Today, thirteen women who were deceived into intimate sexual relationships with undercover policemen, over a period spanning nearly 30 years, have written to the Home Secretary to raise their concerns about the progress and recent direction of the Public Inquiry into Undercover Policing.

The women noted that, two years into the Inquiry, the names of the 1000+ groups spied on by political policing units have still not been made public, nor have the cover names used by officers while undercover.  These two steps are critical to allow non-police witnesses to come forward and give evidence to the inquiry.

The women also raised concerns about the recent appointment of Sir John Mitting as Inquiry Chair.

Institutional Sexism

“We are very concerned that Sir John Mitting is a member of the Garrick Club which has consistently voted to exclude women from membership and to remain a men-only club. How can someone who accepts the principles of membership of such a club be suited to a role that will involve making judgements on evidence of institutional sexism within the police and wider legal system?”

“In the ‘Two Year Update’ produced by the Public Inquiry in July, the word ‘women’ does not appear at all, despite the seriousness of the abuses committed against women by undercover police officers. The timeline in that document also failed to include the public apology issued by the MPS which acknowledged that undercover police officers entering into intimate sexual relationships is a human rights abuse.”

“It is clear from these omissions that the serious abuses we suffered at the hands of the police are not taken seriously by the Inquiry.”

“In light of all these matters it is extremely difficult for us to have any confidence that the Inquiry will properly investigate the abuses we have been subjected to, or put in place measures to ensure that they never happen again to anyone else.”

Openness

The Metropolitan Police Service has been allowed to set the pace of the Inquiry with severe and ongoing delays and applications for secrecy.  They also continue to hold the evidence which could demonstrate wrongdoing, and have refused to share any records with victims of abuses despite the need for victims to understand the events they were subjected to.

“We are alarmed by the imbalance in resources between victims of police spying and the fact that the Metropolitan Police Service is currently using public money to impugn those who were spied on and abused. This is a similar tactic – now thoroughly condemned – to that used by the police at Hillsborough, and it must not be allowed to continue.”

“It is critical that the cover names of the officers are released, along with the names of the groups spied upon.  Without this information the public will not be able to come forward to give evidence to the Inquiry and it will be impossible to identify the scale and nature of the abuses perpetrated.”

“In order for us and the public to have confidence in the inquiry the principles of transparency and openness need to be upheld.”

The letter in full:

c/o Birnberg Pierce Solicitors
14 Inverness Street
London
NW1 7HJ

19th September 2017

Dear Amber Rudd,

Undercover Policing Public Inquiry

We are writing to request a meeting with you to discuss our serious concerns about the progress and recent direction of the Public Inquiry into Undercover Policing. We are women who were deceived into long-term intimate sexual relationships with undercover police officers over a time span of nearly thirty years. Our experiences may only be the tip of the iceberg. We are aware of other women who have been similarly deceived and believe it extremely likely that there are still more women, and possibly also children, who have yet to find out. The extent and nature of this practice amounts to institutional sexism.

As you know, the Inquiry was set up in response to revelations about the conduct of undercover police officers in political policing units such as the Special Demonstration Squad and National Public Order Intelligence Unit who had committed serious human rights abuses. These abuses were brought to light not by the police, but through the investigations of women who suffered at the hands of these officers, combined with the actions of the whistle-blower Peter Francis, and investigations by journalists.

In correspondence with the previous Home Secretary, (letter sent 11.2.15 through our solicitor, Harriet Wistrich), we stressed the importance of transparency in the Public Inquiry. This is essential in order for the truth to be known, the victims of undercover police abuses to understand and come to terms with what happened, and for the public to have any confidence in the Public Inquiry. We are alarmed, therefore, that two years into the Inquiry, the public has learned nothing new about the extent of these abuses or how they were allowed to happen. Even the names of the 1000+ groups spied on have still not been released.

In addition we are alarmed by the appointment of Sir John Mitting as Inquiry Chair, and by the fact that this was announced on August 2nd when many lawyers and/or their clients were on holiday making it difficult to raise any objections. We feel that this demonstrates again a lack of respect for those abused by the police. Since Sir John Mitting became Inquiry Chair it appears that there has been a significant shift towards greater secrecy.  We believe that his background as Vice President of the Investigatory Powers Tribunal since 2015 is likely to have influenced this shift and we are concerned that steps need to be taken immediately to rectify this and increase transparency.

Institutional Sexism
We also understand that Sir John Mitting is a member of the Garrick Club which has consistently voted to exclude women from membership and to remain a men-only club.  We question how someone who accepts the principles of membership of such a club can be suited to a role that will involve investigating sexist practices and making judgements on what we consider to be clear evidence of institutional sexism within the police and wider legal system.

It is noteworthy that in the ‘Two Year Update’ produced by the Public Inquiry in July, the word ‘women’ does not appear at all, despite the seriousness of the abuses committed against us and other women by undercover police officers.  While there are references to the sensitive issue of dead children’s identities being used for cover purposes, there are no such references to the long-term abuse of women.  We also note that the recently published timeline in that document failed to include the public apology issued to us by the Metropolitan Police Service (MPS) which acknowledged that we were subject to human rights abuses by undercover police officers. We attach a copy of this apology in case you are not familiar with it. It is clear from these omissions that the Inquiry is failing to take seriously the grave abuses we and other women suffered at the hands of the police.

In light of all these matters it is extremely difficult for us to have any confidence that the Inquiry will properly investigate the abuses we have been subjected to, or put in place measures to ensure that they never happen again to anyone else.

We seek a meeting to resolve the following concerns:

1. What steps will be taken to ensure that the Inquiry has sufficient knowledge and understanding of sexism and its effects to be able to identify and address the clear institutional sexism which has been revealed by the repeated use and abuse of women (over the course of several decades) who were deceived into intimate sexual relationships by undercover police officers.

2. What steps will be taken to ensure that the Inquiry is open and transparent, so that the public can have confidence in its findings?  In the recent indicative and final rulings by Sir John Mitting on restriction order applications by the MPS, he has repeatedly come down in favour of secrecy for the police at the expense of truth for the victims and public; the secrecy approach taken by the Investigatory Powers Tribunal of which he is Vice President is definitely not an appropriate approach to bring to a public inquiry.

3. Cover names must be released, otherwise it will not be possible to identify the true scale nature of the abuses perpetrated. Women and children may be left unable to make sense of events in their lives, and witnesses will not be able to come forward to give evidence to the inquiry.

4. The MPS has been allowed to set the pace of the Inquiry with severe and ongoing delays and applications for secrecy, and despite a huge budget have been allowed every latitude to delay still further. What steps will be taken to ensure that cover names are released as soon as possible?

5. The Inquiry is an investigation into serious wrongdoing by the MPS yet this same body maintains control of much of the evidence, including that which could demonstrate the guilt of officers and their managers, how can this be appropriate?

6. Evidence controlled by the MPS is not being disclosed to those spied upon. This both impacts on our ability to process what happened and hampers the Inquiry’s progress and likely success: since our investigations were instrumental in bringing human rights abuses to light, clearly if we had access to these documents we could assist with identifying areas for investigation and with correcting inaccuracies. What steps will be taken to speed up the release of material, especially of material over twenty years old, in line with the government’s twenty-year rule?

7. It is wrong that the MPS has unlimited resources to impugn those who were spied on and abused. This is a similar tactic – now thoroughly condemned – to that used by the police at Hillsborough, and it must not be allowed to continue. We are concerned in any event at the significant financial and power imbalance between the MPS resources and those of the victims of police spying. As a result of this imbalance, the non-state core participants (NSCPs) are, in practice, prevented from making submissions on issues of concern to them, whereas the MPS is able to make multiple applications of its choosing.

8. MPS documents served recently, including the Risk Assessment and Mosaic Report, contain multiple inaccuracies and offensive material. They suggest that our motives for searching for our disappeared partners were sinister and malign, rather than acknowledging that the police abuses would not have come to light without our research and that of the Undercover Research Group.

9. MPS reports repeatedly attempt to downplay the abuses committed against us and other women, or even suggest they did not happen, for example Mosaic Effect Report [4.4] uses the word allegedly regarding a woman being deceived into a sexual relationship with Bob Lambert, despite the fact that after women he deceived bravely came forward to report this abuse, even Lambert himself admitted to having four sexual relationships while undercover.

10. Public protests seeking accountability for the actions of police who have committed abuses have offensively been labelled harassment [e.g. Risk Assessment Briefing Note 10.12] despite the fact that protest is a protected right. Furthermore, as none of the officers have been prosecuted or disciplined for the human rights abuses they have committed, the public clearly cannot rely on the state for accountability. What steps will be taken to ensure that this abuse of victims and public resources does not continue?

11. It is insulting that we were required to provide intrusive psychological reports to the MPS which was responsible for the abuse and invasion of privacy we were subjected to, yet neither we nor our lawyers are allowed to see or challenge police psychological reports being used by the MPS to argue for secrecy at the Inquiry.

12. The fact that the Chair is minded to accept secrecy in the Inquiry around the identities and actions of officers and units who committed serious abuses, for fear that openness would cause too much stress or potentially harm those officers, is of grave concern. This is not a privilege generally extended to anyone else accused or under investigation, and looks alarmingly like an attempt to protect the reputation of the police.

13. The disparity between the cavalier approach to the privacy of victims of undercover policing compared to the cautiousness towards the MPS, evidenced by data breaches relating to NSCPs, including the recent publication by the Inquiry of the real name of one of us despite a court order with penal notice prohibiting this.

We request a meeting with you at your earliest convenience to discuss our concerns.

Yours sincerely*,

“Alison”
“Andrea”
Belinda Harvey
Helen Steel
“Jane”
“Jessica”
Kate Wilson
“Lisa”
“Lizzie”
“Monica”
“Naomi”
“Rosa”
“Ruth”

* Names in inverted commas are the pseudonyms by which we are known to the Public Inquiry

People spied upon by Britiain’s political secret police in Scotland are boycotting the forthcoming Scottish review of the issue, saying ‘it cannot be trusted’ and branding it ‘pointless’.

The review by HM Inspectorate of Constabulary in Scotland (HMICS) was commissioned by the Scottish government. Although most known officers from the disgraced units were active in Scotland, the Home Office has limited the full-scale public inquiry to events in England and Wales. The Scottish government – supported by every party in Holyrood – formally asked for inclusion but were rebuffed in July last year.

The Scottish government responded by asking HMICS to do a review, but only of events in Scotland since 2000.

Now eighteen people have written to HMICS, decrying both the remit and the choice of the body itself.

Most of them were so heavily spied upon that they are among the 200 people designated core participants at the London-based public inquiry. They include several women who were deceived into relationships by undercover officers and have received an abject apology from the Metropolitan Police.

Others were only targeted in Scotland and so cannot be part of that inquiry. Among them are former MSP Frances Curran and climate activist Tilly Gifford who is bringing a case to force a judicial review of Scotland’s exclusion.

Many were also on the illegal construction industry blacklist, despite never having worked in that trade. Several hundred activists were on the list as every constabulary’s Special Branch illegally supplied it with the details of people who were politically active.

‘The HMICS review has none of the muscle it takes to bring the truth to light, even if it were within the remit and was so disposed.

‘There is little point in another report that simply says things were wrong but it has all changed now. We and the Scottish public need proper answers. We want to know the truth of who spied on us, how we were targeted and why police thought they could get away with it. Without that truth there is no path to justice.’

The group add that they ‘do not want to be complicit with measures that treat a violation as less serious if it occurs on Scottish soil’.

Citing earlier reviews in England as inadequate, they call for an entirely different approach that puts the abused first, rather than leaving everything to the abusers and their colleagues;

‘the HMICS review should be scrapped and replaced by something that is credible to all sides and to the public at large’.

The full text of the letter:

HM Inspectorate of Constabulary for Scotland
1st Floor West
St Andrew’s House
Regent Road
Edinburgh
EH1 3DG

27 April 2017

Dear HMICS,

Re: Review of Undercover Policing in Scotland

We were spied upon by undercover political secret police officers in Scotland. Some of us were spied on to such a significant extent that we are core participants at the Undercover Policing Inquiry (UCPI), yet the same officers committing the same acts against us in Scotland will not be considered by the UCPI. Some of us were only spied upon in Scotland and so are ignored by the UCPI. We all deserve the truth, as do the Scottish public whose democratic rights have been interfered with.

In 2011, when the truth of what had been done to us came to public attention, we were met with denials from senior police, and sham inquiries that were narrow investigations by police officers. We have no faith in police investigating themselves. We said these reviews were not sufficiently transparent, robust or independent to satisfy public concern and would not come close to addressing all of the issues raised. We were proven right.

As the scale of what went on became clearer and the content of many of these reports – including one from your sister body HM Inspectorate of Constabulary (HMIC) – were discredited, more serious action was taken. Mark Ellison’s reviews were followed by the announcement of the UCPI. Its exclusion of events in Scotland is a serious limitation. Most of the exposed officers were active in the country and the truth of what happened in Scotland is just as important as it is in England.

For the Scottish Government to commission a review by HMICS is a retrograde step. It is much like the response we had in 2011; police self-investigating a tiny part of what happened, a fob-off to give the appearance of doing something.

We are far beyond that now. We are not dealing with allegations, but proven abuses. This includes officers initiating and furthering intimate relationships with women in Scotland, which the Metropolitan Police has conceded was a violation of human rights and an abuse of police power. It warrants comprehensive and impartial investigation, which we have no faith HMICS is capable of delivering.

Firstly, there is a mater of trust. HMICS is a body of career police officers investigating their colleagues. On that basis alone, it cannot be trusted.

The proposal to look at two disgraced units that were, at the time in question, overseen by the current chief constable of Scotland (whose wife works for your sister organisation, HMIC). This makes it even harder to feign independence. Additionally, the review is being led by Stephen Whitelock who has been working in and alongside the posts that deployed undercover officers, including authorising Strathclyde’s deployments of the abusive Met officers this review examines. The decision to choose him and HMICS gives the appearance of corruption. We cannot think of anyone less appropriate to be doing this.

Secondly, there is a matter of scope. The HMICS remit is limited to events since 2000, a fraction of the lifetime of the units. Among the many outrages committed was the targeting of women through intimate relationships, the use of stolen identities of dead children and the illegal blacklisting of construction workers, environmental and community campaigners. All of these took place in Scotland before 2000 but the investigation will treat them as if they did not happen. To ignore such a significant part of the pattern of abuses makes the investigation unable to see anything like the whole picture and renders it pointless.

Thirdly, there is the element of HMICS’ power to investigate. We have battled for years to get as far as we have, faced by a police culture that will do anything it can to avoid accountability. We have some hope that the UCPI, with its power to compel witnesses who give testimony under oath, might elicit some truth. The HMICS review has none of the muscle it takes to bring the truth to light, even if it were within the remit and was so disposed.

There is little point in another report that simply says things were wrong but it has all changed now. We and the Scottish public need proper answers. We want to know the truth of who spied on us, how we were targeted and why police thought they could get away with it. Without that truth there is no path to justice. There is also no means for the Scottish public to learn how these undemocratic abuses came about and so put steps in place to ensure they do not happen again.

No police report to date has offered anything like that and there is no reason to believe HMICS could, let alone would, do so.

We believe the Justice Secretary should have spoken to those of us abused by these officers in Scotland before deciding on an appropriate course of action. Instead, he spoke only to police and their satellite bodies and then hired them.

We do not want to be complicit with measures that treat a violation as less serious if it occurs on Scottish soil. The HMICS review should be scrapped and replaced by something that is credible to all sides and to the public at large.

The Scottish public and those abused in Scotland deserve a proper Inquiry into the abuses committed by political undercover policing units, just as those in England and Wales deserved one.

‘Andrea’
‘Alison’
Claire Fauset
Donal O’Driscoll
Dr Nick McKerrell
Frances Curran
Harry Halpin
Helen Steel
Jason Kirkpatrick
John Jordan
Kate Wilson
Kim Bryan
Lindsay Keenan
‘Lisa’
Martin Shaw
Merrick Cork
Olaf Bayer
Tilly Gifford

Last week a crucial battle in the undercover policing scandal saw unprecedented moments when the Inquiry chair labelled the Metropolitan Police incompetent and ill-prepared. Pitchford Watcher was in court and looks at what led to this and what it may mean for the future direction of the Inquiry.

At the heart of the Pitchford Inquiry into Undercover Policing one issue towers above all: the release of the cover-names of the undercover officers who targeted protest movements.

For many involved there can be no truth or justice without answers – and for that they need to know who spied on them. Not necessarily who the cops are in real life, but the cover-names used by police posing as activists to infiltrate their campaigns, their friendships, their families and beds, who deceived and abused them. From the start, for the ‘Non Police, Non State Core Participants’ as the subjects of police spying are awkwardly termed, meeting this has been the primary pre-requisite for justice.

It is fair to say that the Metropolitan Police blanched at this demand. This sort of scrutiny of their dark arts is their worst nightmare, one they go extraordinary lengths to avoid. Over the last few decades they are known to have let large cases collapse rather than provide this disclosure.

It is no less true of the six-year civil case brought by women deceived into relationships. There, in a highly unusual move, the Met conceded and gave an unconditional apology. It effectively ended the case, just at the moment when the police were about to be forced to disclose. However, without answers, there was no closure for the women.

The women who fought that long battle do not give up so easily. Two of them, Helen Steel and Kate Wilson, spoke at last week’s hearing. It was their sometimes emotional (and rightfully so) submissions, that brought the damning statements from Pitchford. Though tetchy and constantly interrupting the pair, who were clearly frustrated with the police delays, he was unstinting in his own criticism of the police.

POLICE RESISTING ACCOUNTABILITY

To understand the significance of those comments, we need to take a step back and understand the lead-up to the issues facing the Inquiry. Since the Inquiry began in 2014 it has been dogged by problems, many of a legal nature. The police have constantly fought the release of any details, claiming the need to protect both undercover policing as a tactic and the welfare of undercover officers. It is an uphill battle as they are clearly defending the indefensible in this case. However, as the women in their court case discovered, the police are nothing if not tenacious, and are equally willing to spend large amount of taxpayers’ money to defend their reputation.

For some non-state/police core participants, it feels like a rugby match, each scrum a bruising push towards the final line. Though slowly advancing, each gain in the fight comes with personal costs in what is already a horrendous story. The interventions by Steel and Wilson last week attested to this. It was little surprise that every time the police promised co-operation, those in the public gallery laughed bitterly.

Though, what emerged is that the Inquiry is having its own direct experience of the police failing to meaningfully deliver, despite said promises.

Last year the Inquiry overruled police applications to have the Public Inquiry in private. Pitchford said cover-names would be released unless there was good reason not to. Where arguments to not release existed, these would be dealt via Restriction Orders – in turn evidenced with risk assessments setting out the dangers facing officers if cover and real names were revealed. Thus, risk assessments became pivotal to the process.

DELAYS UPON DELAYS

The first tranche of restriction order applications were due October 2016. Instead, what happened was a farce: friends of undercovers were chosen as risk assessors and had to be dropped; others fell by the way for different reasons. The Inquiry itself had to intervene heavily in the process, including providing specific guidance on what an acceptable risk assessment amounted to. In Pitchford’s words:

the Metropolitan Police were not the experts in risk assessment they claimed to be.

Pitchford has been clear that without the cover-names released the Inquiry cannot proceed. The suspicion in some quarters is that the Met are taking this as that is a guide on how to obstruct. Again, as the Chair told their barrister last week:

This process does not work if you take a year to give me a risk assessment.

For the normally highly restrained language of courts, all these are all harsh words, and damaging to the Metropolitan Police’s reputation. The Met had no real response either: the process had collapsed and needed rebuilding. The October 2016 deadline passed and a new one, the 31st March this year was put in place. At the Inquiry’s request, progress updates moved from monthly to fortnightly. Still, the March deadline was missed as the Metropolitan Police were unable to submit any risk assessments, and worse, applied for an extension until October 2017.

If Pitchford and the Inquiry team were frustrated, those spied upon were incensed. Not least as the Inquiry seemed to be accepting the for now familiar police stalling tactics. However, when Dan Squires, counsel for the non-police/state participants, raised that the police delays were deliberate, Pitchford was quick to step in and disapprove of the suggestion.

However, Pitchford perhaps underestimated, as the police had, the tenacity of those most affected. They were not having it, and were prepared to say so. Kate Wilson and Helen Steel stood up and reiterated the core demands: stop the delays and release the cover names.

Addressing court was clearly a painful experience for them, and frequent interruptions by a seemingly irascible Pitchford made it harder. They were talking from personal experience of having their lives invaded, but this was not simply an account of wrong doing: they had serious points to make about police behaviour.

Building on Squires’ points, they went further, demanding the Inquiry took a stronger grip of the situation and to stop leaving all the power in the hands of the police, the very people being charged with abuse. It was in the face of this that Pitchford’s clear irritation finally broke through. He acknowledged their distress, but again refuted the allegation that it was deliberate. However, this time he tempered it with his trenchant criticism levelled against the Metropolitan Police of incompetency, failure to plan and lack of foresight.

SELECTIVE SECURITY

The police tried a number of tactics, including pleading anxiety on behalf of some officers, and the claim of the need to protect operational secrets. Yet, they had no answer for the point that there had recently been a steady release of court cases and news stories where cover-names have been published as part of prosecution evidence. This included cases involving ISIS and serious organised crime. As Helen Steel remarked, it smelled more of a fight over reputation.

There is little doubt she was right. The Metropolitan Police had scored an own goal, seeking to protect its reputation on one front resulted in it being damaged overall. Pitchford for the most part gave them an easy ride, but when pushed it finally became clear that the Met had not just been given enough rope to hang themselves, but had put their neck into the noose.

Other police forces are clearly paying attention and looking at more nuanced approaches. For instance, the National Police Chiefs’ Council submitted that cover-names could be released if the real names were given automatic anonymity.

Just before the hearing it appears the Met realised the danger it faced. It would not be good if the new Commissioner was formally summoned to give explanation in person, as the Inquiry has the powers to do (a possible outcome of a Section 21 Order under the Inquiries Act). Thus, on the first day of the hearing they produced a much revised and more ambitious timetable. They went from complaining how difficult it would be to get anything in place before October, to promising the first tranche of 22 applications by 1st June, more by 1st August, and by 1st October all 150 affected SDS officers (undercovers and back-room alike) to be risk assessed, and where necessary restriction order applications submitted.

This is just the Special Demonstration Squad officers, and does not include the officers from the National Public Order Intelligence Unit, whose 50+ undercovers have apparently all indicated they want to make restriction orders. Nevertheless, where the Met goes, other forces are likely to follow.

The battle of the cover names has taken a big step forward, though is only half-completed. Pitchford has still to agree to this new timetable, then the police need to actually make the applications. There will then follow hearings to determine what will be restricted and what will be released, possibly using a system of benchmarks rulings to guide the police.

IT’S NOT GOING AWAY

The Inquiry was supposed to be completed by 2018. Now, evidence will not be heard until 2019, and as one barrister noted, at this rate the final report will not be submitted until 2022. That is eight years after it was first announced, eleven after Mark Kennedy, Jim Boyling, Bob Lambert and others were all first exposed. Few are surprised by this, after all Pitchford is relatively new to a fight that started four years before he became involved, and for some a cause spanning over two decades.

The spycops scandal continues to be a poison pill for the Metropolitan Police. Last week, it path walked them into a quandary over their reputation. Either they were incompetent and terrible at risk assessment; or they are not, in which case the delays have all been deliberate. It is clear there is a divide between those spied upon and the Inquiry who believes which.

One wonders how much it played a role in the recent sideways move for the man charged with heading up the Met’s response, Martin Hewitt. He has since moved sideways to head up Territorial Policing, with his role now occupied by Fiona Taylor.

Another open question is what incoming Commissioner Cressida Dick makes of it all. She has inherited a problem from her predecessor Bernard Hogan-Howe who took a somewhat belligerent approach to the issue. Yet, it was on her watch that the report that finally buried the Special Demonstration Squad was drawn up, labelling it a rogue unit without moral compass. However, she has her own skeletons and inconvenient connections into the spycops scandal, not the least being that the Special Demonstration Squad spied upon the de Menezes family justice campaign, a shooting she gave the go-ahead for. How much this will come back to haunt her remains unknown.

In the meantime, campaigners are waiting for the 1st June deadline to come around, in equal measures sceptical and hopeful that answers will finally start emerging.

The submissions made by all core participants and transcripts of the hearings of 5th & 6th April can be found at UCPI.org.uk.

The author attended the two hearings in person on 5th & 6th April.

Originally published on Pitchford Watcher.

There has been emphatic condemnation of the terms of the Scottish inquiry into undercover policing. Not only is it a self-investigation by senior police, it is limited to the last few years of abuses. Although the Special Demonstration Squad was formed in 1968, the Scottish review will not examine anything before 2000.

This comes despite and there are documented cases of officers committing what the Metropolitan Police admit were ‘an abuse of police power’ and ‘a violation of human rights’ in Scotland earlier than 2000.

The Scottish Justice Secretary, Michael Matheson, has commissioned this blatant whitewash without asking anyone targeted by spycops about their experience or what they wish to see done.

The forthcoming Pitchford inquiry into undercover policing in England and Wales has designated around 200 of the most significantly impacted people as ‘core participants’.

Today, a group of the core participants who were also spied upon in Scotland have written to Michael Matheson requesting a meeting. Here is the text of their letter.

To:
Cabinet Secretary for Justice, Michael Matheson
St. Andrew’s House,
Regent Road
Edinburgh EH1 3DG

18 January 2017

Dear Secretary for Justice Michael Matheson,

Request to meet in light of release of terms of reference for the HMICS review of undercover policing in Scotland.

We note with dismay the terms of reference set out for the HM Inspectorate of Constabulary in Scotland review of undercover policing announced last week – a review you commissioned. They singularly fail to address the many abuses of which we have complained, and exclude the abuses experienced by many more.

The terms of reference exclude transparency and accountability; worse still, they prioritise the abusers over the victims, by giving only the police a voice in the process – an intolerable situation, devoid of any justice.

On top of this, it is simply impossible to have faith in the HMICS team given their closeness to those they are supposed to be investigating. The assurances of independence ring hollow and are not borne out by the facts.

We, all people who were spied upon in Scotland, do not understand how this can be a step towards resolution when we are being excluded from a process that should revolve around us and those in our position. For this reason, we must go further than not simply supporting this review, but condemn it as a betrayal of all those deceived.

As there is clearly a lack of understanding of these issues, we ask that you meet with a group of us at the earliest possible convenience.

Yours,

‘Andrea’
‘Alison’
Claire Fauset
Dónal O’Driscoll
Harry Halpin
Jason Kirkpatrick
John Jordan
Indra Donfrancesco
Kate Wilson
Kim Bryan
Martin Shaw
Merrick Cork
Olaf Bayer
Zoe Young

The above individuals were spied upon in Scotland and are core participants in the Pitchford Inquiry into Undercover Policing. A number of them were decieved into relationships which were partially conducted in Scotland, including prior to 2000.

Of the thousands of people targeted by Britain’s political secret police, around 180 were known to be so significantly impacted that they have been granted ‘core participant’ status at the forthcoming Pitchford inquiry.

Most of the known spycops worked abroad, but the terms Theresa May dictated to Pitchford force the inquiry to disregard anything outside England and Wales.

Several spycops officers were in the Irish republic. Five years ago the police there produced a report on Mark Kennedy’s visits but refused to release it. As the fuss has not died down, the gardai are producing another one but won’t say if it will be published. Either way, it will fall far short of looking at the overall picture of British spycops in Ireland. Like the Scottish inquiry, it’s police investigating into police.

As reported in The Times last week, a group of Pitchford core participants who were also spied on in Ireland have demanded the Irish government undertake a thorough, credible and public investigation so that people abused there get the same level of justice as those in England and Wales.

6 December 2016

Spying victims demand access to gardai files

Witnesses in a British inquiry into an undercover policing scandal have urged the Irish government to force the gardai to release any files it has on the spies.

By Ellen Coyne

The Metropolitan police in London formally apologised last year after it was revealed that undercover officers had sexual relationships with members of protest groups they had infiltrated. At least one officer, Mark Kennedy, is known to have been in the Republic of Ireland, while several others were in Northern Ireland.

The Times revealed that the gardai were aware that Mr Kennedy was in the Republic on a number of occasions between 2004 and 2006 but refused to tell ministers whether it knew that he was working as a spy, even though he infiltrated protests in Ireland using his alias.

Theresa May announced an inquiry into undercover policing while she was home secretary and Lord Justice Pitchford’s investigation will examine cases in England and Wales since 1968. It will not include incidents in Northern Ireland and the Republic.

Alice Cutler, Helen Steel, Jason Kirkpatrick, Kate Wilson, Kim Bryan, Sarah Hampton and “Lisa Jones”, not her real name, have all asked to have access to files with information about them, which they believe the gardai hold.

Ms Jones, Ms Wilson and Ms Hampton had relationships with Mr Kennedy without any knowledge that he was a policeman. All three visited Ireland with him.

Ms Bryan went to Belfast in 2005 on a trip organised by Mr Kennedy. Mr Kirkpatrick also travelled to Belfast with Mr Kennedy running anti-globalisation events.

Ms Steel had been in a relationship with John Dines, an undercover officer using the alias John Barker. They had visited Northern Ireland and the Republic together [correction: they were only in the Republic]. All seven visited Ireland with officers who were using undercover identities.

The group said:

‘We have all been personally chosen as core participants because we were significantly targeted by officers in England and Wales. We were also all spied upon in Ireland. We cannot have faith in the ability of the inquiry to deliver an opportunity for truth and justice when it is prevented from fully establishing what happened to us.

‘The Metropolitan police has acknowledged that aspects of the officers’ actions were an abuse of police power and a breach of human rights. These deeds are just as serious wherever they were committed. We request that the Irish government work further to ensure Ireland is included in the inquiry. If this is not forthcoming, the Irish government should set up its own investigation.’

In June the PSNI said that undercover officers had been operating in Northern Ireland during the 1990s without its knowledge. Mark Hamilton, the assistant chief constable at the PSNI, told the Northern Ireland policing board that his force had been “completely blind” to the presence of undercover Metropolitan police officers.

Last month The Times revealed that Frances Fitzgerald, the tanaiste, had asked the garda commissioner for a new report on Mr Kennedy. She will not confirm if the report will be made public.

In 2011 President Michael D Higgins, who was a Labour TD at the time, and Dermot Ahern, the justice minister, asked the commissioner to report on Mr Kennedy’s actions in Ireland. The report was never published.

Last Thursday, a spokesman for the Department of Justice told The Times:

‘The tanaiste has also made clear that she will consider this report fully when it is available, including the question of what information might be put into the public domain.’

Last night the department said it was not offering any further comment.

A spokesman for the gardai said that it does not comment on matters of security.

In the wake of the Home Office decision not to extend the Pitchford inquiry to Scotland, a group of core participants who were spied on there have issued this statement:

We are core participants at the undercover policing inquiry. We are extremely frustrated that Theresa May decided to exclude events in Scotland from the inquiry.

We have all been personally chosen as core participants because we were significantly targeted by officers in England and Wales. We were also all spied upon in Scotland. We cannot have faith in the ability of the inquiry to deliver an opportunity for truth and justice when it is prevented from fully establishing what happened to us.

The inquiry will focus on the disgraced units the Special Demonstration Squad and the National Public Order Intelligence Unit. The majority of known officers from these units were active in Scotland for several decades. To ignore that is to prevent the inquiry from dealing with a significant part of its remit. It sets the inquiry up to fail before it begins.

The decision is a flat denial of the Scottish government’s request for inclusion, which was supported by every party in parliament. Scotland has only asked to have the same disclosure about abuses as is promised to people in England and Wales.

We request that the Scottish government work further to ensure Scotland is included in the inquiry. If this is not forthcoming, the Scottish government should set up its own independent inquiry, a proposal that already has cross-party support. We would be happy to participate in this and help reveal the truth that the Pitchford inquiry keeps hidden.

Alice Cutler
Alison (RAB)
Andrea
Chris Dutton
Claire Fauset
Donal O’Driscoll
Harry Halpin
Helen Steel
Indra Donfrancesco
Jason Kirkpatrick
John Jordan
Kate Wilson
Kim Bryan
Lisa (AKJ)
Martin Shaw
Megan Donfrancesco
Merrick Cork
Naomi (SUR)
Olaf Bayer
Oliver Rodker
Sarah Hampton (HJM)
Simon Lewis
VSP
Zoe Young

On 21 January we held a Voices of the Spied On public meeting, and videos of the four panellists’ speeches are now on our Youtube channel.

Janet Alder has been a tireless campaigner for justice for her brother Christopher who was killed by Humberside police in 1998. Police admit repeatedly putting her under surveillance, yet she has been denied ‘core participant’ status at the Pitchford inquiry into undercover policing.

Stafford Scott has been a key figure in numerous black community and family justice campaigns. He was co-ordinator of the Broadwater Farm Defence Campaign and is now race advocacy officer at the Monitoring Group.

The exposure of undercover police adds a new sinister dimension to the state repression he has devoted himself to opposing, with campaigns being infiltrated and undermined by officers.

Kate Wilson is an environmental and social justice activist who was deceived into a long-term relationship by undercover police officer Mark Kennedy. This, her first UK public talk on the subject, came five days after she won a gruelling four year legal battle to have the Metropolitan Police held accountable for Kennedy’s abuse.

Jules Carey is a human rights lawyer at Bindmans of London, representing many of the people targeted by Britain’s political secret police.

His clients include Jacqui, the first case the Met settled with a woman deceived into a relationship by an undercover officer, and other similar clients whose cases are ongoing. He also represents Barbara Shaw, mother of Rod Richardson, a dead child whose identity was stolen by an undercover police officer.

Here he talks about the forthcoming Pitchford Inquiry into undercover policing.

As the public inquiry into undercover policing prepares itself, it has designated 200 people and organisations that have a known significant link to the issue as ‘core participants’.

Of these, 21 are police and other state agents or agencies, whilst 179 are those who were targeted.

From those 179, 133 have signed a letter to the Inquiry with three demands:

1- Release the ‘cover names’ of all officers from the Special Demonstration Squad and National Public Order Intelligence Unit.

2 – Release the names of the groups who were targeted, believed to be over 500

3 – Release the Special Branch files on all core participants

This demand for disclosure echoes Doreen Lawrence’s call for there to be ‘a presumption in favour’ of naming the spycops.

It also attacks the police’s blanket use of “Neither Confirm Nor Deny” to frustrate attempts to find the truth. Last year’s apology from the Met to seven of the women deceived into relationships with undercover officers admitted

these legal proceedings have been painful distressing and intrusive and added to the damage and distress.

The exposure of the officers whose misdeeds the Inquiry takes so seriously has been a matter of chance – with 13 properly documented, there are still well over a hundred that nothing is known about. The only way to get the truth is if those who were targeted can tell their story, and that can only happen if they know they were spied upon.

The letter is a powerful call from the overwhelming majority of those the Inquiry recognises as being seriously affected. One core participant who signed, Stafford Scott, has likened the inquiry as it stands to a blindfolded boxer with their hands tied.

Another signatory is Kate Wilson, who successfully sued the police after being deceived into a long-term relationship by Mark Kennedy. She told the Guardian

It was only by chance that we found out Mark’s real identity. I might just as easily have been one of the hundreds who still don’t know. Everyone abused deserves the truth, not just those who happen to stumble upon it

The full text of the letter:

Dear Lord Justice Pitchford,

As 133 of the Inquiry’s Core Participants, we write to share our collective view that a fundamental requirement for the Inquiry’s success is to instruct police to disclose, as soon as possible, a list of names of all the organisations about whom intelligence was gathered; the cover names (not the real identities) of the individual officers responsible for infiltrating and reporting on activists and campaigns; and the individual Special Branch reports for each Core Participant group or individual.

We are aware that Preliminary Hearings are due to deal with anonymity and disclosure issues, but we feel it is vital to raise this broader point now on our own behalf and for those whose personal lives or political activities may have been profoundly affected by undercover policing but who are in no position to participate in the Inquiry because of the failure to identify the cover names of undercover agents or the groups spied upon.

Without this basic information, it is effectively impossible for the Inquiry to have a full picture of undercover policing. The only Core Participants in any position to give even a partial summary of facts they might eventually rely upon are the limited number who have already themselves researched and revealed, largely by chance, the existence of undercover officers, or those who have been informed by the media they had been subject to covert surveillance. Even then, it is difficult for non-state core participants and witnesses to contribute in any meaningful way while virtually all the documentary evidence remains in the hands of the police.

On top of this, Operation Herne [police self-investigation into the SDS & NPOIU] confirmed in July 2014 that the SDS alone targeted at least 460 groups for surveillance. When added to the unknown number of operations by the National Public Order Intelligence Unit, there are hundreds of organisations who still have no idea that they were spied upon. This means the overwhelming majority of individuals and organisations targeted since 1968 have had no opportunity to consider the possible consequences of the actions of undercover officers on their work and cannot currently participate as witnesses.

Core Participants and other current and potential witnesses are likely to struggle to provide testimony as long as there remains inadequate or non-existent information available to them. We are deeply concerned that a unique and historic opportunity may be lost unless the Inquiry is able to provide the vital details we seek.

The terms of reference of your Inquiry are broad: to examine the scope and motivations of undercover police operations in practice and their effect upon individuals in particular and the public in general. We therefore believe the issue of disclosure is absolutely critical. In our view, if the Inquiry is to have any realistic prospect of providing accurate insight into the “purpose, extent and effect of undercover police operations targeting political and social justice campaigners” it must do more than look at the activities of the tiny proportion of officers – less than 10% of the total from the SDS and NPOIU – that have already received publicity and exposure.

By their own admission, police records were patchy and much of what was documented has subsequently been lost or destroyed. Even without the resistance to genuine openness and transparency we are expecting, it is plain the police alone cannot provide an adequate narrative of their actions. The only way to discover a true picture of the impact of their undercover operations is to hear the testimony of those about whom intelligence has been gathered – and this is only possible if they know who spied on them and can reflect on the possible scale, implications and potential disruption caused by undercover officers.

We appreciate that the police will use every possible argument against providing greater openness and transparency, although there is no evidence that the public exposure of any undercover officer to date has either placed them at personal risk or posed any threat to national security. In our view, the police’s ‘Neither Confirm Nor Deny’ policy is less about protecting individuals and far more about blocking exposure of misdeeds.

We believe such a policy is untenable in a transparent public inquiry and that full disclosure is essential to discovering the truth. We urge you to set the tone for the future work of the Inquiry by insisting police disclose the information we need to fully participate.

Yours sincerely,

The following Core Participants

(numbers from the inquiry list of core participants v2. An updated PDF, v3, is here)

1 Advisory Service for Squatters

3 AJA

4 Albert Beale

5 Alice Cutler

6 Alice Jelinek

7 Alison (RAB)

8 Alex Beth Stratford

9 Alistair Alexander

10 Amelia Gregory

14 ARB

15 Barbara Shaw

17 Belinda Harvey

19 Ben Stewart

21 Blacklist Support Group

23 Brendan Mee

24 Brian Farrelly

25 Brian Healy

26 Brian Higgins

28 C

29 Cardiff Anarchist Network

30 Celia Stubbs

31 Chris Dutton

32 Claire Fauset

33 Claire Hildreth

34 Clandestine Insurgent Rebel Clown Army

35 Climate Camp Legal Team

36 Colin Roach Centre

38 Dan Gilman

39 Dan Glass

40 Danny Chivers

41 Dave Smith

43 Debbie Vincent

44 Defend the Right to Protest

46 Dónal O’Driscol

47 Duwayne Brooks OBE

48 Ellen Potts

49 Emily Apple

51 Frances Wright

52 Frank Smith

53 Gabrielle Bosely

54 Genetic Engineering Network

55 Geoff Sheppard

56 Gerrah Selby

57 Graham Smith

58 Gráinne Gannon

60 Hackney Community Defence Association

61 Hannah Dee

62 Hannah Lewis

63 Hannah Sell

64 Harry Halpin

65 Helen Steel

66 HJM

67 Hunt Saboteurs Association

68 Indra Donfrancesco

69 Ippy Gray

70 Jacqueline Sheedy

71 Jacqui

72 Jane Laporte

73 Jason Kirkpatrick

75 Jennifer Verson

76 Jesse Schust

77 John Jones

78 John Jordan

79 Juliet McBride

80 Kate Allen

82 Kate Wilson

84 Kim Bryan

85 Kirk Jackson

86 Kirsty Wright

87 Kristina Bonnie Jones (aka Tina Miller)

89 Leila Deen

90 Lisa (AKJ)

91 Lisa Teuscher

92 Lois Austin

93 London Greenpeace

95 Marc Wadsworth

96 Mark Metcalf

97 Martin Shaw

98 Martyn Lowe

99 Matt Salusbury

100 Megan Donfrancesco

101 Melanie Evans

102 Merrick Cork

103 Michael Dooley

105 Michael Zeitlin

106 Morgana Donfrancesco Reddy

110 Naomi (SUR)

112 Newham Monitoring Project

113 Nicola Benge

115 Norman Blair

117 Olaf Bayer

118 Oliver Knowles

119 Oliver Rodker

120 Paddy Gillett

121 Patricia Armani da Silva

122 Paul Chatterton

123 Paul Gravett

124 Paul Morrozzo

126 Piers Corbyn

127 Rhythms of Resistance Samba Band

128 Robbin Gillett

129 Robert Banbury

130 Roger Geffen

131 Rosa (Dil)

133 Ruth (TEB)

125 Sarah Shoraka

136 Shane Collins (aka William Shane Collins)

138 Sian Jones

139 Simon Chapman

140 Simon Lewis

141 Simon Taylor

142 South Wales Anarchists

143 Spencer Cooke

144 Stafford Scott

145 Steve Acheson

146 Steve Hedley

148 Suresh Grover

149 Suzan Keen

151 Terence Evans

152 The Monitoring Group

153 Thomas Fowler

154 Thomas Harris

155 Tim Byrne

157 Tomas Remiarz

158 Trapese

159 Trevor Houghton

160 VSP

161 William Frugal

163 Youth Against Racism in Europe

163 Zoe Young

Additional people made Core Participants since v2 list:

“Andrea”

Ceri Gibbons

Smash EDO

In the wake of revelations of Britain’s political secret police units destroying files that incriminate them, last Friday COPS went to Scotland Yard and demanded that they stop the shredding and release the files.

The only way we will ever know the truth is if those who were spied on come forward. For that, we need disclosure of the list of ‘cover names’ used by officers and the list of groups targeted.

The forthcoming public inquiry is relying on the police to be archivists of their own damning files. The Undercover Research Group, who did such astonishing work this week exposing officer Carlo Neri, called for the ‘domestic extremist’ database unit to be suspended to protect the files.

Later the same day there was another demonstration outside the High Court ahead of the latest hearing in the case of Kate Wilson, who is bringing action after being deceived into a relationship by Mark Kennedy.

Like so many campaigners, Wilson has been subjected to a double injustice. Firstly, there was what the state did to her and then there was the gruelling ordeal of years of blatant obstructions and chicanery to obstruct her quest for the truth.

The police said the relationships weren’t authorised, they were the fault of Kennedy himself, so she shouldn’t sue the police as a body. Then they said the relationships were authorised after all so they would have to go to a secret tribunal where neither she nor her lawyers were allowed.

Kate Wilson on the today Programme, 19 Jan 2016

On Friday, after more than four years, the police finally withdrew their defence and admitted liability. But Wilson does not accept that as the end of it – it still doesn’t actually tell us who was liable. Who authorised it, why, and who else knew and approved it?

Furthermore, is it continuing? Certainly, the surveillance of Kate Wilson did not end when she split up with Mark Kennedy in 2005. Less than a year ago, she found a tracking device on her car.

She gave a powerful and moving interview on the Today Programme and also gave her analysis of the hearing.

The police had already unequivocally accepted that the relationships were wrong. It is now clear that wrongdoing goes far beyond the individual undercover officers. Yet we are denied access to any information about the extent of the intrusion into our lives, who knew and how far up the hierarchy it went.

The police’s decision not to defend the claim is clearly motivated by a determination to avoid disclosure of documents relating to the undercover operations, at any cost. Alongside recent revelations that they are unlawfully destroying files, it makes you wonder what further horrors they are really trying to hide.

How many more women may have been affected by these abuses? How many more children may have been fathered by these undercover officers? It is clear the police are not going to come clean. The only way there can be real justice is if the Inquiry releases the cover names and opens the files so that these women can come forward themselves.

Just like the refusal to tell people they were spied on, and our reliance on volunteer researchers to do the digging, the police’s stonewalling of Kate Wilson shows that they are not interested in admitting the truth, let alone learning from it. Instead, despite knowing that there is still more to come than has been revealed, they are closing ranks around their abusers, putting their fingers in their ears and singing lalalala.

But the years of mounting evidence, the unrelenting determination of the swathes of people affected and the groundswell of public outrage are combining to create a pressure that cannot be resisted much longer. Stop the shredding. Publish the names. Release the files.

==========

Kate Wilson gives her first UK public talk about her experience at our public meeting in London on Thursday. She will be alongside:

• Stafford Scott, race advocacy worker at The Monitoring Group and former co-ordinator of the Broadwater Farm Defence Campaign
• Janet Alder, who has been repeatedly targeted by spycops in her campaign for justice for her brother Christopher, killed by police in 1998
• Jules Carey, lawyer who represented Ian Tomlinson’s family and now represents several women deceived into relationships with spycops

As the scandal of Britain’s political secret police continues to grow, and with a full scale public inquiry imminent, come and hear from those who were targeted by spycops and are leading the fight for justice.

On Thursday 21 January we are hosting a public meeting in London.

On the panel are:

Kate Wilson
The first UK public talk by this social justice activist who was deceived into a long-term relationship by undercover officer Mark Kennedy.

Wilson is one of eight women who collectively took legal action against the police. In doing so they demonstrated that these were not ‘rogue officers’, but the similarity of their experiences proves that what happened to them was accepted strategy.

Their tenacity forced the Met to issue an extraordinary apology in November. Wilson’s case continues.

Janet Alder
Tireless campaigner for justice for her brother Christopher who was killed by police in 1999. Despite the inquest’s finding of unlawful killing, no officers were convicted.

Christopher’s body was subjected to a series of indignities, police admit to repeatedly spying on her and attempting to spy on her lawyer, they snooped into her past to smear her, and despite all this she has been denied ‘core participant’ status at the public inquiry.

Stafford Scott
A key figure in numerous black community and family justice campaigns, formerly co-ordinator of the Broadwater Farm Defence Campaign, Scott is now race advocacy officer at the Monitoring Group.

The exposure of undercover police adds a new sinister dimension to the state repression he has devoted himself to opposing, with campaigns being infiltrated and undermined by officers.

Jules Carey
A human rights lawyer at Bindmans, Carey represents many of the people targeted by spycops.

His clients include Jacqui, the first case the Met settled with a woman deceived into a relationship by an undercover officer, and other similar clients whose cases are ongoing.

He also represents Barbara Shaw, mother of a dead child whose identity was stolen by an undercover police officer.

Chair: The meeting will be chaired by Lois Austin, ex chair of Youth Against Racism in Europe, who were also infiltrated by undercover police.

WHEN: Thursday 21 January, 6.30-8.30pm

WHERE: Diskus Room, Unite the Union, 128 Theobalds Road, London WC1X 8TN

FREE ADMISSION

There will be plenty of time for questions from the floor.