Former MI5 head warns court action over when spies can commit crimes risks exposing informants

Lord Evans of Weardale CREDIT: DAVID MIRZOEFF/PA

A former head of MI5 has warned that a legal challenge against the security services over when spies are allowed to commit crimes risks exposing informants who have entrenched themselves

Campaigners begin their action in the courts on Tuesday over a document which was released last year which states undercover agents were permitted to commit crimes if they thought it was necessary.

It was signed by David Cameron, and human rights activists are demanding an inquiry into the transparency of the secret services and how they conduct their operations.

But Lord Evans of Weardale, who was MI5 director general until 2013, told the BBC’s Radio 4 Today programme certain aspects of such sensitive material through the courts could put spies in danger.

Insisting that it was right that “there’s nothing wrong with bringing a case” against potential wrongdoing and that it “up to the courts to decide what the outcome would be”, he warned that some information could out informants.

He said: “One of the concerns here is that if the exact details of the parameters that are applied are made public then we’re in a situation where a terrorist group who is trying to find out if anybody is actually giving out information could set tasks for them in such a way as to be sure that if they refuse to do that task they know they are working for the intelligence services.

“Not only would that be bad for intelligence gathering, but it would also be very dangerous for the safety of the agent.”

Maya Foa, director of Reprieve – the campaign group bringing the legal action – said she wants to know “what the limits are to this policy”.

“We have only recently discovered that there has been a policy in operation for decades authorising agents of MI5 to potentially commit serious crimes including torture and unlawful killing,” she said.

“Does it mean they can torture? Does it mean they can kill people? Can we torture a five-year-old child of a suspect?”

Lord Evans dismissed the claims, and said: “This isn’t about torture, and it’s not about killing.

MI5/MI6 GCHQ London

“If you’re going to be able to understand the nature of the details of threats to mount terrorist attacks in this country – a really important source of intelligence is humans who are part of the conspiratorial group.

“For many years, probably for decades, we’ve been in a situation where human source intelligence has been absolutely critical for keeping this country safe.”

The former head of MI5 pointed out that by infiltrating a banned group like National Action, agents are already committing a crime by merely being a member.

But pushed on whether MI5 agents are permitted to carry out a punishment beatings such as kneecapping, he said: “The rules are very clear – they are, in this game or in this process to safeguard the public and in order to keep the country safe and able to maintain the rule of law.

“So that’s the ground rules. You have to act in a proportionate way.”

He added: “There are no specific rules on exactly which crimes but there is very clear process to ensure that this is only done at a level which is appropriate, which maintains security and maintains the rule of law.”

With many thanks to: The Telegraph and Gareth Davies for original story 

Follow these links to find out more: https://thebreakingnewsheadlines.com/blog/mi5-role-before-london-bridge-attack-of-legitimate-concern/

(2)-: https://www.voanews.com/europe/britains-mi5-lowers-terrorist-threat-level?amp

(3)-: https://amp.theguardian.com/uk-news/2015/jul/09/secret-report-accused-mi5-police-killing-northern-ireland