite unit’. He was recruited to the SDS soon after. There was no formal training, and he picked up all he needed from his three months in the back office.

He says he was given ‘free rein’ to direct his own tasking:

‘I understood that the SDS’s function was to gather information about groups that posed a threat of public disorder and violence. That said, the SDS gradually morphed into more of a general intelligence-gathering unit.’

Once in the field, he visited the SDS safe house 2-3 times a week. Initially this was an informal arrangement, but by the end of his deployment it had become a requirement. All field officers were expected to attend on Mondays, Wednesdays and Fridays to meet with SDS managers from the New Scotland Yard office.

From the large gaps in dates on the reports in the Inquiry’s possession, it’s clear that a proportion of his reporting is missing. Stubbs himself specifically notes the absence of his reporting on small demonstrations – such as industrial pickets.

COVER EMPLOYMENT & THE PALESTINE SOLIDARITY CAMPAIGN

Stubbs believes that he was chosen in part due to his dark complexion, which may have assisted him to infiltrate groups focusing on Middle Eastern politics. This was a time when Palestinian hijackings were of significant concern.

His first task was to befriend a leading activist in the Palestine Solidarity Campaign – then a coalition of left groups from the Young Liberals to the International Marxist Group, and unconnected with armed groups.

He obtained a job as a laboratory technician at Guys and St Thomas’ Hospital where this activist also worked. It was a full-time job but after a couple of months he had failed to strike up the friendship with his target and so the attempt was abandoned.

MAIN TARGET – INTERNATIONAL SOCIALISTS

He then switched to the International Socialists (later the Socialist Workers Party), joining its Hammersmith & Fulham Branch. He subsequently moved on to the Wandsworth & Battersea branch and finally the Paddington branch in late 1975.

Stubbs believes that the International Socialists were principally of interest to the SDS because of the possibility of public disorder and violence, particularly during anti-fascist counter protests.

He acted as treasurer for both the Paddington branch [UCPI0000009537] and perhaps also the Hammersmith & Fulham branch. In his statement he recalls being told at the beginning of his deployment that the SDS encouraged field officers to take on a position in activist groups that would give them access to membership information.

Stubbs says he was on friendly terms with activists and would on occasion have a drink with others following a meeting. However, he says he did not form any close relationships.

In March 1973, Stubbs produced a report on the IS national conference [UCPI0000007905]. The political committee recommended that IS form factory branches and challenge the communist leadership of industrial action from the shop floor.

In April 1974, Stubbs fed back intelligence on the formation of an IS Lawyers Group, [UCPI0000007915], which aimed to provide legal advice to any member (or trade unionist) ‘who clashes with the law on pickets, marches and demonstrations’. In March 1975, [UCPI0000006921], he noted the intention of the IS to stand a candidate in the Walsall by-election.

As with many undercovers of that era, Stubbs reported on anti-fascist activity. On 6 September 1975, members of the South West London District of IS, with which Stubbs was associated, were in the ‘vanguard’ of IS members who attempted to disrupt a march by the National Front in Bethnal Green [UCPI0000007566].

RED LION SQUARE

During the course of his deployment, Stubbs witnessed public disorder and violence during demonstrations involving IS and the National Front. In particular he was was at clashes in both Leicester, and in Red Lion Square in London – the latter being the anti-fascist demonstration where Kevin Gately was killed by the police.

At this event, Stubbs says he was punched by a police officer, joining a growing list of undercover officers who were assaulted by their uniformed colleagues.

Given that police and the Scarman Inquiry blamed the death on the protestors, the fact an undercover was subject to police violence at the protest is significant. It is one of the reasons why non State core participants would have liked the undercover to give evidence.

ANTI-INTERNMENT LEAGUE (AIL)

He used his membership of IS to report on meetings of Irish political groups, particular the Anti-Internment League (AIL), which campaigned to stop the imprisonment without trial of republicans in Northern Ireland.

Whilst not directly tasked to attend meetings of the AIL, as its activities were related to the Troubles they were of automatic interest. He does not recall the AIL posing a threat of public disorder, but suspects that some members approved of the use of violence as a political tool, and of the activities of the Provisional IRA.

His reporting include AIL conferences where support for both Provisional and Official IRA was apparently voiced, and which delegates from Sinn Fein and Clann na h Éireann attended.

Other examples of his reporting include a 1972 AIL delegate meeting [MPS-0728874], where he records the detailed knowledge that one activist present, Géry Lawless, had of the alleged route to be taken by the Irish Prime Minister on his visit to the UK.

Stubbs and officer HN338 produced a joint report on the ‘Police oppression and victimisation’ conference [UCPI0000015700] organised in response to police raids on Irish homes in Coventry.

TROOPS OUT MOVEMENT – WEST LONDON BRANCH

Stubbs also reported on the later Troops Out Movement, which called for British troops to be withdrawn from Northern Ireland. In particular, he attended meetings and reported on the West London branch, which was possibly the first of the TOM groups.

His earliest report about the TOM is dated 12 November 1973 [UCPI0000009938]. He cannot recall any violence, criminality, or public disorder involving TOM members. Rather, he presumes the SDS interest in TOM was due to a supposed connection to ‘Irish extremism’.

NICRA

Several of Stubbs’ reports related to the West London branch of the Northern Ireland Civil Rights Association. He does not recall reporting on the Northern Irish Civil Rights Association (NICRA) but accepts that he must have done because there are reports in his name [MPS-0737808] regarding the group’s activities.

BELFAST TEN DEFENCE CAMPAIGN

He also seems to have had access to the Belfast Ten Defence Committee with a report of 2 December 1974 [UCPI0000015115] referring to a Committee member opening a Coop bank account for the group. The Belfast Ten had been accused of carrying out IRA bombings in London in March 1973 and held on remand, leading to a campaign for their release.

VISIT FROM THE COMMISSIONER

Stubbs recalls Sir Robert Mark, the Met Commissioner, on one occasion making a surprise visit to the SDS flat in North West London.

Bob Stubbs’ deployment came to an end in May 1976, after approximately five years, which was considered an optimal length, as he commented:

‘five years would allow time for officers to become comfortable in their role and get to know activists, but it was not such a long period that they would then find it hard to transition back to their normal lives.’

He denies any involvement in criminal activity, sexual relationships, or any kind of legal proceedings. He also stated that he never joined a trade union.

Written Statement of Bob Stubbs

‘Peter Collins’ (HN303, 1973-77)
Introduction of associated documents

Vanessa & Corin Redgrave

Vanessa & Corin Redgrave

Peter Collins‘ (HN303, 1973-77) infiltrated the Workers Revolutionary Party (WRP) from 1974 to 1977. He was asked by them to in turn infiltrate the National Front, remarkably something SDS management agreed to.

The officer is allegedly far too ill to submit a written statement, however the Inquiry highlighted reports relating to his deployment in an appendix to its opening statement.

The WRP was a Trotskyist organisation, led by someone called Gerry Healy for many years, receiving public attention due to the involvement of actress Vanessa Redgrave and her brother Corin.

It grew to a sizeable organisation with wide reach in the 1970s. Collins’ reports discuss the size of the organisation’s membership and the circulation of their newspaper, as a report on a 1975 delegate conference demonstrated [UCPI0000022002].

The same report also describes the revolutionary intent of the WRP as seen through Collins’ reporting, in which he quotes Vanessa Redgrave as telling conference that:

‘the ruling class knows that civil war is on the agenda…the time for class compromise is over; the struggle can only be resolved by force.’

Collins’ own focus seems to have been branches in North London.

POLICE RAID ON THE RED HOUSE

In the summer of 1975, Corin Redgrave purchased the White Meadows Villa in Parwich, Derbyshire, which became the WRP Education Centre. Shortly after its opening in September 1975, it was raided by police and some old bullets were found in a cupboard. The WRP’s reaction to this raid was reported by the SDS [UCPI0000009265].

A report dated 4 February 1976, [UCPI0000012240], compiled by Collins after he had attended an educational event at the Centre, details the extensive security arrangements in place there and the purported discovery of listening devices at the Centre following the police raid.

In correspondence between senior Special Branch management [MPS-0741115], Commander Rollo Watts noted:

‘It is valuable for us to learn that, despite all the speculation, the courses at ‘White Meadows’ do not include incitement to public disorder.’

Earlier, in May 1974, Collins had reported [UCPI0000009964] on measures to be taken by the WRP to combat police spies and informants and any other ’spies and agent provocateurs’ who might try to steer them away from their revolutionary Party-building and towards the kind of ‘popular-front’ actions which may expose the WRP to ’police persecution and ridicule in the capitalist press’.

As a counterpoint to the raid, the Inquiry also pointed out that although the WRP was involved with the Free George Davis Campaign, it actively sought to avoid being associated with criminal acts, [UCPI0000009410]. Davis had been jailed for bank robbery and become a cause célèbre over irregularities in the prosecution evidence.

As some point in 1975, ‘Michael Scott’ (HN298, 1971-76) began reporting on the WRP, so the authorship of some SDS reports on the group is unclear.

MI5 INTEREST

It is notable some of the SDS reports regarding the WRP are in response to Security Service (MI5) requests for information. This includes a March 1975 report [UCPI0000006993] where MI5 asked to clarify what was meant by the term ‘sleeping WRP members’.

WRP TRADE UNION ACTIVITY

Collins’ reporting on the WRP regularly referred to the WRP’s associations with trade unions. These included the Union of Construction, Allied Trades and Technicians (UCATT) and the National Union of Mineworkers (NUM) – both Core Participants in this Inquiry.

A March 1975 report [UCPI0000006909] details a Conway Hall meeting of the WRP’s Builders Section.

A report dated 24 March 1975 [UCPI0000006961] gives information about a march from Hull to Liverpool organised by the Wigan Builders Action Committee in support of the Shrewsbury Two, and claims the route was chosen to put pressure on National Union of Mineworkers’ leader Arthur Scargill to support the campaign.

SHREWSBURY TWO

Des Warren & Ricky Tomlinson, the 'Shrewsbury 2'

Des Warren & Ricky Tomlinson, the ‘Shrewsbury 2’

There are two reports which reference the Shrewsbury Two – Ricky Tomlinson and Des Warren – who were framed and jailed for ‘conspiracy to intimidate’ for their part in protesting to improve working conditions for builders during the industry’s national strike in 1972.

After nearly 50 years, their convictions were overturned earlier this year. There are two reports, [UCPI0000012752] and [UCPI0000012781], which detail the meeting of the Shrewsbury Two Action Committee organised by the WRP at the Adelphi Hotel in Liverpool on 29 July 1975. This was attended by hundreds of people, including coachloads from London.

REPORTING ON THE NATIONAL FRONT – ON BEHALF OF THE WRP

In 1975, not knowing their member was a spycop, the WRP asked Collins to infiltrate the National Front (NF), and a small offshoot of them, called the Legion of St George. This was cleared by his SDS managers, so he reported on them to the SDS for several months, until he left the field altogether [MPS-0728980].

It worth noting the two rather different assessments of Collins’ far-right infiltration contained in the SDS annual reports.

The 1975 report [MPS-0730099] mentions it in positive terms – boasting that Collins is now acting as a double agent, and leading a ‘triple life’.

However the 1976 report [MPS-0728980] noted that the NF was no longer of interest to the SDS as ‘the information gained added nothing of real value to that obtainable from already excellent Special Branch sources’ It was not considered worth placing another SDS officer into the NF after Collins’ deployment ended.

The four reports that the Inquiry has published of Collins reporting on the far-right are: [UCPI0000006931], [UCPI0000012751], [UCPI0000009480] and [UCPI0000009553].

PUBLIC ORDER DISCUSSION

In November 1977, Collins and another undercover, Barry/ Desmond Loader (HN13, 1975-78), were taken to meet Deputy Assistant Commissioner David Helm. He oversaw public order policing for the Metropolitan police.

They talked about the perspectives of those on the ground and the changes needed within the police following such events as the street violence during the confrontation between fascists and anti-fascists at the 1977 ‘Battle of Lewisham’ and the Grunwick Strike, [MPS-0732885] and [MPS-0732886], – indicating the presence of undercovers at these events.

‘Mike Scott’ (HN298, 1971-76)

Anti-Apartheid Movement posterMike Scott’ (HN298, deployed 1971-1976) is the cover name used by a former Special Demonstration Squad undercover officer who – according to the Inquiry – infiltrated the Young Liberals, Anti-Apartheid Movement (AAM) and Workers Revolutionary Party (WRP) from 1971 to 1976.

In the Inquiry, he is also known at HN298, his real name is protected. He stole the identity of a living person, Michael Peter Scott, as his cover name.

His evidence is among the most remarkable of the former undercovers heard to date, covering a clear miscarriage of justice among anti-apartheid campaigners, the theft of an identity from a living person with a callous lack of concern over the impact it could have had, and the gratuitous physical assault on a campaigner who had rightfully identified him as an undercover – something he dismissed as not really a crime.

From evidence given by Jonathan Rosenhead and Christabel Gurney on Thursday last week, it is clear that he had infiltrated the Stop The Seventy Tour, a different anti-apartheid group, rather than the AAM.

Crucially, in May 1972, Rosenhead, Gurney and ‘Scott’ were arrested with 11 others for taking part in a direct action to prevent the British Lions rugby team from leaving for a tour of apartheid South Africa. As part of a wider campaign for a sports boycott against the apartheid state, they blocked a coach carrying the British Lions team as it was about to leave a Surrey hotel for the airport.

A press report from the time recorded that he had told the court that his name was Scott and that he lived in Wetherby Gardens, Earls Court, West London. This was the address of his cover flat (at number 16). Scott was convicted of obstructing the highway and obstructing a police officer. He was fined and given a conditional discharge. Rosenhead and Gurney were also fined.

Scott’s superiors authorised him to use his fake identity in the criminal trial and to be convicted under his alias. The Inquiry is also investigating if the conviction became a criminal record attached to the real Michael Peter Scott.

In their opening statement, the Counsel to Inquiry stated:

‘Indeed it appears that senior management encouraged his participation in the criminal proceedings in the full knowledge that he would attend meetings to discuss trial tactics, but there seems little appreciation by senior management either that these meetings may be subject to legal professional privilege or that his participation in criminal proceedings as a police officer in a covert identity raised any legal or ethical considerations.’

This deceiving of a court potentially provides sufficient grounds for the activists to have their convictions overturned, something Rosenhead is considering.

Groups he targeted included:

  • Putney branch of Young Liberals – early 1972 to mid-1974
  • Commitment and the Croydon Libertarians – early 1972 to mid-1973
  • Irish Solidarity Campaign – mid 1972 to September 1972
  • Anti-Internment League – September 1972 to late 1973
  • Workers Revolutionary Party – Spring 1975 to April 1976

JOINING THE SPYCOPS

Scott had worked in the Metropolitan Police Special Branch’s ‘C Squad’, which monitored communists. Reporting on these meetings gave him a good idea of what kind of information Special Branch was interested in.

The existence of the Special Demonstration Squad (SDS) was well known within C Squad and their offices were close to each other inside New Scotland Yard.

Scott says he actively sought out the role. He does not remember any formal interview process, but does recall starting to grow his hair and beard on hearing that he was likely to be accepted into the unit.

He didn’t receive formal training and doesn’t recall any informal advice either – whether about guidance around being arrested and going to court in his undercover identity, or avoiding legally privileged conversations, though these were all issues that played a part in his deployment.

The SDS was ostensibly tasked to gather intelligence on subversion and threats to public order. Asked to define subversion, Scott replied:

‘Well, subversion is when you would do or carry out acts that would endanger the well-being of the State’.

He was clear that he felt this meant anything that would upset whoever happened to be in power at the time:

‘The government of the day, whoever they are, is elected and so therefore they have a right to be there and govern. And so therefore, anything that was likely to endanger that proper democratic situation would be subversive.’

Admitting the SDS cast a wide net, he said:

‘Most groups were not subversive but some of course had a potential to be, and that’s what we were reporting on.’

IDENTITY THEFT

As his previous Special Branch work had made him familiar with researching the background of ‘persons of interest’, Scott was familiar with the government birth registry records at Somerset House. When asked to come up with a fake identity, he went there and located a birth certificate for someone whose name and date of birth were similar to his own.

Asked if he did any assessment of the risks of stealing the identity of a living person, Scott gave an answer that implied yes, but actually means no:

‘I did an instant risk assessment, and that was that there wasn’t any risk.’

As to whether he thought there could be ill effects from having a criminal record applied to the real Michael Peter Scott, he brushed the concern aside:

‘What happened to me was not exactly a criminal record, it was really of no consequence, actually.’

In fact, it was exactly a criminal record.

There could be circumstances where he might break the law, with the permission of superiors. This is not something he’d expect to do – ‘you’re a police officer, after all’ – but says he was given no instructions or guidance, it was just left to ‘common sense’. He said that approach applied to all aspects of the job:

‘you were left to get on with it, but that was no bad thing. To have a big rigmarole about what you should do and what you shouldn’t do would be, I suppose, limiting the intelligence of your officers.’

He used Michael Scott’s birth certificate, and had a driving licence, bank account and other registration documents in the name. He thought this may, if anything, be positive for the real person:

‘It might assist him because my credit record was good.’

This quote typified the cavalier approach Scott throughout his evidence took with regard to the potential impact on the person whose identity he stole. This is seen again when the impact of his conviction in the identity of Mike Scott is covered (see below).

TASKING

Scott states that he was never tasked to infiltrate any particular group, Instead, he decided for himself which meetings and organisations would yield information of interest to Special Branch. To do this, he simply looked out for anything that would involve demonstrations, causing nuisance, or acting contrary to the law.

All the groups he and his colleagues targeted were on the left of the political spectrum:

‘There weren’t any right-wing groups who were demonstrating, or causing any problems as far as I can recall, at the time.’

Scott’s method was meandering. There was no master plan to use one group to get the credibility for a later target. He said it didn’t matter if officers duplicated one another’s work by infiltrating the same group.

Prompted by the Inquiry, he said he never discussed with management whether a group actually warranted infiltration.

MEETING AT THE SAFE HOUSE

Scott was asked about his reports and the weekly get-togethers at the SDS safe house where managers would check in and take information. His memory there was scant.

All the officers would meet there at the same time, around a dozen of them in one living room. He recalled there was high quality food and drink, as it would be ‘a fairly social occasion… it wasn’t all business’.

And yet, having gone to several hundred such meetings with a rarely-changing group, Scott does not remember the undercover discussing their deployments with one another. He claimed they didn’t discuss politics or anything else that affected their work, not even if they were likely to be at the same upcoming event.

He does remember chatting about toy lead soldiers, and claiming expenses though.

When this point was examined, he conceded that he ‘felt quite friendly with’ a few colleagues. When asked to list which ones, he only specified ‘David Hughes’ (HN299/342, 1971-76)

Scott’s skill for drawing blanks extended to his knowledge of colleagues deceiving women into sexual relationships.

Asked specifically whether Richard Clark (‘Rick Gibson’ HN297, 1974-76), who deceived at least four women into relationships, had, as a colleague described, ‘a reputation as a ladies’ man’, Scott said he knew nothing about it.

He also refuted allegations by a colleague that there was banter at the safe house meetings about sexual relationships. If such things had occurred they would not have been spoken about, he explained:

‘It’s a private thing and that’s a matter for them.’

The spycops were visited by very senior officers. Scott remembers the then-Commissioner Sir Robert Mark visited the safe house, and on another occasion Deputy Assistant Commissioner Vic Gilbert.

STARTING SPYING

Early in his deployment, Scott spied on the Spartacus League, which he described as a ‘revolutionary group’. He doesn’t remember them organising any demonstrations, though.

The Inquiry showed a July 1971 report by Scott [MPS-0732350] on a public meeting of the South West Spartacus League. One of the items mentioned was a ‘Revolutionary Training Camp’ – a week-long event under canvas in the New Forest.

When it was suggested this seemed more about public speaking and political teaching than armed revolution, Scott explained it was still of interest to Special Branch:

‘Because obviously armed insurrection starts somewhere. It starts with things like that.’

From there, Scott moved to the Enfield branch of International Socialists (IS), which later became the Socialist Workers Party.

He admitted that IS demonstrations were expected to be orderly, but certain individuals might come along and make them disorderly.

‘Revolution begins with groups like the International Socialists and there has to be some roughing up of the system in order to get on the road to revolution… I don’t think anyone was far down the road to revolution in 1971, but there was plenty of activity.’

In a wry move, Counsel confirmed that revolutionary groups would be of interest to the SDS, and turned to Scott’s infiltration of Putney Young Liberals. This lasted for at least half his deployment, with the Inquiry publishing Scott’s reports between January 1972 and August 1974.

PUTNEY YOUNG LIBERALS

Young Liberals, the youth wing of the Liberal Party (which later merged into the Liberal Democrats), was engaged in the same kind of civil rights and environmental issues that concerned the Party at large. The Putney branch meetings were usually 10-20 people, held at the home of Peter Hain, who gave evidence to the Inquiry last Friday.

Did Scott’s managers have any qualms about spying on a mainstream political party?

‘It wouldn’t have mattered what party they were from. If they were demonstrating and perhaps making a nuisance of themselves, they would have been reported on.’

The Putney branch of the Young Liberals was targeted because it included the Hain family.

In another of his explanations that start off as a denial and end up with an admission, Scott said:

‘It wasn’t the fact of Peter Hain being there. I think he was the president of the Young Liberals at the time. But in any event, much of this activity against South African rugby teams or the cricket teams were because of him. His family were very opposed to apartheid. Not just him, his parents as well, and that was the focus.’

DON’T TELL PARLIAMENT

Scott suspects managers may have thought spying on a mainstream party was risky to their reputation:

‘well of course such things, if it were to flare up, they could make a lot of fuss about it in the Houses of Parliament and people would be then worried about their jobs and, you know, it filters down.’

It’s an extraordinary admission. To say that, if the government of the day found out what he did, then his managers would have been sacked. It contrasts with his earlier claim that the SDS existed to uphold the wishes of the government of the day.

Continuing on the infiltration of Putney Young Liberals, Scott averred he was just ‘an observer’ at meetings. The Inquiry, however, showed report [UCPI0000008240] from January 1972. It’s the minutes of the Putney branch of the Young Liberals at which, of the 14 attendees, Scott was elected as the group’s Membership Secretary.

Two of the others present were Peter Hain’s younger sisters Jo-Ann and Sally, who were under 18. Scott said he didn’t remember them being there, and didn’t remember being Membership Secretary, and in fact even though he’s the credited author he may not have even written the report.

‘I’ve got no recollection at all of Jo-Ann Hain or Sally Hain or any children at any meetings because they’re of course of no relevance’.

In perhaps his most extraordinary denial-admission U-turn of the day, he went on:

‘As has been shown by the green movement, there are young ladies of tender age that can be quite significant, and so I would have possibly put them down anyway if they were in attendance’

HIGH STREET SUBVERSION

Another report on the Young Liberals [UCPI0000008254] of April 1972, describes discussion of the traffic on Putney High Street. There was mention of direct action to close the High Street, and support from a member of the Putney Society are recorded.

Scott defended his reporting by spreading the SDS’s remit to anything that might be of interest to any area of policing:

‘they were talking about closing the roads, closing the High Street. That clearly is of interest to the police. That’s it. The SDS is part of the police… I think the activities of the SDS were well-directed, and I think it was money well spent.’

CENTRE-LEFT EXTREMISTS

The Young Liberals’ 1972 annual conference was the subject of the next report [UCPI0000008255] shown by the Inquiry.

In it, Peter Hain is described as being ‘centre-left’. This report is from a unit who, according to one of its Annual Reports during Scott’s deployment:

‘concentrated on gathering intelligence about the activities of those extremists whose political views are to the left of the Communist Party of Great Britain’

There are some extremely distasteful details in this report – including a mention of the ‘Blagdon amateur rapist’, a comment Scott described as ‘amusing’.

There are details about MP David Steel’s attendance at the conference. Under the Wilson Doctrine, no MP should be subject to state surveillance (this has more recently been amended to it being permissible with authorisation from the prime minister).

Scott said his managers didn’t even remark on his breach of protocol:

‘MPs are not above the law and so in the context of the reporting no, no comment was made’

During Steel’s speech, paper planes were thrown at the stage by members of a libertarian group called Commitment. Scott attended Commitment meetings (see below), ‘as they seemed to be the ones likely to cause trouble’.

The Inquiry asked whether he meant more throwing of paper planes.

‘I expected that they could be more serious than that… none of these people, in the end, turned out to be very serious.’

Scott was asked why he reported [UCPI0000008248] the details of the red Volkswagen used by Peter Hain and his secretary in February 1972:

‘he was a person of interest and therefore it makes sense to note the vehicles such people are using.’

DEATH ON THE STREETS

The next report [UCPI0000008269] is on a Young Liberals Council meeting held in Birmingham in June 1974.

The meeting passed a motion expressing deep regret for the recent death of Kevin Gately at an anti-fascist demonstration in Red Lion Square, London, and called for a public inquiry into the way the police had handled this demonstration and the events that led to Gately’s death.

It was the first time anyone had been killed at a demonstration in England for years. The right-wing National Front were meeting nearby, and the anti-fascist counter demonstration was repeatedly charged by police, including mounted officers swinging truncheons.

At 6’ 9” tall, Gately’s head was well above the level of the crowd. He was found after a police charge, having been struck on the head. It was a major political event of the time. Scott says he has no memory of it at all.

Kevin Gately (circled), anti-fascist demonstration, London, 15 June 1974

Kevin Gately (circled), anti-fascist demonstration, London, 15 June 1974

Scott’s report records that the meeting Young Liberals Council:

‘condemns the vicious & unnecessary attack on the left wing demonstrators by the police and blatant bias shown by the police in favour of the march organised by the National Front’

It also asked the Home Secretary to commission a public inquiry and disband the Met’s notoriously violent Special Patrol Group (who five years later went on to kill another anti-fascist, Blair Peach, during another counter-demonstration against the National Front).

Scott said that ‘you need as much information as you can glean’ if you’re allocating resources for forthcoming demonstrations. But, it was pointed out, this is not about any future event, it’s a political party asking for an inquiry into a past event, within the democratic process.

Asked if the Young Liberals were targeted because they were involved in anti-apartheid campaigning, Scott confirmed that the protests at sports matches by all-white teams from apartheid South Africa were scenes of public disorder.

Why would a self-tasking undercover like Scott not choose to spy on the far right?

‘Well, as far as I know, there weren’t any problems with the far right. I guess you mean the National Front… I wasn’t aware of too many demonstrations organised by them’

COMMITMENT

Commitment was a small libertarian anarchist group who met in South London who Scott said wanted ‘to irritate and inconvenience some large companies’. Meetings were usually 6-8 people.

In March 1972, Scott reported [UCPI0000008560] on them and their objection to Rio Tinto Zinc mining in Snowdonia National Park.

He cannot recall Commitment being involved in any public disorder or criminal offences. So why infiltrate them at all? His explanation, once again, ended up opposing where it began:

‘potentially they could cause chaos in the streets. The fact that they didn’t was probably lack of organisation rather than a will to do so… because clearly if you can speak about it you can carry it out.’

Scott also infiltrated Croydon Libertarians, whose membership overlapped with Commitment. One of his reports [UCPI0000008152] from April 1973 describes how Croydon Libertarians used a length of chain to block a road as part of a campaign to create a pedestrian precinct. The chain only stayed in place for five minutes or so, to the consternation of the group. It seems clear that Scott was responsible for this rapid removal.

He said the group was no threat to public safety:

‘it was on this kind of level, no one was thinking of doing anything that was too dangerous or dramatic, it was this kind of level of stuff’

STAR & GARTER ARRESTS

On 12 May 1972, protesters blockaded the Star & Garter Hotel, Richmond, in order to prevent the British Lions rugby team leaving for the airport to go on a tour of apartheid South Africa.

A report [MPS-526782] from 16 May 1972 describes a planning meeting of around 20 people at the house of Ernest Rodker. The activists planned for look-outs – those who kept an eye on the movements of the rugby players – and for cars and deliveries of skips that could be used to block the coach from leaving the hotel.

There was a discussion of methods for signalling to each other. The report includes a story of Jonathan Rosenhead offering flares for this purpose, and later lighting one in the car-park. Rosenhead told the Inquiry last week that he has never handled a flare in his life.

Asked of he might be mistaken, Scott was adamant:

‘If I’ve written the report that said that he did it then he would have done it.’

Letter from PT to Ernest Rodker, June 1972

Letter from PT to Ernest Rodker, 14 June 1972

A Special Branch report [MPS-0737087], from the day after the action, tells of activists sitting down to block the British Lions rugby team bus, saying as each small group was arrested, another group would replace them.

Ernest Rodker in his evidence provided at handwritten letter [UCPI0000033628] from a witness to the action. In it, Scott is described as still present after most people had been arrested, and being with a woman who was trying to stop the police from moving a red Mini blocking the entrance.

Scott was one of 14 people arrested that day. His report included comments from the activists’ lawyers – these have been redacted from the documents released by the Inquiry as even now, 50 years later, they are subject to legal privilege. And yet they were put in a report to the prosecution side from a spy among the defendants!

He confirmed that he was present at meetings of the defendants and their lawyers.

The group was summonsed to appear at Magistrates Court on 14 May 1972. All the defendants pled Not Guilty and were bailed to return to court in June.

POLICE PLEASED WITH THEIR CRIME

He did not inform anyone at the court that ‘Michael Scott’ was not his real name. He was not told of anyone else doing so.

Scott had earlier told the Inquiry he did not recall ever seeing the 1969 Home Office circular document on informants who take part in crime, which expressly forbade any course of action that was likely to mislead a court.

After that first court appearance, a report [MPS-0526782] shows Deputy Assistant Commissioner Ferguson Smith also declaring himself happy to ignore Home Office protocol and continue with this subversion of the judicial system:

‘Faced with an awkward dilemma for so young an officer, I feel that DC [redacted] acted with refreshing initiative, as a result of which he must now have both feet inside the door of this group of anarchist-oriented extremists under the control and direction of Ernest Rodker. This man has been a thorn in the flesh for several years now, having had no fewer than 14 court appearances prior to 1963 for offences involving public disorder.’

Ferguson Smith is none other than the officer who oversaw Conrad Dixon’s founding of the SDS in 1968.

Arrest of undercover officers was dismissed as:

‘merely as one of the hazards associated with the valuable type of work he is doing. there is absolutely no criticism of the officer’

The memo said that the Assistant Commissioner (Crime), one of the most senior officers in the Met, had been informed. There can be no longer be any doubt that the SDS’s activities were known and approved at the highest levels of the Met.

According to another report by Scott [MPS-0737109], 13 people attended a meeting at Jonathan Rosenhead’s home on 21 May 1972 which included some discussion on legal strategy in the case – which is reported back. Scott does not recall any discussions with the unit’s managers about this legal case.

A further report by Scott [MPS-0737108] includes advice given to the group of defendants by their lawyer Ben Birnberg. Again, he has no recollection of the managers commenting on this.

Along with the others, Scott was found guilty (of obstructing both the highway and the police) and was fined. He thinks he would have claimed this under his spycops expenses.

CRIMINALISING THE REAL MICHAEL SCOTT

Scott was convicted under the identity of a real person. Asked if possible repercussions on the real Michael Scott bothered him, he was unruffled:

‘It was such a low key thing that it wouldn’t matter who you were. If you had been convicted of such a thing it would mean very little really.’

If the conviction didn’t belong to the real Michael Scott, did the spycop who stole the identity consider himself as a person with a criminal record, did he declare it if he was asked about previous convictions?

‘No, I didn’t. I never gave it another thought really.’

WEST CROSS ACTION GROUP

Scott also infiltrated the West Cross Action Group (WCAG), which opposed proposed construction of an urban motorway.

‘I suppose it’s like anyone that is protesting about a road. There’s the possibility that they would do something to stop it happening, and that’s of interest to the police.’

The reason this particular group was infiltrated became clear when we saw a report [UCPI0000008258] describing a meeting that was convened by Peter Hain and held at his home.

The next WCAG meeting report [UCPI0000008260] is from a different campaigner’s home. According to the report, Hain suggested some form of direct action should be incorporated into the campaign and suggested painting the roads at the points where the motorway would cross existing avenues might be a good idea.

Scott admitted WCAG did not cause disorder, paint roads, nor any other crime. So, were they seeking to overthrow parliamentary democracy?

‘They may well have been. They may well. But I don’t think so.’

And yet, Scott infiltrated the group, attended the meetings, and his reports were copied to the Security Service (MI5).

‘Well it wasn’t all about overthrowing democracy, it was about nuisance value and the fact that they caused problems and possibly danger to the public by their actions and therefore this is the role of the police. This is what we have police for, to look after us’.

IRISH SOLIDARITY CAMPAIGN

There are reports by Scott on the Irish Solidarity Campaign (ISC) for a short period in 1972, following in the wake of Bloody Sunday.

On 30 January 1972, British soldiers in Derry opened fire on a march protesting against internment without trial in Northern Ireland. 26 civilians were shot, 14 died. Many of the victims were shot fleeing the soldiers, and others while trying to help the wounded.

Outrage spread to Great Britain. Scott infiltrated the ISC, reporting on them from May to October 1972. He was appointed the coordinator for the donations of books to send to detainees.

He concedes that the organisation was not violent, but may have been supportive of people who were. Harking back to the formation of Special Branch – founded in 1883 to spy on Irish nationalists in London – he said:

‘this was the function of Special Branch in its origins and therefore they had a responsibility’

ANTI-INTERNMENT LEAGUE

He moved on to infiltrate the Anti-Internment League (AIL), another organisation opposed to detention without trial in Northern Ireland, from September 1972 to November 1973. He was unable to grasp the civil liberties and human rights issues, saying of the group:

‘It was about supporting the rebellion in Ireland really’

Characteristically, he contradicted himself a few minutes later. Queried about his report [MPS-0728845] that detailed a pro-bombing speech at the October 1972 AIL conference, he said such views weren’t common in the group:

‘there were many people that were essentially liberals that really, that just didn’t believe in interning people and that kind of thing.’

His report said that the conference disappointed many who came, and two members of the International Marxist Group, Géry Lawless and Bob Purdie, had taken leadership roles in the AIL.

TROOPS OUT MOVEMENT

In a September 1972 report [UCPI0000007991], Scott mentions the Troops Out Movement (TOM). He admits TOM was not violent, and did not seek to overthrow parliamentary democracy, but nonetheless:

‘Troops, I suppose, are of interest to all of us, including Special Branch. As an organisation upholding the law, they would be interested in anything that was actually anti the troops.’

There was also some crossover between TOM and the International Marxist Group, who were already targeted by spycops.

Lawless was involved in the running of TOM, and was already spied on by SDS officer Richard Clark who – as ‘Rick Gibson’ – had set up a TOM branch in order to climb through the organisation to its top level before sabotaging it. (See also the statement of Mary below.)

‘IMG is a virulent Marxist group and they were endeavouring to infiltrate anywhere they could really cause problems. But in the case of Géry Lawless, he was Irish, of course, and he was – what can I say? – he was a problem wherever he went… he was just a nasty individual actually.’

VIOLENCE AGAINST TRUTH

Scott was told Lawless had accused him of being a police officer. He decided he had to do something about in order to make everyone believe that the allegations were false.

Amazingly, the same night he was told of the accusation, while driving he apparently chanced across Lawless, who was making a call in a phone box. Going to the phonebox, Scott opened the door and confronted him angrily. On being told to ‘feck off’ he punched Lawless hard enough to chip a bone in his hand and require medical attention.

Scott laughed as he remembered this incident, claiming that Lawless was trying to take off his belt to defend himself.

Why was a crime of violence against a member of the public acceptable?

‘It was acceptable to me and I was the one that made the decision. I was the one that was there, and the person that was the so-called victim was Géry Lawless’

It was nonetheless a crime of violence, surely?

‘I don’t think so, no.’

Throughout this section of the evidence, the Inquiry’s Chair, Sir John Mitting, was visible on-screen. He did not appear to be taking this spycops criminality very seriously.

WORKERS REVOLUTIONARY PARTY

Scott chose the Little Ilford branch of the Workers Revolutionary Party (WRP) as his next target. He described the WRP as Trotskyists who were trying to infiltrate trade unions and foment industrial unrest.

We were shown one report [UCPI 0000006961] from 1975 to illustrate their ideological position. It referred to a march from Hull to Liverpool which would pass through the Yorkshire coalfields, where National Union of Mineworkers’ leader Arthur Scargill would be denounced as a ‘Stalinist betrayer of the working class’.

Peter Collins‘ (HN303, 1973-77), also infiltrated the Workers Revolutionary Party, with an unusual outcome. Not knowing he was a spy, the members asked him, in turn, to infiltrate a breakaway group of the far-right National Front.

Scott recalls meeting with Collins at the SDS safe house. He says he was not aware of this extra deployment into the far-right, and in fact says the two men never even discussed their shared experience of infiltrating the WRP.

There are many reports on the WRP, including a June 1975 report [UCPI0000012752] of a meeting of around 500 people in Liverpool that discussed the case of the jailed striking building workers known as the Shrewsbury Two.

Despite being credited as the report’s originator, Scott says knows nothing of any of these campaigns events or the case, including that the trials were held in Shrewsbury.

In April 1975, Scott reported [UCPI0000007111] on the forthcoming Catholic marriage of two members of the Little Ilford WRP:

‘It’s important to know that when members change their name by marriage and who they’re married to, it’s important to know. You build up a picture of what’s going on.’

This lack of proportionality took many forms. A month later, Scott reported [UCPI0000007176] that:

‘The Workers Revolutionary Party is actively considering infiltrating Labour Party Young Socialists with a view to the eventual subversion of all branches of the LPYS… Similar infiltration of other groups is being considered but apparently the Young Communist League has been rejected on the grounds that it is virtually non existent.’

Quite where the WRP were going to find thousands of people across the country to take over every branch of the Labour Party’s youth wing does not appear to have been considered.

After attending a WRP training course at White Meadows in Derbyshire, his deployment ended.

In all his five years undercover in the Special Demonstration Squad, Scott can only remember witnessing one occasion of public disorder. It was a demonstration in Whitehall and a man in a bowler hat trying to hit people with an umbrella. Scott can’t remember why, nor what the issue was.

Full witness statement of ‘Mike Scott’

‘Mary’

Troops Out of Ireland poster, 1975

Troops Out of Ireland poster, 1975

‘Mary’ is one of the women who was deceived into a relationship by Special Demonstration Squad officer Richard Clark (‘Rick Gibson’ HN297, 1974-76).

Mary attended Goldsmith’s College in London from 1972 to1975, and joined the Socialist Society formed of students on the far left, including the International Marxist Group, International Socialists, and many independents.

The Socialist Society assisted students, and was involved in many campaigns beyond the campus, in workplaces, factories and communities in South London. It held weekly meetings with speakers on historical, economic and social issues. These often involved topical subjects, such as Vietnam and South Africa.

Mary recalls they also had speakers on issues of anti-racism, women’s liberation, academic freedom, civil liberties, free speech and human rights in general. One of their demands was for a daytime crèche for students who were parents. It was a successful campaign.

We were affiliated to and attended the local Trades Council, and we hoped to support local workers in their struggles for improved pay and conditions.

To support the national miners’ strike in the early 1970s, we adopted a mine in Wales. I visited the town and stayed with a local family to show our solidarity.

The Socialist Society also engaged in campaigns against the fascist National Front. Mary notes that it’s important to understand that during this time the fascists had united in one organisation. They were both racist and anti-democratic:

‘The State was standing by as the fascists organised. The police by their nature were institutionally racist, and as a result let the National Front organise at will’

Mary had come to London from South Africa, so the anti-apartheid movement’s struggle was especially close to her heart

During the period she was spied upon she also supported the International Marxist Group (IMG) and National Abortion Campaign.

‘I feel uncomfortable continuing to answer the questions about the IMG and my involvement in it. The questions appear loaded.

‘My activities were for social justice and in defence of human rights — which the last time I checked, are allowed in a democratic society.’

‘Seriously, I thought this public inquiry was meant to be investigating undercover political policing’

Her statements echoes what others have said last week. With the passage of time, many of the issues we were campaigning around have been shown to be completely justified.
We were on the right side of history.

In order to campaign effectively it required challenging the State, which is our legal right and responsibility as citizens:

‘At no point was I ever involved in conspiracies or discussions to involve myself in illegal or violent activities.

‘In fact, there were a number of occasions where I felt unprotected by the police when I should have been protected. Our meeting in East Ham Town Hall was smashed up, fascists coming into the building. The police who were outside stood back and let it happen.

I had forgotten that I had a ‘party name’ but have discovered from Rick Gibson’s notes that my alias was ‘Millwall.’ I sold Red Weekly every other week outside the Den, Millwall Football Club’s ground, and outside factories in south London. I have to say I was a braver woman than I thought I would ever be.’

EMOTIONAL ABUSE

We then get to the topic of the sexual relationship with Rick Gibson.

‘He was easy to befriend, he was a harmless sort of person and he was not predatory. He was very mild, very bland and also very boring.’

Last week at the Inquiry we heard that Rick Gibson built his career infiltrating activist groups, using relationships with four different women to win trust and build his cover story.

‘He was a frequent visitor to both myself and to my flatmate (who was also an activist). I assumed that our sexual encounters were a manifestation of a mutual attraction. They proved to be half-hearted and fizzled out.

‘Had I known he was a police officer there is absolutely no way I would have had any sexual contact with him at all. His use of sex was a way of consolidating his history, and to cement his reputation. He was using it to get closer to us as a group of activists.

‘I do find it appalling that in the reports for senior management ‘Rick Gibson’ has seemingly left out the sexual contact.

‘I find the whole strategy and practice of spycops having sexual relations with activists as immoral unprincipled and a criminal abuse of emotions. It is also an abuse of their own partners and families.

‘I am totally opposed to any acts of violence. That stems from my background of being aware of State violence in South Africa.

‘I would also add that the sexual contact that I and other women faced was a form of State violence.

‘Finally, I am angry with the Metropolitan Police. It took it upon itself to do this and had a cavalier attitude to privacy. Nor did the Metropolitan Police consider the rights of people to be involved in legal and genuine political activities.’

GIBSON’S ENTRANCE

Gibson wrote to the national office of the Troops Out Movement in December 1974. Quite likely, his membership application was a police response to the Birmingham pub bombing in November. He asked if there was a local branch in South East London.

‘His letter prompted myself and other activists, such as Richard Chessum, to meet with him and launch an entirely new branch. Without the undercover, it would not have existed.’

Mary first met Rick Gibson in December 1974 or early January 1975, when he approached her at a political stall at the University. Soon thereafter, the Socialist Society launched the Troops Out Movement in South East London, and had their first meeting.

As is now clear, befriending Mary and Richard Chessum was just a stepping stone to bigger things. Gibson became London organiser of the Troops Out Movement relatively quickly, and the convenor of the national officers next.

Mary probably saw Gibson for the last time in late 1975. As he became more and more involved in TOM nationally and moved up the ‘career’ ladder he became increasingly peripheral to her.

The Inquiry has asked her if she remembered other undercover officers active as well; ‘David Hughes’ (HN299/342, 1971-76), ‘Jim Pickford‘ (HN300, 1974-76), and ‘Gary Roberts‘ (HN353, 1974-78). Mary said she sadly she can’t be of help without further information, disclosure or contemporaneous photographs that the Inquiry refuses to supply.

GIBSON’S EXIT

Gibson was exposed by members of Big Flame who did not trust him, and in their investigation found both the birth and the death certificates for the real Rick Gibson, whose identity the spycops had stolen.

Mary was simply astounded when she found out he was a police officer. But certain aspects of Rick Gibson’s behaviour clearly fell into place.

‘He was always strangely unobtainable. He would not exchange contact details and he always had reasons why he could not be contacted. He said he worked for the water board and was often away.

‘He had no political back history, no other back history, he seemed to be extremely politically naive and also utterly new to the idea of activism.’

Looking back, it is clear that his sexual advances, and the use of sex was a way of ingratiating his way into the group as a whole.

‘I am disgusted that the police felt it appropriate to spy on people campaigning for better conditions for working class people, for democracy, civil liberties and human rights.

‘I am not traumatised, just feel embarrassed and foolish being used and conned. It really angers me as the police had no right to do this.

‘The only solace I can take is that that everybody else was fooled by ‘Rick Gibson’ as well until Big Flame found out who he really was.’

Finally, Mary wants to know what personal information is held on her by the police, Special Branch and MI5, and what was passed on when she moved to Cardiff. This includes her correspondence, whether her phone was tapped and what records there are of her conversations with her friends.

Mary believes that the intelligence reports that have been disclosed only form a small part of the whole picture, and hopes the Inquiry will disclose more.

‘The reports disclosed to me must have been seen by senior civil servants and Ministers.

‘This type of political policing is completely unwarranted. I would like to know who authorised this activity by the police, and how it was justified.

‘In a democratic society there is a duty to campaign and protest when and where necessary, the actions of the police and the undercover officers bring democracy into disrepute.’

Full Witness Statement of Mary

You can read more about this case at:
‘Rick Gibson’ – spycops sexually targeted women from the start, 28 November 2017
‘Mary’ proves: sexual targeting was always part of spycops, 30 January 2017

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UCPI: Weekly Report 5: 26-30 April 2021

'Uncover The Truth' projected on the Royal Courts of JusticeThis is the second of our weekly reports on the current round of Undercover Policing Inquiry hearings examining the actions of the Metropolitan Police’s undercover political unit, the Special Demonstration Squad (SDS), from 1973-82.

These hearings are scheduled to run for four weeks before taking a break for about a year. Subsequent hearings will look at the unit’s later years.

This report summarises the main points of the second week of this set of hearings. For more details, see our daily reports linked from our Inquiry page. For background information on the Inquiry, see our UCPI FAQ.

WHAT’S NEW THIS WEEK

Following last week’s opening statements, the focus this week was on witnesses from both the undercover unit the Special Demonstration Squad (SDS) and the ‘non-state core participants’ (ie the people spied on) in the era in question.

Many of the same themes emerged as during the first round of hearings in November 2020, which looked at the SDS from its foundation in 1968 until 1972. Further evidence has done nothing to contradict the impression of the SDS as a secret and secretive unit with a remit to report every detail of the lives of the people they spied on.

‘BY ANY MEANS NECESSARY’

Spycops picked their own targets, or were assigned them by the Security Service (aka MI5). Miscarriages of justice would be authorised in order to prevent the unit being exposed. The foundations laid in the early days of the SDS were rapidly built upon during 1973–82, eventually resulting in the credo revealed by whistle-blower officer Peter Francis – ‘by any means necessary’.

And yet, the information obtained by those means was characterised by some spycops this week as being of little use; the groups they went to such lengths to infiltrate as basically harmless. Other undercovers fell back on the refrain that they reported everything and left it to their superiors to filter out what was useful. Both spycops were simply pulled out without strategy.

This doesn’t explain why some reports contained passing remarks made by individual activists that had been deliberately exaggerated, or even invented, so that the groups would seem dangerous or in favour of violence.

In this report we highlight some of the week’s events as examples of recurring themes, and look at the infiltration of various anti-apartheid campaigns. Full coverage can be found in our daily reports.

LITTLE TO NO TRAINING

Dave Robertson‘ (HN45, 1970-73) and ‘Alex Sloan‘ (HN347, 1971) – who both gave evidence on 27 April – spoke of having little to no training for their roles, and being expected to pick it up – or just make it up – as they went along.

It seems that the higher-ups were doing the same thing. A statement from spycop ‘David Hughes’ (HN299/342, 1971-76) details how SDS management did not really know what to do when another officer was suspected of, or in the case of Robertson, identified as being undercover by the people they were spying on.

Alex Sloan explained that he was not given any guidance about what to do if his cover was blown. He was never instructed on what to do if offered a responsible position like treasurer or secretary in a target group (but thought he should accept it). He was not told about ‘legal professional privilege’, a long-established legal convention prohibiting his presence at discussions between lawyers and their clients. This last point came up more than once this week.

In most cases, the spycops themselves chose which people to spy on and which groups to infiltrate. David Hughes attended public meetings advertised in then-radical magazine Time Out. As we saw last week, none of these groups (bar one) was right-wing.

Special Branch’s remit, and by extension the remit of the Special Demonstration Squad (SDS), was to deal with ‘subversion’ (opposition to the UK’s parliamentary democracy), and threats to public order. From the evidence this week, the spycops were not given clear criteria on how to assess what was subversive.

Robertson could not recall guidance about what might constitute ‘extremism’ or ‘subversion’. He said vaguely ‘it was just part and parcel of the whole’. Alex Sloan, when asked if he knew what was subversive, replied that it wasn’t for him to judge – another recurring standpoint of the spycops.

Rajiv Menon QC, representing Piers Corbyn, defined it as activity that:

‘threatened the safety or well-being of the State and was intended to undermine or overthrow parliament by political or industrial means’.

Two justifications for spying on non-subversive, non-violent, law-abiding groups emerged: a) they might lead to violent groups b) it was useful to confirm that they were indeed what they seemed to be. Neither of these justifications seem to have been borne out by the results of decades of spying.

It is now clear that both Special Branch and the SDS spycops have always had a broader remit, which extended to threats to police credibility, corporate profit, and the convenience of the government of the day.

The campaigns infiltrated were all what we would now describe as social justice groups. The one exception – as mentioned before – was when a spycop was asked to infiltrate a right-wing group by the left-wing group he was spying on.

LITTLE TO NO USE

Once the spycops were embedded in these groups, their initiative appears to have deserted them.

Another repeating theme is the spycops themselves reporting that the groups were no real threat, and / or giving evidence now that the intelligence they gathered was basically useless. Descriptions given in evidence included:

  • ‘Mickey Mouse’, ‘never scary at all’, not causing ‘aggravation to anyone’, (Alex Sloan on the Irish National Liberation Solidarity Front);
  • ‘The majority of people I encountered during my deployment were not that extreme’ (David Hughes)
  • ‘I do not think my work really yielded any good intelligence’ (Sandra Davies)

And yet, rather than withdrawing and trying to find a group that was bent on public disorder (such as Column 88, Nazis who were using firebombs), they continued to report on the peaceful groups working for positive social change.

UNFILTERED ‘INTELLIGENCE’

Nor were they directed to filter what ‘intelligence’ they gathered – every detail went into the reports, from activists’ body types to cigarette brands. Robertson said that ‘everything was fair game for reporting’, including details of flowers given to speakers. It was someone else’s job to decide what to do with the intelligence he collected.

The spycops reported highly personal information, such as the condition of Ernest Rodker’s health and the birth of his child. Some would give their own slant to their reports. Hughes stated:

‘Sometimes my personal views crept into my reporting. The SDS office never told me this was inappropriate or not permitted.’

They reported ideas from activists that were what executives now would define as ‘blue-skying’, involving fireworks, ticker-tape, and weather balloons, as though they were serious plans – despite the groups having no history of such actions.

Christabel Gurney OBE

Christabel Gurney

They reported on Christmas parties. One held as a fundraiser for the Anti-Apartheid Movement in the home of Christabel Gurney was 75p a ticket, 12p for drinks, and attended by a spycop. Sandra Davies seems to think that festive cakes and sweets made by the Women’s Liberation Front at the request of the Black Unity and Freedom Party were a ruse to ‘get their philosophy across’ to children.

Many of the reports went to MI5. Some fifty years later, MI5 still has them. Dave Robertson talked about not typing up his own reports after writing them, but knowing they were routinely copied to MI5. He said it was ‘obviously pretty routine’ that MI5 would request details about someone and the SDS would supply them.

This week Piers Corbyn, Diane Langford, and Ernest Rodker all specifically asked that their files be withdrawn and handed over to them. They are by no means the only activists who want this. It has always been one of the core demands of COPS.

A CULTURE OF DUBIOUS PRACTICES

We heard from various spycops this week, some in person and some via written statement. Despite – or because of – some convenient bouts of amnesia, their reports are consistently similar, and not just for this period (1973 – 82). They clearly indicate a culture of dubious practices that began with the very start of the undercover units and intensified, fostered by a climate of complicity, as the years passed.

All of their statements uphold the fact that knowledge of SDS activity went all the way to the top of the command chain. Hughes recalled the then-Commissioner of the Metropolitan Police, Robert Mark, visiting the unit:

‘It was obvious to me that he had concerns about the SDS. I remember words to the effect that “you realise that you could cause me tremendous problems under certain circumstances”.’

The motivation for the miscarriages of justice resulting from spycops violating lawyer-client privilege and standing trial under cover names, as demonstrated this week by ‘Michael Scott’ (HN298, 1971-76), was clear from the very beginning.

Scott was arrested as part of an anti-apartheid action. To avoid revealing the existence of the SDS, he was instructed to stand trial under his cover identity, including deliberately lying from the moment he took the witness stand. He was to attend meetings with genuine activists and their lawyer – violating lawyer-client privilege; and to withhold evidence that would have exonerated the activists (the protest took place on private land – a pub car park – and did not, as claimed, block a public highway).

Scott received a conviction – or rather, as he had chosen to steal the identity of a living person, the real Michael Scott did. The police reports show no concern at all about deceiving the court and orchestrating a miscarriage of justice, purely to avoid any ‘potential embarrassment to police’ if it became known that a spycop was involved.

Rodker sees this as part of a repeating pattern:

‘The failure to view activists as individuals with their own legitimate rights and interests, and the decision to place those second to the unfettered gathering of information on them may be a precursor to some of the more gross abuses of activists that, I note, happened in later periods of undercover policing of campaigners.’

Judge Mitting has said he will turn this matter over to the Inquiry’s panel that is due to review likely miscarriages of justice. The Inquiry has known about these miscarriages for years now, and in light of the age and health of the activists whose convictions may now need overturned, it is shocking that this Panel has still not been set up by Mitting.

IN CONTEXT

During the first week of the hearings, the police lawyers stressed the importance of looking at the activities of spycops in context, rather than through a modern lens. It was a different time with different values. A time when it was apparently fine to include in reports that: an activist couple had ‘a Mongol child’; ‘large Jewish nose[s]’, or the fact that a woman activist didn’t wear a bra, as merely objective descriptions.

It is true that the activism under discussion should be fully understood in the context of what it was trying to achieve. To properly assess the impact on the groups they infiltrated, one must know what causes the spycops were undermining.

WOMEN’S RIGHTS

Diane Langford co-founded the Women’s Liberation Front in 1970. At this time women could not get a mortgage, credit card or loan without a male co-guarantor. They did not have the right to equal pay or maternity leave, and could be fired for becoming pregnant. They had no legal recourse against discrimination in employment, education, and training. Contraception was not available on the NHS; there were no rape crisis centres. It is indefensible to say that this is a status quo that should have been maintained.

However, as spycop ‘Sandra Davies’ (HN348) told the Inquiry in November:

‘Women’s liberation was viewed as a worrying trend at the time.’.

The aims of the WLF – equal rights for women and a society free from all forms of discrimination – were clearly and publicly stated in the application for membership, which Sandra Davis would have signed when she infiltrated the group in 1971. Their methods were also clear and public: demonstrations, open meetings, street theatre, film screenings, boycotts, and other collaborative actions. Diane Langford stressed the importance placed on collective action over individuals ‘indulg[ing] in macho posturing’.

Diane Langford, New York City, 1996

Diane Langford, New York City, 1996

Dave Robertson‘ (HN45, 1970-73) reported on the WLF, and several other groups that Langford belonged to, including the Revolutionary Marxist-Leninist League (RMLL) which she formed with her late husband and fellow activist Abhimanyu Manchanda. A small group focused on studying deep political theory, the RMLL aimed to guide and advise the WLF and other groups campaigning against oppression.

When the RMLL eventually suspended Manchanda, splitting that group and destabilising two others, Robertson would play a part or even had a vote in that decision. When the WLF ousted Langford, leading it to change its name and then fall apart, Sandra Davis voted against her (and was elected treasurer shortly after).

As with Richard Clark (‘Rick Gibson’ HN297, 1974-76) last week, we see spycops deliberately taking positions of influence within the groups they infiltrated and then using this to weaken them – and bring about their demise.

There is a deeply unfunny irony in that Sandra Davis was working to delay equal rights for women on 10% less pay than her male colleagues. It is also worth noting that despite police lawyer David Perry QC (in Kate Wilson’s case) attempting to deny a culture of sexism in the SDS, this is the era in which the unit developed and consolidated the methods and practices that it would use for the next thirty years.

ANTI-APARTHEID CAMPAIGNS

Not content with preserving sexism, the SDS was also deeply suspicious of any group that sought to end racism. Again, to look at their operations in the context of the times is to see violent right-wing and fascist groups on the rise in the UK, and a government cheerfully doing business with South Africa’s apartheid regime.

Apartheid was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 until the early 1990s. It categorised people into a hierarchy of racial groups, with whites at the top.

'Beach and sea whites only' sign, apartheid South Africa

‘Beach and sea whites only’ sign, apartheid South Africa

The laws segregated all areas of life, reserving the best for whites. It affected everything from education, employment and housing to which bench people could sit on or which beach they could visit. Most of the population was denied the right to vote. Sexual relationships and marriages between people of different racial groups were illegal.

Groups fighting against apartheid in the UK were infiltrated by Mike Ferguson (HN135), ‘Michael Scott’ (HN298, 1971-76), HN332, Jill Mosdell (HN346, 1970-73), and Douglas Edwards (HN326, 1968-70).

THE ANTI-APARTHEID MOVEMENT

The Anti-Apartheid Movement (AAM) was set up to unite as many people as possible with the same goal: bringing equality and democracy to South Africa. As a UK group, they focused on the UK institutions and companies that were trading with and supporting the South African government, and attempted to stop these practices.

Anti-Apartheid Movement demonstration, London, 15 July 1973

Anti-Apartheid Movement demonstration, London, 15 July 1973

Central to the AAM’s approach was to try and avoid doing anything that would distract the press from the real issue – the violence of the South African apartheid regime. As such it eschewed violence or heated confrontation. Rather, it concerned itself which included common campaign tactics such as organising petitions, public meetings, pickets, vigils, cultural events, and mass rallies.

In 1970, the AAM President was the Rt Rev Ambrose Reeves, an Anglican bishop. Vice presidents were Sir Dingle Foot QC MP; Rt Rev Trevor Huddleston, another Anglican bishop and Rt Hon Jeremy Thorpe MP. Also on the board was the then-leader of the Liberal Party Basil Davidson, an historian who had worked for MI6 behind enemy lines in the Second World War and been awarded the Military Cross.

This is hardly a group of radical subversives; far from overthrowing parliamentary democracy, the AAM’s sole aim was to extend it to southern African nations that were subjected to racist rule of colonial white minorities.

Despite this, the AAM was infiltrated by the SDS.

STOP THE SEVENTY TOUR

Anti-Apartheid Movement posterWhile the AAM resorted to mainstream methods, younger people wanted to do more. This is how the Stop The Seventy Tour (STST) was born, its immediate and principal aim was to stop the white-only South African cricket team from touring in the UK in the summer of 1970. More broadly, its aim was to make a very strong political point that people representing apartheid were not welcome in the UK.

STST used all classic forms of non-violent direct action (NVDA), pitch invasions being the most prominent. They sought to follow the well known principles of civil disobedience learned from recent history such as the struggles for Indian independence by Mahatma Gandhi and for black civil rights by Dr Martin Luther King.

They would run on to cricket pitches and sit down. Painting slogans on the walls outside Lords cricket ground, and even these were things like ‘stop the tour’ and ‘go home’ rather than anything more profane or aggressive.

According to Prof Jonathan Rosenhead (non-state core participant):

‘Stop The Seventy Tour was a nice floppy liberal alternative organisation, which many people could join. There was no party line and no ‘militancy’ as such, and the only thing everyone agreed on was the need to end apartheid.’

Yet the STST was infiltrated by the SDS.

SPECIAL ACTION GROUP

A small group of anti-apartheid activists believed in direct action and organised in private to add an extra layer to the campaign – calling themselves the Special Action Group (SAG). Rosenhead, who took part in the SAG, refuted the suggestion of the Inquiry calling them ‘the covert arm’ of the Stop the Seventy Tour, saying they just wanted the element of surprise.

For instance, one of them would check into the hotel where the rugby team stayed, overhearing their room numbers to either glue their locks, or write a message on their bathroom mirror with shaving cream At a certain point the team just wanted to go home.

The SAG was infiltrated as well.

DAMBUSTERS MOBILISING COMMITTEE

The Dambusters Mobilising Committee (DMC) was a coalition of groups including the AAM, that opposed the construction of the vast Cabora Bassa dam project in Mozambique.

The dam was a collaboration between South Africa, Rhodesia and Mozambique’s colonial ruler Portugal. It displaced local people without compensation in order to supply electricity to apartheid South Africa, and undermined United Nations sanctions.

The DMC campaigned to dissuade British (and other European) companies from financing or otherwise becoming involved in the Cabora Bassa project.

DMC meetings were small, attended only by representatives of the organisations in the coalition. They spent a lot of time researching companies involved in the dam. Some campaigners bought shares so they could attend Annual General Meetings of various companies, such as that of Barclay’s Bank who were guarantors of some of the dam’s financing, and pose pertinent questions to the meeting.

Even this Coalition was reported on.

MCCARTHYIST QUESTIONING

There was something both incongruous as well as slightly offensive in the line of questioning pursued by the inquiry throughout the week, repeatedly pushing to imply STST activists were violent and attempting to demonise their actions.

This is especially galling given the murderous racist violence of the South African apartheid regime they were protesting against. Adding to this, that within the UK it was STST protesters who were routinely assaulted by the police, stewards and some rugby supporters.

Stop The Seventy Tour Press Conference, 7 Mar 70

Peter Hain at a press conference called by the Stop the Seventy Tour (STST) campaign, 7 March 1970. Left to right: Jeff Crawford (Secretary of the West Indian Standing Conference) England cricketer Mike Brearley, STST member Mike Craft, & STST Chair Peter Hain.

On the final day of the week, the Undercover Policing Inquiry was devoted to hearing evidence from just one person, Lord Peter Hain. He had a rich career as an activist, and hence a thick secret police file that include decades of reports from undercover officers of the SDS

Hain founded and chaired the STST campaign, from its launch in September 1969 until it was disbanded in late May 1970.

Hain refused to be put in a position where, as an activist, he had to defend his campaigning, telling the Inquiry this attitude put both them and the police at the wrong side of history.

Like earlier in the week, the Inquiry opted for a line of questioning reminiscent of the McCarthy Un-American Hearings of the 1950s, in which guilt by association with radical groups or ideas is seemingly used to justify the State’s spying.

Their first question was whether Peter Hain’s parents, who had fled South Africa, were ‘communists’, when it is well known they were active members of the Liberal Party.

WASTE OF POLICE MONEY

Asked if it was understandable that police ‘faced with these novel, rather effective tactics’ should seek to gather all the information they could on campaigners’ secret plans, Hain cut in:

‘I know what you’re trying to insinuate, but… we were transparently public, some might say unwisely honest, about what our intentions were, which was to stop the tour by non-violent direct action.’

Hain made the point that the Anti-Apartheid Movement suffered extreme violence from agents of the South African State in London. This included the bombing and arson attacks on their offices, letter bombs being sent to their homes. Hain himself was sent one – it was opened by his teenage sister, and the matter was never fully investigated by the police. Hain demanded to know why this was.

Hain put it to the Inquiry that the SDS was a completely disproportionate waste of police resources: ‘

Why were they not targeting the agents of apartheid bombing and killing and acting illegally and violently in London at the time?’

In response to the Inquiry’s repeated suggestions that the STST took risks with their actions, that could have led to violence, Hain insisted that the main violence came from the other side. He described the brutal response to a pitch invasion at the Springboks’ match in Swansea in November 1969:

‘They ran on, they sat down, they interrupted play for, as I recall, over ten minutes, as it was intended. They were then carried off by the police and thrown to rugby stewards, rugby vigilantes, if you like, recruited for these purposes, and thoroughly beaten up. A friend of mine had his jaw broken, a young woman demonstrator nearly lost an eye…

‘They could have been carried out of St Helens, but there was clearly a pre-planned attempt to beat the hell out of the protesters, and that’s what happened.’

‘SOUTH AFRICAN TERRORIST’

The mindset and political framework of the undercover policing units seems not to have changed over the years.

A police report from 1993 – as the apartheid regime was collapsing and Nelson Mandela, three years out of prison, was poised to become president – refers to the Anti -Apartheid Movement as ‘Stalinist-controlled’. If that is the type of thinking of these units, Hain said:

‘we have a particular ideology of undercover policing which frankly cannot be defended.’

He has also learned recently, from a document revealed last month in Kate Wilson’s case in the Investigatory Powers Tribunal, that in November 2003 he was described as a ‘South African terrorist’ by undercover police officer Mark Kennedy.

Kennedy was in the National Public Order Intelligence Unit, a parallel unit to the SDS, and deceived Kate (and other environmental campaigners) into a relationship.

At the time this spycop was calling him a terrorist, Hain was was a member of the British Cabinet, Secretary of State for Wales, the leader of the House of Commons and the Lord Privy Seal.

Hain retorted with a with a question that summarises the hearings of this week effectively:

‘What is it in the DNA of undercover policing that allows its officers to get such a biased and reactionary view of the world, that they make these kind of biased and completely unrepresentative and libellous and defamatory statements?’

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Kate Wilson Case Exposing Spycops Concludes

Our report from the second and final week of Kate Wilson‘s landmark case, the culmination of ten years’ legal action challenging Britain’s political secret police. As an activist, Kate was spied on by at least six spycops.

Kate Wilson & her legal team, Royal Courts of Justice, 27 April 2021

Kate Wilson (front, third from left) & her legal team, Royal Courts of Justice, 27 April 2021

Last week saw the opening of Kate Wilson’s case in the Investigatory Powers Tribunal. Kate, represented by Charlotte Kilroy, QC, put forward how her human rights were interfered with by multiple undercover police officers, particularly Mark Kennedy who deceived her into a relationship. We covered much of that in part one of this article.

Day 4 (Monday 26 April 2021)

This day was given over to the police to make their arguments, resuming from where they had left off last week. David Perry QC spoke for the entire day.

He was frequently interrupted by the three judges on the Tribunal panel. They were clearly uncertain about positions he was taking in relation to the law, and at times told him they considered his analysis illogical.

MARK KENNEDY TO BLAME

Perry maintained the position that Mark Kennedy was to blame for everything, and that the other officers were unwitting dupes of his lies. This included not being properly open with his principal cover officer, known only by the cipher EN31. It’s the police’s position that the evidence they’d been forced to disclose, such as the contact logs, needed to be read through this lens, given the lack of substantive witnesses.

Kate Wilson:

Perry then goes back over his case from last week, stressing MK was selective and untrustworthy in the information he gave. MK portrayed me to be an influential activist in the UK and overseas, but that must be treated with caution because we now know that MK lied.’

Senior officers can’t have known, Perry argued, as otherwise they would have taken immediate action. Plus, all the senior officers in close proximity to Kennedy deny knowledge of his behaviour.

What followed was essentially a rehash of this point from different angles. All the blame lay with Kennedy, not EN31 or anyone higher up. For instance, it was Kennedy who set out the intelligence case for explicitly citing Kate as a target, namely that she was an influential activist both in the UK and overseas. He justified time spent with Kate and her family to EN31 by referring to chance events which were unavoidable or unwelcome.

Kate Wilson:

Sir Stephen House (who knows nothing about the case) notes MK sometimes explains time spent with me as a “chance” event, and sometimes included political intelligence to what were entirely social and/or romantic events. Again, odd, they seem to think this is a defence.’

Perry relied on the witness statement from Lisa (another of the women Kennedy deceived into a relationship). She had shown that the contact logs held misleading information about him spending time with her and why it was required.

A particularly harsh example of this was the reasons given for Kennedy attending the funeral of Lisa’s father, which in a rare moment EN31 actually questioned. In Perry’s interpretation of the contact logs, Kennedy engineered an excuse as to why he had to be there, pressing on with the intrusion all the same, despite his cover officer’s concerns.

Kate Wilson:

MK is authorised in 2006 to attend a deeply personal event – Lisa’s father’s funeral. Somehow police lawyers seem to think MK’s claim he delivered “sympathy cards” means his handlers were duped into letting him attend. Frankly this is insensitive nonsense from Perry QC.’

The next day, Charlotte Kilroy challenged this line of argument on the basis that Kennedy’s reasons were a distraction. The fact is, that the ‘reasons’ were a later detail provided by Kennedy after he had already told EN31 he was attending the funeral.

Furthermore, the cover officer didn’t ask why he had been invited (underlining the point that EN31 was not being intrusive because he already knew of the relationship).

Another occasion Perry relies upon as proof of Kennedy deceiving his managers, was when the undercover was recorded as off-duty but was in fact in Spain with Kate – something Kate was able to evidence with photos from the visit. Similarly, on other rest days in 2008 he was in fact in Scotland with Lisa.

SENIOR OFFICERS KNEW NOTHING

The authorisations for Kennedy’s deployments were based on Kennedy’s own intelligence. Senior officers had no reason to doubt his honesty as an officer, Perry argues, as at that point they did not know his credibility had been hopelessly compromised by his relationship with Kate and other women.

Of course, EN31 could have done a better job by being more diligent instead of placing so much trust in Kennedy. Especially as EN31 knew, and had spent time with, Kennedy’s family. However, it wasn’t really his fault; he was being misled as well. And who are we to doubt EN31 when, according to his statement, he had made it clear to Kennedy that any impropriety – such as sexual relationships – would be the end of his deployment?

Kate Wilson:

Sir Stephen House himself accepts that there are multiple indications in the documents suggesting that EN31 knew or ought to have known. All he says about the other spycops officers is that there are “less indications” that they knew.’

The police barrister was treading risky ground. Kate’s case makes a strong argument that EN31 clearly did know of Kennedy’s sexual relationships, in which case EN31 was part of deceiving Kennedy’s family.

Kate Wilson:

The police say we should think like officers at the time – there was (“rightly or wrongly”) operational benefit to MK to developing the relationship, and officers receiving evidence of a developing relationship would have seen it in that context. Erm… that is my case.’

Perry did accept that in situations where Kennedy might be called to give evidence, even if his sexual relationships had no direct bearing on the case, the very fact of them would damage his credibility all the same. He had breached police regulations and lied to get authorisations in place, so could not be put forward as a truthful witness.

Again, this was evidence in Perry’s eyes that the senior officers were ignorant. One such officer, O-24, who headed the National Public Order Intelligence Unit’s undercover unit which deployed Kennedy, apparently concurred, saying the policing and evidential purposes of the operation would have been affected by the relationships.

MARK KENNEDY ACTED AS AN AGENT PROVOCATEUR

For instance, the collapse of the Ratcliffe on Soar case in 2011 related not only to the discovery that Kennedy was a spycop, but also to evidence that he acted as an agent provocateur.

Undercover officer Lynn Watson

Undercover officer Lynn Watson, deployed at the same time as Kennedy, knew of his relationships

Curiously, Perry also relied on the claim that in any prosecution, the defendants would have to be told that Kennedy was an undercover; something that rarely happens. Other cases involving spycops indicate that police collapsed trials outright rather than letting an officer go to trial under their cover name.

Perry argued that other spycops deployed in proximity to Kennedy did not raise concerns over his relationships. He saw two possible explanations. Either they were unaware that the relationships were sexual, or they were aware, knew that it was wrong, and kept quiet. For Perry, both explanations were supportive of more senior officers not being in a position to have that knowledge.

This point was later challenged on the grounds that Perry was ignoring a third option: that it was an accepted cultural practice. Two of the undercovers closest to Kennedy – Lynn Watson and Marco Jacobs – both had their own intimate relationships with activists. Without question, Watson knew of Kennedy’s relationships. It was clear that there was complicity among the spycops, and a deliberate turning of a blind eye to this behaviour.

Kate Wilson:

Another point is that spycops Lynn Watson and Marco Jacobs knew about MKs relationships. Perry says that the fact they didn’t raise concerns shows ‘They knew it was wrong and decided not to draw attention to it’. Again, he thinks that is a point in the defence the police.’

Perry did accept that in relation to Article 8 (the right to private and family life), senior managers had not done enough to supervise the operation and so protect Kate from excessive intrusion. However, he maintained the argument that management had little reason to express concern over Kennedy’s conduct at the time of the relationship.

Two important reports relied on by both sides came from the Serious Organised Crime Agency (SOCA) and HM Inspectorate of Constabulary (HMIC). Both examined the Mark Kennedy scandal in its immediate aftermath; SOCA in 2011, though it remained private, while a public version of the HMIC report was released in 2012 as ‘A review of national police units which provide intelligence on criminality associated with protest’.

Spycop Mark Kennedy under arrest, Nottingham, April 2009

Spycop Mark Kennedy under arrest, Nottingham, April 2009

DRAX CLIMATE CAMP ARREST

Perry addressed the point made in these reports that Kennedy was resistant to management instructions on two occasions. One was his arrest at Drax Climate Camp in 2006. The other was a trip abroad in 2009 with an unnamed woman, defying parameters set by management. Here he was met by officers and ordered to return to the UK.

The question Perry sought to raise, was whether proper action was taken by Kennedy’s managers.

After Drax, Kennedy was suspended and not re-deployed until later in the year. It is clear though that he remained in the field, as during that time a car he was in with other activists was stopped by a police officer who recalled him from the Drax arrest.

Following his arrest at Ratcliffe in April 2009 he was effectively no longer operational. The contact log was suspended so there is little evidence from that time. His managers began working on an exit strategy for some time in 2010.

The unauthorised trip abroad in 2009, however, accelerated the decision to withdraw him from the field completely. His deployment was ended on 23 September 2009. Kilroy later drew the Tribunal’s attention to the fact that during this period the National Public Order Intelligence Unit (NPOIU) continued to produce reports based on Kennedy’s communications.

Kate Wilson:

Perry is paying a lot of attention to the fact that MK was pulled out of his spycops role in late 2009. That is SIX YEARS after he first started having sex with women he was spying on. Shutting the door after the horse had bolted does not really cover it.’

Following this line of argument Justice Lieven remarked to Perry that, despite repeated breaches of his deployment and instructions, no disciplinary action was taken.

Lord Boyd commented that the unit seemed unaware of where Kennedy was when he was not operational, and this was a welfare issue since it was clearly not easy to switch the cover persona on and off. He asked if they did know his whereabouts, and were they checking on his welfare, particularly if he was having to maintain his cover for being redeployed. Perry answered that contact was maintained on rest days by EN31, but accepts there should have been more oversight.

INSTITUTIONAL SEXISM IN UNDERCOVER UNITS

A part of Kate Wilson’s case is that the deployments of Kennedy and his fellow spycops expose institutional sexism within the undercover units. This breaches Article 14 (freedom from discrimination).

Perry noted there are direct and indirect aspects to that claim. In his view, the Tribunal didn’t need to deal with the direct aspect as the policy and guidance of the time was gender-neutral.

Kate Wilson and Mark Kennedy

Kate Wilson and Mark Kennedy

As to indirect discrimination against women, Perry claimed there wasn’t a case to answer as one would have to establish that female undercovers faced different risks from male undercovers.

Justice Lieven was clearly not having it and took his arguments apart. She noted that one had to look at the actual outcomes, not the hypothetical ones advanced by Perry. Far more women were deceived across both main spycop units, the Special Demonstration Squad and National Public Order Intelligence Unit, so there was clearly a disproportionate impact.

Perry retreated to pleading against making stereotypical assumptions or generalisations about men and women. This still did not wash with Lieven – the factual evidence was against Perry. Lord Boyd also noted Charlotte Kilroy’s arguments on behalf of Kate Wilson around issues such as pregnancy creating a difference and having significant impact. Any analysis would have to take this into account as well – biological difference was not the same as stereotyping.

The judges also pointed out that indirect discrimination does not have to stem from issues in policy, training, or guidance, as Perry had suggested. Discrimination can also come from a pattern of behaviour. As the Equalities Act makes clear, it is the outcome that matters.

As typical when advancing an insubstantial argument or facing one crumble, Perry’s final response was that he’d raised the issue out of duty to the court, and it was in the Tribunal’s hands to make any final determination.

Kate Wilson:

In summary the Metropolitan Police’s case seems to be that sexist discrimination by spycops is not important and the Tribunal should decline to make a ruling on [it]. Perry makes it clear that if the Tribunal does decide to make a ruling, he has no justification to offer for why it took place.’

‘IN ACCORDANCE WITH THE LAW’

Perry next addressed the case, made by Kilroy on Kate Wilson’s behalf, that the undercover operations were essentially unlawful on the grounds that they did not meet the test of necessity. This opened a very technical dive into the law, examining how the European Court at Strasbourg used and viewed necessity and proportionality as incorporated through the Convention on Human Rights. Likewise, whether the UK legislative regime covering undercovers adequately met those conditions.

Kate Wilson and Mark Kennedy at Kate's nan's 90th birthday, 2005

Kate Wilson and Mark Kennedy at Kate’s nan’s 90th birthday, January 2005

The arguments advanced and subsequent discussion are beyond the scope of what we can address in this report. To summarise, the Convention requires safeguards ‘in accordance with the law’. Perry appears to have been saying that because the UK had set up a legislative regime with other statutes, this fulfilled those requirements. He pointed to case law which seemed to say that Strasbourg was generally okay with the UK arrangements, albeit for other kinds of surveillance that had tighter controls.

Lieven immediately pointed out that what little safeguards, such as against sexual relations, might be present in law, were not there in practice or in the relevant codes of practice. Similarly, there were next to no safeguards against collateral intrusion in particular as had happened under these particular units.

Kate Wilson:

Judge: In a case like this where the state puts spycops into someone’s life every day, almost every hour of the day, [it] is an intrusion far more serious than phone tapping, it is a profound intervention in someone’s life, based on legislation that does not prevent this.’

Perry answered that the failure was not in the law, but because there was no proper monitoring or supervision.

It was clear that Perry’s objective was to defend the undercover operations as meeting the ‘as necessary in a democratic society’ condition. Necessity meant, in the context of the undercover policing operations, that simply the possibility of a crime, however minor, was sufficient to meet the test. One could move from there straight to proportionality, the next stage in the process.

FAILURES

In the scheme he outlines for the police, the failures happened after the necessity stage of the process. It was clear that he wanted proportionality to carry the principle burden and was prepared to concede that was where the failures in the case could be found. He relied on findings in the SOCA review of the Mark Kennedy operation that he says indicated this.

At this point the technicality of the legal argument went up another notch, examining Strasbourg jurisprudence around necessity. Perry’s main point seemed to be that given Parliament had defined necessity as meeting a pressing social need, such as national security or public disorder, that was sufficient.

However, it was clear that the judges were unhappy with how Perry was setting out the distinctions between necessity and proportionality. They made the point that the Strasbourg courts took a more integrated approach rather than making proportionality subservient to necessity.

Perry’s final(ish) point on this issue was that the need to detect crime, or act in the interest of public safety, was sufficient to meet necessity. How this is done is the proportionality aspect.

Kate Wilson:

Judge: So, in your argument, what is the role of the court then?

Perry: to assess proportionality, not necessity.

Judge: It would be extremely rare to find a case where a police officer had no belief at all that they were doing the right thing.’

AUTHORISATIONS

Having sought to argue that the authorisations of spycops were lawful in that they met the grounds of necessity, Perry then moved on to whether they were proportional. He effectively conceded that they were not, but his motivation at this point seemed to be about protecting those senior managers who had signed it all off.

He argued that the authorising officers were sincere in their belief that the tests of necessity and proportionality had been met. At this point Perry’s reasoning became circular again – this sincere belief arose from trust in Kennedy’s intelligence.

Perry wants the Tribunal to find that the initial authorisation of Kennedy was lawful, but subsequent ones failed because they were not proportional. With the first, they didn’t know enough about the Sumac Centre (where he was deployed) so they could not be more specific.

Kate Wilson:

They also claim MK’s deployment at the Sumac needed to be wide reaching at the start, and the only error was not to have made it more specific later on. That is nonsense, there were other spycops (Rod Richardson) at the Sumac before MK.

The issues raised go beyond surveillance of me. The police cite many political events, including the death of Carlo Giuliani at the Italian G8 in 2001. But the police have presented no underlying evidence to support why that justified a spycops operation at the Sumac.’

The following day, Kilroy noted a total failure to acknowledge that authorising officers did know about the Sumac Centre as they’d already sent in a previous undercover, Rod Richardson, who had helped refurbish it.

She also noted there had been other spycops, such as Jason Bishop and Jim Boyling, who had reported on Kate Wilson earlier, as Kate pointed out:

In fact, the disclosure suggests that spycops had been gathering information specifically on me since my involvement in Reclaim the Streets and support for Immigration Detainees in 1999.’

Furthermore, the police were trying to have it both ways – either Kennedy was reliable or he wasn’t. A number of the officers involved in drawing up and signing parts of the authorisations would have known there was a clear falsehood – when NPOIU managers named Kate as a specific target on a basis that included the easily disprovable lie that she was as a principal organiser with a Leeds housing cooperative.

AN OBLIQUE THREAT TO THE TRIBUNAL

Perry’s next argument seemed to be a subtle attempt at sending a warning shot across the bows of the Tribunal. He asked the judges to consider the impact of making findings around Articles 10 and 11 (rights of free speech and assembly) in this case, as they would potentially opening the ‘floodgates’ of challenges to authorisations. Namely, in other criminal cases brought on the basis of undercover work, those going to court will seek to challenge authorisations of undercovers to have evidence thrown out.

Spycop 'Rod Richardson', refurbishing the Sumac Centre building, Nottingham, c.2001

Spycop ‘Rod Richardson’, refurbishing the Sumac Centre building, Nottingham, c.2001

If all this sounds like torturous nonsense, it’s because that’s how it came across in court. If anything, it shows the desperate lengths to which the police will go to defend necessity. They are clinging to the wide latitude they perceive they have in law as to who they can target, particularly political campaigners.

Another such situation emerged in Perry’s arguments shortly after, when he considered whether Kate had a case for interference with her Article 10 and 11 rights. It has been conceded that Kennedy interfered with her Article 10 rights (freedom of thought and speech) through the relationship, but the same is not said of her Article 11 rights (freedom of assembly).

Perry tried to argue that 10 and 11 were effectively a distraction from the real issues, the breaches of Articles 3 and 8 (freedom from torture, inhuman or degrading treatment, and the right to private and family life).

Lieven responded that the police had effectively shot themselves in the foot by making the concession on Article 10 with regards to the sexual relationship.

This led to a remarkable moment where Perry tried to back-pedal, saying the law should not depend on what counsel say – in effect the Tribunal should ignore their admission and focus only on the interference with Articles 3 and 8.

CLEAR EVIDENCE FROM KATE WILSON

Lieven then remarked that the evidence from Kate was clear: Kennedy had exercised control and influence over her rights in relation to freedom of expression and assembly. Though not coercive, it was a degree of control which did interfere, and as such had all the implications that went with the sexual relationship.

Perry continued to resist, saying the facts only went to Articles 3 and 8. However, Lieven replied that this didn’t preclude them going to 10 and 11 as well.

Another of the Tribunal judges, Professor Graham Zellick, also weighed in, saying that there was a freedom to hold opinions without interference by public authority. This is a situation where Kate’s freedom to hold her opinions attracted interference by public authority through undercover police intruding into her life in all its aspects.

As Charlotte Kilroy had noted, Article 8 (right to family and private life) didn’t tell the whole story; the reason Kate was targeted was her political activities, and to do justice to this complaint the Tribunal needed to make a finding under Articles 10 and 11.

Perry responded that if the scheme of authorisations under RIPA was to work, then going down the route that every authorisation had to meet Article 10 as well as 8 would become ‘slightly problematic’.

Kate Wilson:

Crazy, I thought investigations should have to comply with the whole Human Rights Act, but apparently David Perry QC thinks that would be ‘problematic”’ for the police and security services.’

Though not really picked up on in the hearing, this is tantamount to saying that respecting people’s Article 10 rights would seriously impact on whether the undercover authorisations targeting protestors could be granted. In other words, they want the freedom to freely interfere with Article 10 rights and there is a risk that all the authorisations breach this particular right.

MYTHICAL DOCUMENTS

The question of who knew what has been a significant theme in the hearings. The vital issue of whether management were aware, or acted appropriately, hinges on this point. Kate is arguing that the contact logs are key evidence showing there should have been awareness of Kennedy’s relationships.

Discussion developed as to whether management had seen the logs. There is evidence in them that messages were left for management to read, and decision logs note that material was meant to be sent to senior managers to read. EN31 even effectively said as much, noting that entries marked red were suggested policy entries – matters for the senior investigation officer.

In the absence of anything else, the indications are that the contact logs were passed on. Perry tried to introduce doubt on this by speculating that what was sent to the managers was some other material that drew on the logs. Otherwise, EN31’s bosses were being asked to read a lot of unnecessary information.

As Lieven noted:

‘If there had been some separate document, we don’t have the slightest trace of it ever existing. Bit of a leap to ask us to accept that.’

Perry retreated to relying on O-24’s statement. He was a senior officer overseeing the undercover unit, and had claimed that given the amount of work on his plate, he had only been able to give 5% of his time to Kennedy’s deployment.

LACK OF WITNESSES

Perry was asked why the police had not put forward witnesses of fact, able to provide information on what had happened because they were there, such as with information flow. This would have avoided the need for Perry to speculate. He responded by saying the Tribunal should not seek to rely on witnesses, but rather focus on the available primary sources such as the contact logs, decisions logs, or NPOIU intelligence report as being reliable, contemporary evidence.

Kate Wilson:

None of the officers have given witness statements. Police did not even write to O-40 even though he was op head for the spycops at the time when all the logs and decisions are missing.

There has never been anything produced in this case about why so many relevant documents have gone missing. Not just one or two documents, but a substantial amount of missing material from the most crucial period.”

The police have never inquired at any stage how the #spycops unit worked in practice and David Perry could not answer a single question about how the unit operated in practice.’

Perry also argued it was unusual for witness statements like that to be served in proceedings such as the Tribunal, which mirrors the Judicial Review process. If there were statements they would usually be by someone senior, such as (in this case) Sir Stephen House, Deputy Commissioner. House had provided six witness statements discussing the evidence but was not himself a witness of facts in the case. In any case, officers such as EN31 declined to provide information.

A problem raised was that the officers proximate to Kennedy had been told they would not be called to give evidence. Again Perry tried to fudge this, saying the reason they’d been told this was to ensure they cooperated. He made the point that they had been offered immunity from prosecution for evidence given to the Public Inquiry, but no such undertakings were available here.

Evidently, this is not an encouraging excuse to offer the Tribunal as to why police officers have not been asked to be witnesses, so he added that although the emails from the officers were not sent under oath, if these officers had sought to mislead in their responses, it would still be a criminal offence. His submission was that the police were clearly trying to present a fair and balanced view of the evidence in their statements by Sir Stephen House.

Kilroy replied the following day that waiting to be offered immunity in the UCPI before giving evidence was ‘not a heartening reason’ as it suggested that what they might say could lead them to be prosecuted. This was reflected in Stephen House’s admission that any denials made in the few responses available from officers were not necessarily reliable.

Day 5 (Tuesday 27 April)

This was the final day of the hearings, with Charlotte Kilroy responding to some of the points raised by David Perry, then tidying up final administrative issues.

Kilroy had a number of points to make. One was the lack of witness statements and the fact that where the police did question officers in their investigations, crucial issues were not covered.

Mark Kennedy's injuries after beating by police, 2006

Mark Kennedy showing injuries after a beating by uniformed police, Climate Camp 2006

The police have asserted that many documents are missing. What they have not done is make inquiries as to just why they are missing. There was a lack of serious investigation by the police into how the NPOIU worked. This left them all in the dark.

MISSING CONTACT LOGS

For example, they had not addressed how the NPOIU operated as a team, nor dealt with Kilroy’s previous observation that the contact logs were only a snapshot of the overall picture. This was particularly important given the material covering when Kennedy entered into a relationship with Kate was missing.

Perry, she said, was drawing inferences from the evidence that were not actually substantiated by the documents he relied on. In fact, the material submitted was confusing the issue rather than shedding any light. The real problem lay with the police failing to investigate adequately in the first place. All they could offer was a tendentious lawyers’ interpretation, when the more powerful one is in fact provided by Kate Wilson.

Pointing out their failures, Kilroy addressed the intelligence flow within the NPOIU. She called up a document from disclosure setting out how the unit supposedly worked from 2007 onwards. This was a diagram which set out the various parts of the NPOIU and how intelligence came into the unit and passed out again, including through informers and undercovers. It showed that there were apparently firewalls in place to prevent the rest of the unit effectively knowing about the undercovers.

Perry suggested the diagram reflected how the unit worked prior to 2007. Kilroy drew the Tribunal’s attention to the very next bit of disclosure – an internal contemporary email from someone in the NPOIU attached to the same intelligence flow diagram.

A CLEAR TWO-WAY PROCESS

Damningly, the email, written by O-137, an NPOIU officer, said the intelligence flow diagram was ‘dishonest’ and undercover units were not in fact distinct and firewalled from the rest of the unit. Rather, there was a clear two-way process which included the undercovers and that if the NPOIU tried to impose such a firewalled approach the entire process would break down:

‘Are we saying we should not really be doing this and so are trying to hide it…If the rules prevent this then they are clearly wrong and need changing’

Kilroy used this to illustrate the point that one could not rely solely on the documents, as Perry was asking of the Tribunal. Documents such as this could be misleading in themselves – the wider picture was necessary to get to the truth.

She pointed out that Perry had advanced the case that management were entitled to place their trust in Kennedy as an experienced police officer who they were unaware was having intimate relationships. However, this was in fact the first time police had ever made such arguments in Kate’s case.

Previous defences had not suggested EN31 and others were entitled to trust Kennedy on this basis. Instead the police lawyers had accepted the contradictory position, that those managing Kennedy should have been more intrusive into his life as an undercover.

It also was difficult for Perry to rely on the police Code of Conduct requiring Kennedy to be honest and maintain integrity. This conflicted with RIPA itself, which permitted dishonest relationships through undercover policing.

Kilroy then moved on to rebutting the point that Kennedy would be expected to be called as a witness. It was quite clear that this was not the case. Both HM Inspectorate of Constabulary and the Serious Organised Crime Agency said it was not an evidence-based operation, but solely focused on intelligence gathering.

THE ROSE REPORT

To illustrate, she drew attention to the report by Sir Christopher Rose into Kennedy’s role in the collapse of the prosecution of activists who had attempted a protest at the Ratcliffe on Soar power station.

Kate Wilson:

The Christopher Rose report is clear that it was always the primary intention that MK’s identity should be protected over and above any prosecution. The only reason the Ratcliffe miscarriage of justice even came to light was because Lisa discovered MK’s true identity.’

Instead, the Rose Report showed the NPOIU had sought to protect Kennedy’s role as a spycop and this had trumped the rights of the activists being prosecuted. In fact, the Ratcliffe on Soar case only collapsed because he had been outed as an undercover and agent provocateur.

She was able to point to the fact that the Head of the NPOIU had provided Rose with a statement asserting that the undercover’s identity must be protected and he would not be allowed to enter the evidence chain. This undermined Perry’s point that having a relationship would have compromised Kennedy because he couldn’t have given evidence. It is clear the intention was that he would never be allowed to give evidence in the first place.

Kilroy went further, pointing out it was not until 2016 that the police formally accepted that undercovers having sexual relationships was intrinsically unlawful. There are widespread examples of undercovers engaging in the practice over many years. The defendants had not looked at the culture of the units. In support of this, she also noted that the Special Demonstration Squad’s Tradecraft Manual, which did speak of ‘fleeting relationships’, was never countermanded by any senior officer – a point which also went to the police meeting their positive obligations under the European Convention on Human Rights.

The Rose Report also highlighted another issue touched on the previous day – Perry’s request that the Tribunal favour the conclusions of the SOCA report over that of HMIC. By using remarks from Rose, Kilroy was able to show that the SOCA report had been conducted under the aegis of HMIC, and fed into it. In fact, the SOCA report was an annex to the HMIC one. Rather than being structurally separate, as Perry had claimed, they were inextricably linked – which meant his points about placing greater weight on SOCA than HMIC fell flat.

RIGHTS IN THEMSELVES

Having dealt with the above issues, Kilroy returned to Articles 10 and 11 (rights of free speech, and assembly). She made the point that they are rights in themselves. Although in this case they are often connected to the sexual relationship, they need protecting on their own merits. They are part and parcel of a democratic society.

A final substantive was whether the Tribunal could rely on Kennedy’s evidence as given to the Home Affairs Select Committee, or whether it was inadmissible for legal reasons to do with Parliament. In particular, the police attempting to impugn his evidence might be in contempt of Parliament. The issue was considered as ‘vexing’ and the Tribunal invited written submissions on resolving it.

With that, the main hearings came to an end. Judgment will be handed down in a couple of months, after which the judges will look at remedies. Lord Boyd then gave a fulsome thanks to Kate for all her efforts. An emotional ending to an exhausting process.

UCPI Daily Report, 30 April 2021

Tranche 1, Phase 2, Day 8

30 April 2021

Evidence from witness:
Peter Hain

Stop The Seventy Tour Press Conference, 7 Mar 70

Peter Hain at a press conference called by the Stop the Seventy Tour (STST) campaign, 7 March 1970. Left to right: Jeff Crawford (Secretary of the West Indian Standing Conference), cricketer Mike Brearley, STST member Mike Craft, & STST Chair Peter Hain.

On Friday 30 April, the Undercover Policing Inquiry was devoted to hearing evidence from just one person, Peter Hain. Hain had a rich career as an activist, and hence a thick secret police file that include decades of reports from undercover officers of the Special Demonstration Squad.

His long experience as a public speaker and a politician made him a strong witness. Not only did he challenge the line of questioning the Inquiry had chosen, he also made a strong case for non-violent direct action.

Hain refused to be put in the position where, as an activist, he had to defend his campaigning, telling the Inquiry this attitude put them and the police at the wrong side of history. Time and again, Hain used the questions as an opportunity to say what he had to say. In doing so, this day of testimony resulted in an interesting lecture on social history.

FROM ACTIVIST TO PEER OF THE REALM

As well as his involvement in the Anti-Apartheid Movement campaigning against the racist apartheid regime in South Africa, Hain was in the Young Liberals – a more radical and progressive group than the main Liberal Party. He served as a member of its National Executive between 1973-75, and then as President from 1975-77.

Hain chaired the Stop The Seventy Tour (STST) campaign, which opposed a planned cricket tour of England by an all-white South African team, from its launch in September 1969 until it was disbanded in late May 1970.

He was also active in the Action Committee Against Racialism 1970-73 and a founder member and press officer for the Anti-Nazi League (ANL). He joined the Labour Party in September 1977 and was then elected as an MP in 1991. He was then a government minister for five years and Cabinet minister for seven years.

This meant that he signed off ‘on work of utmost sensitivity’. He signed warrants for surveillance and interception, and saw intelligence reports produced by the police, Security Service (MI5), MI6 and GCHQ. Hain has been a Privy Councillor since 2001, and a member of the House of Lords since 2015.

APARTHEID

'For use by white persons' sign, apartheid South Africa

‘For use by white persons’ sign, apartheid South Africa

Apartheid was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 until the early 1990s. It categorised people into a hierarchy of racial groups, with whites at the top.

The laws segregated all areas of life, reserving the best for whites. It applied to everything from education, employment and housing to which bench to sit on or which beach people could visit. Most of the population was denied the right to vote. Sexual relationships and marriages between people of different racial groups were illegal.

 

Asked about the Anti-Apartheid Movement (AAM), Hain explained that, though apartheid is universally regarded as immoral today, it wasn’t so in the past:

‘For 50 years or so it was a bitter long hard struggle, and people take it for granted that everybody was against apartheid, because it was such a detestable institution of racism like the world has never seen… You have quite correctly depicted it as a movement that was in a minority, albeit with a large reservoir of public sympathy’

The South African apartheid state presented itself as a bulwark against communism, and it suited its purposes to be seen as part of the ‘democratic West’. Of course, it went against all the principles of democracy as the vast majority of the population was denied the right to vote. It was one of the most vicious tyrannies that the world has ever seen where a minority, less than 10% of the population, oppressed the great majority on grounds of race.

‘We were on the side of justice and equality and human rights, and the apartheid regime was on the wrong side of all those issues.’

The Western governments supported the regime by supplying it with arms, continuing to invest in and trade with it, opposing sanctions, and more.

SOUTH AFRICAN EXILE

Hain had grown up in apartheid South Africa. His parents were from conventional white South African families but ‘very unusually took a stand against the apartheid system’ and were forced into exile as a result. They moved to Britain in 1966 and lived in Putney, south London.

In documents produced by the Metropolitan police, his parents are described as communists. Hain says this is not true, his parents were members of the South African Liberal Party, never the Communist Party.

Hain said the Met files on his family contain details that could only have come from South African sources. Dismissing opponents of apartheid as communists was standard practice for them, and this distortion is typical of both the South African security services and the Met’s Special Demonstration Squad (SDS) reports.

Basil D'Oliveira

Basil D’Oliveira

Hain recalled the case of South African-born ‘cape-coloured’ cricketer Basil D’Oliveira. As he was ‘Cape Coloured’ (a South African ethnic group with diverse ancestral heritage), he was not allowed to play in his own country, but started playing for the England team while living here in exile. He was then excluded from taking part in the England team’s 1968 tour of South Africa to appease the apartheid regime.

Just before the team was to leave, however, he was asked to replace another player who was injured, prompting accusations from then Prime Minister Vorster and other South African politicians that the selection was politically motivated. Attempts to find a compromise followed, but these led nowhere. The English subsequently cancelled the tour.

This had made it clear to young Hain that the English cricket authorities were on the side of apartheid, and supported the racist form of cricket operating in South Africa.

The Inquiry moved on to discuss the ‘Wilf Isaacs Eleven tour’. Isaacs was a businessman – and South African Army officer – who sponsored a cricket tour of Britain in 1969. Such sporting tours by all-white teams were regarded as promotion of apartheid, and they also provided a tangible target for anti-apartheid campaigners in Britain.

Hain was 19 at the time. He said he is proud to recall the pitch invasion he organised in Basildon on 5 July 1969. As far as he knows, this was the first non-violent direct action that took place against a South African cricket team.

STOP THE SEVENTY TOUR

This led to advance planning for similar future tours. They formed Stop The Seventy Tour (STST) to oppose a planned visit from the South African cricket team in 1970. In the run up to that, the campaign started protesting against the South African Springboks rugby team in the winter of 1969/70.

The Hain family’s small flat became the headquarters for the STST campaign. Meetings were held there, their phone number became the national campaign contact, and his mother the group’s unofficial secretary.

Hain explained:

‘this was a campaign which came out of nowhere – it suddenly became massive; it was spontaneous and decentralised, with autonomous groups in different places.’

The Inquiry put it to Hain that there was a ‘potential for violence’ in the STST campaign because emotions must have been ‘running high on both sides’.

Hain refuted this, reconnecting various incidents where he and others used purely non-violent tactics.

‘Don’t scrum with a racist bum’ became a much-loved slogan following protests at the Springboks’ arrival at Heathrow Airport in October 1969. The team’s first training session, which they found out took place near the Hain family home, became the target of protest by STST. The AAM organised a demo at the South African embassy, where the team was due to attend an evening reception.

Stop The Seventy Tour protest, Lords cricket ground, 1970

Stop The Seventy Tour protest, Lords cricket ground, London, 1970

STST’s Ad Hoc Committee met at the Hain family’s flat on 5 December 1969. Hain recollects that it consisted of ‘people I trusted’, planning the upcoming protests at the Springboks’ match at Twickenham. He believes that this group was never infiltrated.

However, there is a detailed report of this meeting [UCPI0000008656], which records six people attending, signed by the SDS’ Sergeant Mike Ferguson (HN135).

In their suggestive line of questioning, the Inquiry stated that there was an element of deliberately misleading fellow activists by suggesting that all their protests would be outside the cricket ground, when in fact the main event – the pitch invasion – was inside. Hain said that there was a good reason for not mentioning it, to keep it secret from the police; had the police known about the pitch plan, it would have scuppered chances of success.

Hain told the story of one activist dressed in a suit, who managed to drive the team’s coach for a short time, until he was forced to a halt by members of the rugby team and assaulted by them.

Asked about tin tacks sprinkled on a pitch at a protest in Bristol, Hain made it clear that he was opposed to this tactic, and that it was a one-off action by one person.

He said that claims in reports by SDS officer Mike Ferguson that this was to be an ongoing tactic, and that STST would supply the tacks, are outright lies. And, indeed, they were just part of a pattern of lies and exaggerations in the reports.

At the previous day’s Inquiry hearing, Hain’s fellow anti-apartheid campaigner Jonathan Rosenhead had also noted the ‘creative’ tendencies’ in Ferguson’s reporting. This might be a special concern as Ferguson went in to head the SDS in 1978.

Hain was emphatic, and turned the question from one asking him to justify his actions, to the spycops justifying theirs:

‘I don’t remember any instance of a planned violent act, although obviously this tin tacks one could have led to that. But if you’re making the point that this was a massive movement and there were lots of people organising spontaneously, yes, there were.

‘But does that justify Mike Ferguson deploying special, extraordinary police resources to take part in meetings in my living room or my parents’ living room? And in Young Liberal meetings, another undercover officer going by the name of ‘Mike Scott’, who I again don’t recognise?…

‘Why were they not targeting the agents of apartheid bombing and killing and acting illegally and violently in London at the time?…

‘I mean, this was a completely disproportionate waste of police resources, and it was on the wrong side of history. What the Mike Fergusons and the Mike Scotts actually should have been doing was helping bring down the apartheid system and deploying British security and policing resources to track down apartheid agents acting illegally in London. Instead of that they were spying on us.’

INSINUATIONS OF VIOLENCE

Asked if it was understandable that police ‘faced with these novel, rather effective tactics’ should seek to gather all the information on secret plans, Hain cut in:

‘I know what you’re trying to insinuate, but… we were transparently public, some might say unwisely honest, about what our intentions were, which was to stop the tour by non-violent direct action.

‘And that leads me to where I think you’re taking me. Why was an undercover officer in virtually every meeting that I attended when they could have found out what I was planning to do by what I’d publicly stated?’

Hain set his actions among the noble company of campaigns that were also vilified at the time, but are now celebrated:

‘I see non-violent direct action of the kind that I advocated and participated in through the Stop the Seventy Tour campaign, as having a long lineage going back to the Suffragettes, to early trade unionists, to the Chartists protesting for the vote, to Mahatma Gandhi in India protesting against British colonial rule for Indian independence. It’s in a long line of non-violent direct action that’s also carried out by Extinction Rebellion and other environmental protests today.’

They were not even doing anything unlawful, he said, pointing out that trespassing on the pitch was not even a criminal offence:

‘I’m still proud that I did non-violent direct action to change the course of history, and we did change the course of history.

‘That Stop The Seventy Tour campaign was fundamental, as Nelson Mandela subsequently told me, having seen it or heard about it from [the prison on] Robben Island where he was at the time, it was fundamental in changing the nature of the Anti-Apartheid Movement, in galvanizing it and in ultimately bringing about the downfall of apartheid’.

ARE YOU, OR HAVE YOU EVER BEEN, A COMMUNIST?

As during the interrogations of Jonathan Rosenhead and Christabel Gurney earlier in the week, the Inquiry opted for a line of questioning reminiscent of the McCarthy Un-American Hearings of the 1950s, in which guilt by association with radical groups or ideas is seemingly used to justify the State’s spying.

Hain was asked about the various radical groups listed as affiliated to the STST; the AAM, the National Union of Students, the National League of Young Liberals, the Student Christian Movement, the International Socialists and the Young Communist League. Hain made a point of adding the United Nations Youth Student Association to this list, and explained that his philosophy:

‘has always been – you bring in the broadest spectrum of opinion that you can that share in common a single objective… who can rally together, even though they may disagree about everything else.’

The Inquiry quoted from another SDS report by Mike Ferguson [UCPI0000008606] on an STST National Committee meeting held towards the end of the group’s activities in May 1970, which read:

‘There could be no doubt that the next two weeks would be crucial as far as getting the tour cancelled was concerned, and the trump cards which STST had to play in connection with the Commonwealth Games and racial disorder which would occur in the event of the tour taking place’

The Inquiry asked:

‘Was racial disorder one of your trump cards, Lord Hain?’

Hain refuted the insinuation that STST would somehow incite and organise racial disorder, explaining that the disorder mentioned was from the potential of pro-tour and pro-apartheid groups banding with the National Front and other racists. He had meant that this might get the tour cancelled if other methods failed.

RUGBY TOUR

Turning to the South African Springboks’ rugby tour of 1969, the Inquiry read a passage from Hain’s memoir, Outside In:

‘Suddenly the campaign exploded into action and into prominence. It was announced on 23 October that weedkiller had been sprayed on Oxford University’s rugby ground just a week before the team was due to arrive. The words “Oxford rejects apartheid” appeared in five-foot letters on the pitch.

‘The next day the university rugby club officials called off the match. They said that they had taken this decision after consultations with the Thames Valley Police “because of the risk of violence”.’

Asked if this was a fair summary of the events, Hain once again deftly cut down the implications of the question:

‘What doesn’t summarise it fairly is the risk of violence. The Oxford anti-apartheid group, which organised this quite independently of me, I might add, though with my general approval, though I was never a fan of spraying weedkiller anywhere.

‘But the Oxford Anti-Apartheid Movement was not intending violence; it was intending to adopt the same non-violent direct action tactics that it had adopted during the Wilf Isaacs tour, except on a much, much bigger scale, and that was why the game was cancelled and the venue was transferred.’

Hain made the point that the Anti-Apartheid Movement suffered extreme violence from agents of the South African State. This included the bombing and arson attacks on their offices, letter bombs being sent to their homes. Hain himself was sent one – it was opened by his teenage sister, and the matter was never fully investigated by the police. Hain demanded to know why this was.

He described the brutal response to a pitch invasion at the Springboks’ match in Swansea in November 1969.

‘They ran on, they sat down, they interrupted play for, as I recall, over ten minutes, as it was intended. They were then carried off by the police and thrown to rugby stewards, rugby vigilantes, if you like, recruited for these purposes, and thoroughly beaten up. A friend of mine had his jaw broken, a young woman demonstrator nearly lost an eye…

‘They could have been carried out of St Helens, but there was clearly a pre-planned attempt to beat the hell out of the protesters, and that’s what happened.’

After outrage in the mainstream media and a delegation, led by Hain, to the Home Office, such policing did not recur.

Hain described the protests that followed the Springboks to Dublin. 10,000 people marched, led by Bernadette Devlin MP (whose name appears in many Special Branch reports). This was the biggest demo of the entire tour, organised by two South African exiles, and the largest demonstration of any kind in Dublin for decades.

TRUE SPIES – OR TRUE LIES?

In 2002, the BBC broadcast a three-part series called True Spies that, for the first time, revealed the SDS to a wide audience.

In what was clearly an effort to paint the secret police in a positive light, journalist Peter Taylor interviewed several spycops and their cover officers, and introduced former Special Branch officer, Wilf Knight, the handler of the late Mike Ferguson.

Because Ferguson was identified in True Spies, it made no sense for the Inquiry to restrict his real name, but it did indeed grant anonymity for his cover name (for most former spycops this is the other way round, either that or both their real and cover name are restricted).

Today we learned that the Inquiry has told Hain the cover name in case it jogged his memory, but it did not. It is frankly bizarre for the Inquiry to be protecting the fake name used 50 years ago by a spycop who is now dead.

True Spies episode 1: ‘Subversive My Arse’, 27 October 2002

The Inquiry quoted a section from the True Spies transcript (page 12), where Knight proudly says:

‘I don’t think Peter Hain ever realised that he had a police officer as his number two.’

Hain refuted this, saying he never had a ‘number two’ at all. He thinks the undercovers routinely lied in their reports.

In True Spies, Knight described how Mike Ferguson’s SDS reports helped thwart the protestors plans:

‘The intention was for demonstrators, just prior to half time, to throw flare bombs, smoke bombs and metal tacks onto the pitch. Mike passed that information on, it was passed on to the uniform, and at the appointed time officers were there with sand buckets and metal magnets and although they threw as many as they could onto the pitch they were snuffed out, taken away and the players didn’t know that it had taken place and when they came out after half time the game carried on.’

Hain said it was:

‘a very clear example of a lie by Mike, a straight lie’

There was no throwing of tacks at Twickenham, let alone police clearing them with magnets. Asked by Counsel to the Inquiry, David Barr QC, if it was possible that Wilf Knight wasn’t lying, merely suffering from some confusion 30 years after the events he described, Hain said:

’“Some confusion” would be a very charitable description of it, if I may say so, Mr Barr, because it was typical of the behaviour of undercover officers, as I’ve seen in the documentation provided to me by the Inquiry, that they very rarely told the truth about what was going on.’

The Inquiry then cited another section from True Spies – the story of how Mike Ferguson diverted attention away from himself by accusing a genuine member of the group of being an infiltrator, who Hain then threw out of the meeting. Hain is pretty sure this is yet another fabrication. He remembers one person being disinvited from attending meetings of the group, but not in the way described.

The Inquiry turned to an SDS report [UCPI0000008660], the STST National Conference in March 1970. Mike Brearley, a British first-class cricketer speaking at the conference, asked STST activists to refrain from violence.

Hain said he applauded Brearley for this, and added that he was a courageous man, the only cricketer to make a public stand in support of the STST campaign. John Taylor was the only rugby international player to do the same.

THE ‘C’ WORD

The report also quoted Hain as saying that, after the Springboks’ tour, STST supporters should move to oppose the broader underlying issues of racism and the capitalist system that nurtures it.

Questioned on whether this meant there was an ulterior motive to the campaign, Hain retorted that the undercovers were trying to push a false narrative about a secretive second strand of the campaign – who wanted to use more violent tactics – which just did not exist.

As for opposing capitalism, he met that point head on:

‘I think that capitalism run in its more extreme way is designed to create a rich elite at the top and great impoverishment down below, instead of to spread wealth and ownership more widely and to allow people to participate more equitably in the running of their economy.

‘So I want a fairer, more just economic system, and I make no bones about that. I was a socialist at the time I was in the Young Liberals and I remain one, and if that’s the discussion we want to have, I’m very happy to have it.

‘But the point I was making at the time was that the British capitalist system was more interested in profits and in trade, than in decency and human rights and justice and non-racism because, actually, its trade of arms and its supplying of arms was perpetuating apartheid, entrenching it and strengthening it.’

SUCCESS

Hain mentioned his belief that South African intelligence operatives infiltrated and secretly recorded meetings, and that they collaborated with the Met’s Special Branch.

Nevertheless, eventually the 1970 cricket tour was called off, just weeks before it was due to start. The STST campaign had been successful. Asked if the planned protests would have gone ahead if it hadn’t been cancelled, Hain enthusiastically confirmed they would. He gave examples of the kinds of exciting tactics the activists had come up with.

Hain emphasised that it came at a crucial time for the campaign against apartheid. Within South Africa the resistance was suffering severe repression, the leaders imprisoned, campaigners who were driven into exile were attacked, arrested and tortured.

‘So this campaign came at a time and achieved a victory which was very, very important for the momentum of the international anti-apartheid movement.’

YOUNG LIBERALS

Moving on to Hain’s involvement with the Young Liberals, the Inquiry noted that it was unusual for the youth wing of a mainstream political party to be prepared to commit minor criminal acts in order to advance its aims.

Hain asked for clarification on what type of minor crime was being invoked:

‘You mean like occurred at the Sarah Everard demonstration at Clapham Common? Would you describe that as a minor…’

He was interrupted and told that he wasn’t there to ask questions.

Hain was presented with the example of his sitting down on a zebra crossing. Hain was happy to admit that he had done this:

‘it did cause a lot of tension within the Liberal Party, though I don’t think that that’s the focus of this Inquiry’

It was pointed out that, according to the SDS reports, the Young Liberals were discussing issues such as pensions, pollution, and homelessness. But did they also discuss non-violent direct action?

Hain pulled the insinuation up into the light:

‘But what’s wrong with it? What is wrong with non-violent direct action?’

He was told there was no specific objection, to which he pointed out they’d labelled it ‘criminal’ and, when pressed, downgraded that to ‘minor criminal’.

‘What I object to about this line of questioning, is when it comes to progressive radical movements, whether it’s environmentalists today, whether it’s anti-racists, Black Lives Matter, whether it’s Greenpeace or Extinction Rebellion or the Anti-Apartheid Movement of its era, we are all presented as somehow subversive or semi-criminal or objectionable or disrupting England’s green and pleasant land.

‘Actually, that pejorative prism through which radical politics is presented is, in my view, completely unacceptable, reprehensible and partisan. That is the sort of perspective of undercover policing and ideology that was driving it. That’s my major concern, and I think, you know, I’m not accusing you personally, but I think you’re reflecting that state of mind’

Hain then talked about how this undercover political policing got to the point where instead of catching the racists responsible for Stephen Lawrence’s death, they infiltrated the Stephen Lawrence campaign that was seeking justice.

REPORTING ON HAIN’S FAMILY

Attention turned to a January 1972 SDS report [UCPI 0000008240] on a Putney Young Liberals, meeting at Hain’s family home. According to the report, spycop ‘Michael Scott’ (HN298, 1971-76) was elected as Membership Secretary. Hain does not recall this person, so thinks he may have operated under another name then.

The report mentions Hain’s sisters, 15 year old Jo-Ann, and 13 year old Sally. Hain condemned the ‘disproportionate, politically biased policing’, adding:

‘I really don’t understand why “Mike Scott” was in this meeting at all, how it could be justified by his superiors and what he was doing with particularly two young women teenagers.’

Whether or not we agree with the aims of campaign groups, why should the police be sent to spy on them? Hain noted that ‘Sandra Davies’ (HN348) told the Inquiry in November that she could have been doing much more valuable things with her time.

The Inquiry’s Chair, Sir John Mitting intervened, explaining to Hain that some of the questions he’s been asked would have been the result of input from the various police lawyers. Although this was meant to reassure Hain that the line of questioning around the legitimacy of his campaigning was not the Inquiry’s viewpoint, it did reveal that the police, nearly 50 years, later are still seeking to justify their actions.

TELEPHONE TAPPED?

Hain was asked if his family’s phone number was used by other groups, and he confirmed that it was. They suspected that their telephone was tapped, so were cautious about what they said on the phone. Hain’s mother had experienced surveillance in South Africa, so was particularly security-conscious.

In his witness statement [UCPI0000034091], Hain refers to a phone call between his mother and undercover officer ‘Mike Scott‘. In his report, ‘Scott’ claimed that she told him to go to a private meeting at Ernest Rodker’s house. Hain rejected this:

‘I find that so unlikely as to be inconceivable. My mother was incredibly careful about what she said on the phone, and since both my parents and us as a family had lived under apartheid and under constant surveillance by the apartheid police, with Special Branch cars parked at the bottom of our drive following us wherever we went, including me to school, occasionally, on my bike, she was ultra careful, to the point of almost being too careful.’

Hain wondered what this undercover is concealing and why he is not telling the truth here.

INDEFENSIBLE

Hain highlighted three more points about the anti-apartheid campaign.

A police report from 1993 – as the apartheid regime was collapsing and Nelson Mandela, three years out of prison, was poised to become president – refers to the Anti -Apartheid Movement as ‘Stalinist-controlled’.

If that is the type of thinking of these units, Hain said:

‘we have a particular ideology of undercover policing which frankly cannot be defended.’

He has also learnt recently, from a document revealed in Kate Wilson’s case in the Investigatory Powers Tribunal, that in November 2003 he was described as a ‘South African terrorist’ by undercover police officer Mark Kennedy. Kennedy was in the National Public Order Intelligence Unit, a parallel unit to the SDS, and deceived Kate (and other environmental campaigners) into a relationship.

At the time this spycop was calling Hain a terrorist, Hain was was a member of the British Cabinet, Secretary of State for Wales, the leader of the House of Commons and the Lord Privy Seal.

‘What is it in the DNA of undercover policing that allows its officers to get such a biased and reactionary view of the world, that they make these kind of biased and completely unrepresentative and libellous and defamatory statements?’

ANTI-NAZI LEAGUE

After the racist National Front (NF) had overtaken the Liberal Party in the Greater London Council elections of May 1970, there was a great deal of concern amongst those opposed to fascism and racism about the rise in racist attacks. People felt the need to tackle the problem, and the Anti-Nazi League (ANL) was formed in 1977.

The Inquiry showed an AP News report about the ‘Battle of Lewisham’ in 1977, with the Inquiry pointing out the distressing view of violence against the police.

Hain told the Inquiry about the kind of violence that the far-right used. They physically attacked, and sometimes killed, people. He describes them as ‘swaggering’ through predominantly Black areas, threatening and committing violence. The NF attacked Jewish, Muslim and Black citizens. The ANL sought to stand in their way and block this violence.

Hain did not understand why the police protected these racist thugs, a group ‘whose avowed purpose is to stir up and promote racial hatred’. He notes that such behaviour was criminalised by a later Labour government (that he served in).

He repeated that the ANL was set up as part of a deliberate strategy to do things differently.
There were local groups – no central membership list – and lots of groups based in specific communities and professions such as ‘Nurses Against the Nazis’, ‘Skateboarders Against the Nazis’ etc. The ANL put out leaflets, and campaigned against the NF’s electioneering. They mobilised to stop them openly demonstrating in the street.

Rock Against Racism organised music festivals, so the public could hear anti-racist messages from a range of punk and reggae bands.

He calls it an ‘innovative campaign’ and went on to explain the concern about the far-right influencing youth culture, especially skinhead culture. Punk bands were invited to play at Rock Against Racism. Hain is proud of a formerly racist skinhead who said he had had been convinced by the arguments of the ANL.

Hain was questioned about physical resistance being used by anti-fascists. He responded with some questions of his own:

‘What should be done? Should the National Front just be allowed to continue to march unchecked or should somebody try to do something about it, as we did, and was done in 1936? Now, in 1936, Mosley’s Blackshirts were attacking Jewish communities very predominant in that part of East London. In the modern age, it’s been Black or Muslim communities that the National Front have targeted. Who else was protecting them?’

When it was suggested that these demonstrations and counter-demonstrations caused a ‘public order challenge’ for the police, Hain was unequivocal about the police’s public safety remit:

‘Their purpose should have been combatting racism and Nazism and its menacing rise at that time’.

A report from 1978 [UCPI0000011673] shows that the ANL was aware of NF’s plans to hold at rally at Islington Town Hall on 27 April. The report says the group, including Hain, were ‘drawing up plans for disruption’. Hain disagrees with their aims being mischaracterised in this way – they actually wanted the event not to take place at all:

‘It’s seen through a prism where we are the bad guys, and the racist and Nazis are not. The NF targeted areas with Black/ Muslim/ Jewish populations for their demos. They attacked mosques and synagogues. I think the police should have been on our side in opposing them’

The Inquiry was shown an SDS report [UCPI 0000016579] of the ANL’s national conference March 1981. A section headed ‘Violence’ was read out, which makes it clear that the ANL explicitly opposed the use of ‘tit for tat’ violence, and did promote a wide range of ways of non-violently supporting the victims of racist violence. Hain said he is grateful that the Inquiry has included these documents.

The next SDS report [MPS-0726913] was about Rock Against Racism, which – as mentioned above – held a giant carnival in Victoria Park in East London, in 1978.

Many thousands of people (the police report says more than 30,000) marched to the park from central London that day to see a host of punk and reggae bands, including Tom Robinson Band, X-Ray Spex, Steel Pulse, Misty in Roots and the Clash.

Asked if he would accept that there is a value in the police collecting such intelligence, Hain replied that  the spycops could just have asked them, or the Met officers who were liaising with the organisers of such an open, non-confrontational event, what their intentions were.

30 April 1978 from Asya Gefter on Vimeo.

From the report it becomes clear that the police were mainly worried about the amount of people that would stay over in London, and how that would affect police protection of a planned NF march the next day.

The BBC’s True Spies documentary featured an anecdote from a spycop called ‘Geoff‘ (HN21) about people ‘sitting on sacks of money’. Hain remembers that occasion, it was simply that the money had been collected in donations from people who attended the gig in the park.

Jumping forward nearly 20 years, the Inquiry produced an SDS report [MPS-0742234] on a large ANL meeting that took place at the Camden Centre on 11 June 1994. It was attended by 320 delegates from over 200 separate organisations. By then, as well as being on the ANL Steering Committee, he was a Labour MP.

Hain cited the ‘Wilson doctrine’, an established principle that there must be disclosure of any surveillance of MPs, and said:

‘I think it’s wholly wrong, and I suspect close to being illegal, that undercover officers were reporting on me.’

BACK TO THE EIGHTIES

The Inquiry then produced an SDS report from March 1980 [UCPI0000013868] about a meeting at Westminster Central Hall. This debate, entitled ‘The crisis and the future of the Left’, was chaired by Hain. Tariq Ali and Paul Foot spoke, alongside three MPs; Audrey Wise, Stuart Holland and Tony Benn.

‘For the life of me, I don’t know why they were there except that they were obsessed with spying on left wing events, and it comes back to my concern that the progressive radical side of British politics seemed to be their targets.

‘And when I look back over the years, 50-plus years in politics and bring it up to date, it seems that the constant targeting of progressive radicals of various descriptions, from those explicitly on the left or on the so-called far left, or those on the centre-left, seems to be the focus of attention rather than the right and the far-right’

Hain was told the Inquiry will be hearing about the infiltration of the far-right too. But due to the supposed ‘risks’ to those spycops who were deployed against these groups, this evidence may be heard in secret.

In 2018, The Guardian together with the Undercover Research Group, published a list of groups known to be targeted – as disclosed by the Inquiry – predominantly left wing groups. In stark contrast, the far-right was barely infiltrated by the spycops at all.

As we heard earlier in the week, in the period currently being examined by the Inquiry, they only had one officer infiltrating a far right group and that was by accident. ‘Peter Collins‘ (HN303, 1973-77), infiltrated the Workers Revolutionary Party. Not knowing he was a spy, they asked him, in turn, to infiltrate a breakaway group of the far-right National Front.

The Inquiry was shown several SDS reports from innocuous meetings that Hain is named as attending. One from June 1980 [UCPI0000014020] covered a special conference of the Labour Party at the Wembley Conference Centre.

From July 1980 we saw a report [UCPI0000014080] on British withdrawal from Northern Ireland.

In February 1982 Hain and others spoke at a meeting at Borough Community Centre, about the Right to Work march against unemployment. For reasons that are unclear, the SDS reported on it [UCPI 0000017175].

As well as the pointlessness from a public safety or national security standpoint, Hain was concerned not just about how long these files are retained, but about what they indicate about MI5. He said the Director General of MI5 came to him in July 2000 and said the Security Service files on him had been destroyed. It is obvious that they have not, as these were retrieved from somewhere. The SDS files released by the Inquiry that start with a ‘UCPI00000…’ reference numbers are largely copies from MI5 archives.

Hain became a Minister in 1997, and would have been security-vetted at this time, before being privy to sensitive intelligence.

TAKING SIDES

He said that he is no ‘starry eyed romantic’, that he supports the rule of law and wants to see effective policing. He believes that there is legitimate undercover policing as well as illegitimate undercover policing. He knows that some undercover officers have done important anti-terrorist work, for example. However he would like to see proper boundaries drawn for undercover operations.

He pointed out that if the police adopt an approach of spying on everyone in the hope that this throws up useful intelligence, that leads to the kind of approach that encourages spying on the entire Muslim communities:

‘In case you might catch the odd Jihadi, who are in a tiny minority… a lot of this went wrong from the very beginning. There seemed to be open season on progressive or left wing ideas and movements’

Hain ended with a clear message to the Inquiry about what he thinks they need to do. Referring again to the Stephen Lawrence family being spied on, he would like the Inquiry to address the issue of proportionality and right and wrong:

‘I’d like also you to address what was right and wrong about history. Was it right to infiltrate women’s rights groups in the early 1970s? Was it correct to infiltrate the Anti-Apartheid Movement, which had the objective of stopping apartheid? I know it’s not the Inquiry’s purposes to get involved in politics, but you can’t avoid making a choice here.’

That said he hopes that the Chair’s final recommendations will help to ensure that this kind of intrusion does not happen again.

Full written statement of Peter Hain

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