Spies and the Media — my recent talk at the Centre for Investigative Journalism

Here’s the film of my talk at the recent sum­mer school at the Centre for Invest­ig­at­ive Journ­al­ism in Lon­don a month ago:

 

Many thanks to Gav­in and the rest of the CIJ team for such a stim­u­lat­ing and thought-pro­vok­ing weekend!

Lawyers challenge integrity of UK spy torture inquiry

Gareth_Peirce_1It was widely repor­ted today that a num­ber of well-respec­ted Brit­ish law­yers and civil liber­ties organ­isa­tions are ques­tion­ing the integ­rity of the much-trum­peted inquiry into UK spy com­pli­city in torture.

And about time too.  One hopes this is all part of a wider strategy, not merely a defens­ive reac­tion to the usu­al power play on the part of the Brit­ish estab­lish­ment.  After all, it has been appar­ent from the start that the whole inquiry would be ques­tion­able when it was announced that Sir Peter Gib­son would be chair­ing the inquiry.

Gib­son has cer­tain form.  He was until recently the Intel­li­gence Ser­vices Com­mis­sion­er — the very per­son who for the last five years has been invited into MI5, MI6 and GCHQ for cosy annu­al chats with care­fully selec­ted intel­li­gence officers (ie those who won’t rock the boat), to report back to the gov­ern­ment that demo­crat­ic over­sight was work­ing won­der­fully, and it was all A‑OK in the spy organisations.

After these years of happy frat­ern­ising, when his name was put for­ward to invest­ig­ate poten­tial crim­in­al com­pli­city in tor­ture on the part of the spies, he did the pub­licly decent thing and resigned as Com­mis­sion­er to take up the post of chair of the Tor­ture Inquiry.

Well, we know the estab­lish­ment always like a safe pair of hands.…  and this safety has also been pretty much guar­an­teed by law for the last six years. 

Ever since the Inquir­ies Act 2005 was pushed through as law, with rel­at­ively little press aware­ness or par­lia­ment­ary oppos­i­tion, gov­ern­ment depart­ments and intel­li­gence agen­cies have pretty much been able to call the shots when it comes to the scope of sup­posedly inde­pend­ent inquiries.

Malcolm_RifkindInter­est­ingly, Tory grandee Sir Mal­colm Rif­kind, the former For­eign Sec­ret­ary who now chairs the Intel­li­gence and Secur­ity Com­mit­tee, has also weighed in to the debate.  On BBC Radio 4’s Today pro­gramme he stated:

I can­not recol­lect an inquiry that’s been pro­posed to be so open as we’re hav­ing in this par­tic­u­lar case. When was the last time the head of MI5 and the head of MI6 – the prime min­is­ter has made quite clear – can be summoned to this inquiry and be required to give evid­ence?

This from the seni­or politi­cian who has always denied that he was offi­cially briefed about the illeg­al assas­sin­a­tion plot against Col­on­el Gad­dafi of Libya in 1996; this from the man who is now call­ing for the arm­ing of the very same extrem­ists to topple Gad­dafi in the ongo­ing shambles that is the Liby­an War; and this from the man who is also loudly call­ing for an exten­sion of the ISC’s leg­al powers so that it can demand access to wit­nesses and doc­u­ments from the spy organisations. 

No doubt my head will stop spin­ning in a day or two.…

Alastair Campbell — guilty of breaching the OSA?

Alastair_Campbell_1I have long sus­pec­ted that Alastair Camp­bell, Labour’s former Dir­ect­or of Com­mu­nic­a­tions, may poten­tially have broken the UK’s Offi­cial Secrets Act.  Now prima facie evid­ence is begin­ning to emerge that he did indeed breach the “clear bright line” against unau­thor­ised dis­clos­ure of intelligence. 

I know that the Met­ro­pol­it­an Police have their hands full invest­ig­at­ing the melt­down that is the News of the World hack­ing scan­dal — and also try­ing to replace all those seni­or officers who had to resign because of it — but they do have a duty to invest­ig­ate crime.  And not just any old crime, in this case, but one that has poten­tially threatened the very basis of our nation­al security.

Why do I say this? 

Sun_45_minutes_from_doomYou’ll no doubt have some vague recol­lec­tion that, in the run-up to the 2003 Iraq War, the Brit­ish gov­ern­ment pro­duced a couple of reports “mak­ing a case for war”.  The first, the Septem­ber Dossier (2002), is the one most remembered, as this did indeed sex up the case for war, as well as include fake intel­li­gence about Sad­dam Hus­sein try­ing to acquire urani­um from Niger.  Most mem­or­ably it led to the “Brits 45 minutes from Doom” front-page head­line in Rupert Mur­doch’s The Sun news­pa­per, no less, on the eve of the cru­cial war vote in Parliament.

There was also the notori­ous leaked Down­ing Street Memo, where the then-head of MI6, Sir Richard Dear­love ©, was minuted as say­ing that the intel­li­gence and facts were being fit­ted around the [pre­de­ter­mined war] policy.

How­ever, for the pur­poses of a pos­sible Regina v. Camp­bell day in court, it is the second report that requires our attention.

It was pub­lished in Feb­ru­ary 2003, just before “shock and awe” was launched to lib­er­ate the grate­ful Iraqi people.   This report became known as the “Dodgy Dossier”, as it was largely lif­ted from a 12 year old PhD thes­is that the spin doc­tors had found on the inter­net.  How­ever, it also included nug­gets of brand-new and unas­sessed intel­li­gence from MI6.  Indeed, even the tooth­less Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment stated in para­graph 82 of its 2002–2003 Annu­al Report ( Down­load ISC_2003) that:

We believe that mater­i­al pro­duced by the [intel­li­gence] Agen­cies can be used in pub­lic­a­tions and attrib­uted appro­pri­ately, but it is imper­at­ive that the Agen­cies are con­sul­ted before any of their mater­i­al is pub­lished. This pro­cess was not fol­lowed when a second doc­u­ment was pro­duced in Feb­ru­ary 2003. Although the doc­u­ment did con­tain some intel­li­gence-derived mater­i­al it was not clearly attrib­uted or high­lighted amongst the oth­er mater­i­al, nor was it checked with the Agency provid­ing the intel­li­gence or cleared by the JIC pri­or to pub­lic­a­tion. We have been assured that sys­tems have now been put in place to ensure that this can­not hap­pen again, in that the JIC Chair­man endorses any mater­i­al on behalf of the intel­li­gence com­munity pri­or to pub­lic­a­tion.

ISC_Iraq_reportAt the time it was repor­ted that Blair and Camp­bell had spon­tan­eously dis­trib­uted this report to journ­al­ists trav­el­ling with them on a tour of the Far East.   The ISC con­firmed that the intel­li­gence had been passed to journ­al­ists without the per­mis­sion of MI6 in its Septem­ber 2003 spe­cial report — “Iraq Weapons of Mass Destruc­tion: Intel­li­gence and Assess­ments” (see pars 131 to 134):

The doc­u­ment was ori­gin­ally giv­en to a num­ber of journ­al­ists over the week­end of
1 and 2 Feb­ru­ary and then placed in the Lib­rary of the House on 3 Feb­ru­ary. The Prime
Min­is­ter described the doc­u­ment as follows:

We issued fur­ther intel­li­gence over the week­end about the infra­struc­ture of
con­ceal­ment. It is obvi­ously dif­fi­cult when we pub­lish intel­li­gence reports, but I hope
that people have some sense of the integ­rity of our secur­ity ser­vices. They are not
pub­lish­ing this, or giv­ing us this inform­a­tion, and mak­ing it up. It is the intel­li­gence
that they are receiv­ing, and we are passing on to people. In the dossier that we
pub­lished last year, and again in the mater­i­al that we put out over the week­end, it is
very clear that a vast amount of con­ceal­ment and decep­tion is going on.”

Con­clu­sions:

The Com­mit­tee took evid­ence on this mat­ter from the Chief of the SIS on both
12 Feb­ru­ary and 17 July and sep­ar­ately from Alastair Camp­bell on 17 July. Both agreed
that mak­ing the doc­u­ment pub­lic without con­sult­ing the SIS or the JIC Chair­man was
a “cock-up”. Alastair Camp­bell con­firmed that, once he became aware that the
proven­ance of the doc­u­ment was being ques­tioned because of the inclu­sion of
Dr Al-Marashi’s work without attri­bu­tion, he tele­phoned both the Chief of the SIS and
the JIC Chair­man to apologise.

We con­clude that the Prime Min­is­ter was cor­rect to describe the doc­u­ment as
con­tain­ing “fur­ther intel­li­gence… about the infra­struc­ture of con­ceal­ment.… It is the
intel­li­gence that they [the Agen­cies] are receiv­ing, and we are passing on to people.”

How­ever, as we pre­vi­ously con­cluded, it was a mis­take not to con­sult the
Agen­cies before their mater­i­al was put in the pub­lic domain. In evid­ence to us the
Prime Min­is­ter agreed. We have repor­ted the assur­ance that we have been giv­en
that in future the JIC Chair­man will check all intel­li­gence-derived mater­i­al on
behalf of the intel­li­gence com­munity pri­or to publication.”

Iraq_supergunCru­cially, Blair and Camp­bell had jumped the (old Iraqi super-) gun by issu­ing this inform­a­tion, but Camp­bell seems to have got away with it by describ­ing such a breach of the OSA as a “cock-up”.  Or per­haps just anoth­er pre­cip­it­ous “rush of blood to the head” on his part, as recently described in the long-sup­pressed testi­mony of SIS2 revealed around the Chil­cot Enquiry and repor­ted in The Guard­i­an:

Papers released by the Chil­cot inquiry into the war show that an MI6 officer, iden­ti­fied only as SIS2, had reg­u­lar con­tacts with Camp­bell: “We found Alastair Camp­bell, I think, an enthu­si­ast­ic indi­vidu­al, but also some­what of an unguided mis­sile.” He added: “We also, I think, suffered from his propensity to have rushes of blood to the head and pass vari­ous stor­ies and inform­a­tion to journ­al­ists without appro­pri­ate pri­or con­sulta­tion” (my emphasis).

So why do I sug­gest that Camp­bell could be liable for pro­sec­u­tion?  It appears that he was a “noti­fied per­son” for the pur­poses of Sec­tion 1(1) of the OSA.  While not employed by the intel­li­gence agen­cies, noti­fied per­sons have reg­u­lar access to intel­li­gence mater­i­al and are sub­jec­ted to the highest clear­ance — developed vet­ting — in the same way as the full-time spooks.  As such, they are also bound by the law against dis­clos­ure of such mater­i­al without the pri­or writ­ten per­mis­sion of the head of the agency whose intel­li­gence they want to dis­sem­in­ate.  There is no room for manœuvre, no dam­age assess­ment, and no pub­lic interest defence.  The law is clear. 

And a report in today’s Tele­graph about Andy Coulson and the phone-hack­ing scan­dal seems to show clearly that Camp­bell was just such a noti­fied person:

Unlike Alastair Camp­bell and oth­er pre­vi­ous hold­ers of the Down­ing Street com­mu­nic­a­tions dir­ect­or role, Mr Coulson was not cleared to see secret intel­li­gence reports and so was spared the most detailed scru­tiny of his back­ground and per­son­al life.….

The only people who will be sub­ject to developed vet­ting are those who are work­ing in secur­ity mat­ters reg­u­larly and would need to have that sort of information.

The only spe­cial advisers that would have developed vet­ting would be in the For­eign Office, Min­istry of Defence and maybe the Home Office. Andy Coulson’s role was dif­fer­ent to Alastair Camp­bell’s and Jonath­an Powell.

Alastair Camp­bell could instruct civil ser­vants. This is why [Coulson] was­n’t neces­sar­ily cleared. Giv­en [the nature of] Andy Coulson’s role as more stra­tegic he would­n’t have neces­sar­ily have been sub­ject to developed vetting.”

So it would appear that Alastair Camp­bell is bang to rights for a breach of the Offi­cial Secrets Act under Sec­tion 1(1).  He released new, unas­sessed and uncleared MI6 intel­li­gence with­in the dodgy dossier.  This is not just some tech­nic­al  infrac­tion of the law — although even if it were, he would still have a case to answer.

EMBNo, this report led inex­or­ably to our coun­try going to war against Iraq, shoulder to shoulder with the US, and the res­ult­ing deaths, maim­ings, pois­on­ings and dis­place­ment of mil­lions of inno­cent Iraqi people.  It has also dir­ectly increased the ter­ror­ist threat to the UK, as Tony Blair was offi­cially warned pre-Iraq war by the then-head of MI5, Eliza Man­ning­ham-Buller.  With the dodgy dossier, Camp­bell has dir­ectly harmed count­less lives and our nation­al security.

Of course, many of us might fan­tas­ise about war­mon­gers get­ting their just deserts in The Hag­ue.  But per­haps the OSA could prove to be Al Camp­bell’s Al Capone-style tax eva­sion moment.

Now, what about The Right Hon­our­able Tony Blair?

UK spies get a B+ for intrusive surveillance in 2010

Black_sheep?The quan­go­crats charged with over­see­ing the leg­al­ity of the work of the UK spies have each pro­duced their undoubt­ably author­it­at­ive reports for 2010. 

Sir Paul Kennedy, the com­mis­sion­er respons­ible for over­see­ing the inter­cep­tion of com­mu­nic­a­tions, and Sir Peter Gib­son, the intel­li­gence ser­vices com­mis­sion­er, both pub­lished their reports last week. 

Gib­son has, of course, hon­our­ably now stood down from his 5‑year over­sight of MI5, MI6, and GCHQ in order to head up the inde­pend­ent enquiry into spy com­pli­city in torture. 

And both the reports say, nat­ur­ally, that it’s all hunky-dorey.  Yes, there were a few mis­takes (well, admis­trat­ive errors — 1061 over the last year), but the com­mis­sion­ers are con­fid­ent that these were neither malign in intent nor an indic­a­tion of insti­tu­tion­al failings. 

So it appears that the UK spies gained a B+ for their sur­veil­lance work last year.

Both com­mis­sion­ers pad out their reports with long-win­ded descrip­tions of what pre­cisely their role is, what powers they have, and the full, frank and open access they had to the intel­li­gence officers in the key agencies. 

They seem sub­limely unaware that when they vis­it the spy agen­cies, they are only giv­en access to the staff that the agen­cies are happy for them to meet — intel­li­gence officers pushed into the room, primped out in their party best and scrubbed behind the ears — to tell them what they want to hear. 

Any intel­li­gence officers who might have con­cerns have, in the past, been rig­or­ously banned from meet­ing those charged with hold­ing the spies to demo­crat­ic account.….

.…which is not much dif­fer­ent from the over­sight mod­el employed when gov­ern­ment min­is­ters, the notion­al polit­ic­al mas­ters of MI6, MI6 and GCHQ, sign off on bug­ging war­rants that allow the aggress­ive invest­ig­a­tion of tar­gets (ie their phones, their homes or cars, or fol­low them around).  Then the min­is­ters are only giv­en a sum­mary of a sum­mary of a sum­mary, an applic­a­tion that has been titrated through many mana­geri­al, leg­al and civil ser­vice fil­ters before land­ing on their desks. 

So, how on earth are these min­is­ters able to make a true eval­u­ation of the worth of such an applic­a­tion to bug someone? 

They just have to trust what the spies tell them — as do the commissioners. 

Keynote at Centre for Investigative Journalism Summer School, 16 July 2011

CIJ_logo_summerschool

My next talk in the UK will be a key­note at the renowned CIJ sum­mer school on 16th July. One of the major themes this year is whis­tleblow­ing, for obvi­ous Wikileaks-related reas­ons, and it appears I shall be in good company.

My talk is at 2pm on the Sat­urday.  I under­stand the key­notes are open to the pub­lic, not just sum­mer school attendees, so come along if you can and please spread the word!

UK Intelligence and Security Committee to be reformed?

The Guard­i­an’s spook com­ment­at­or extraordin­aire, Richard Norton-Taylor, has repor­ted that the cur­rent chair of the Intel­li­gence and Secur­ity Com­mit­tee (ISC) in the UK Par­lia­ment, Sir Mal­colm Rif­kind, wants the com­mit­tee to finally grow a pair.  Well, those wer­en’t quite the words used in the Grauny, but they cer­tainly cap­ture the gist.

If Rif­kind’s stated inten­tions are real­ised, the new-look ISC might well provide real, mean­ing­ful and demo­crat­ic over­sight for the first time in the 100-year his­tory of  the three key UK spy agen­cies — MI5, MI6, and GCHQ, not to men­tion the defence intel­li­gence staff, the joint intel­li­gence com­mit­tee and the new Nation­al Secur­ity Council .

FigleafFor many long years I have been dis­cuss­ing the woe­ful lack of real demo­crat­ic over­sight for the UK spies.  The privately-con­vened ISC, the demo­crat­ic fig-leaf estab­lished under the aegis of the 1994 Intel­li­gence Ser­vices Act (ISA), is appoin­ted by and answer­able only to the Prime Min­is­ter, with a remit only to look at fin­ance, policy and admin­is­tra­tion, and without the power to demand doc­u­ments or to cross-exam­ine wit­nesses under oath.  Its annu­al reports are always heav­ily redac­ted and have become a joke amongst journalists.

When the remit of the ISC was being drawn up in the early 1990s, the spooks were apo­plect­ic that Par­lia­ment should have any form of over­sight what­so­ever.  From their per­spect­ive, it was bad enough at that point that the agen­cies were put on a leg­al foot­ing for the first time.  Spy think­ing then ran pretty much along the lines of “why on earth should they be answer­able to a bunch of here-today, gone-tomor­row politi­cians, who were leaky as hell and gos­siped to journ­al­ists all the time”?

So it says a great deal that the spooks breathed a huge, col­lect­ive sigh of relief when the ISC remit was finally enshrined in law in 1994.  They really had noth­ing to worry about.  I remem­ber, I was there at the time.

This has been borne out over the last 17 years.  Time and again the spies have got away with telling bare­faced lies to the ISC.  Or at the very least being “eco­nom­ic­al with the truth”, to use one of their favour­ite phrases.  Former DG of MI5, Sir Steph­en Lander, has pub­licly said that “I blanche at some of the things I declined to tell the com­mit­tee [ISC] early on…”.  Not to men­tion the out­right lies told to the ISC over the years about issues like whis­tleblower testi­mony, tor­ture, and counter-ter­ror­ism meas­ures.

But these new devel­op­ments became yet more fas­cin­at­ing to me when I read that the cur­rent Chair of the ISC pro­pos­ing these reforms is no less than Sir Mal­colm Rif­kind, crusty Tory grandee and former Con­ser­vat­ive For­eign Min­is­ter in the mid-1990s.

For Sir Mal­colm was the For­eign Sec­ret­ary notion­ally in charge of MI6 when the intel­li­gence officers, PT16 and PT16/B, hatched the ill-judged Gad­dafi Plot when MI6 fun­ded a rag-tag group of Islam­ic extrem­ist ter­ror­ists in Libya to assas­sin­ate the Col­on­el, the key dis­clos­ure made by Dav­id Shayler when he blew the whistle way back in the late 1990s.

Obvi­ously this assas­sin­a­tion attempt was highly reck­less in a very volat­ile part of the world; obvi­ously it was uneth­ic­al, and many inno­cent people were murdered in the attack; and obvi­ously it failed, lead­ing to the shaky rap­proche­ment with Gad­dafi over the last dec­ade.  Yet now we are see­ing the use of sim­il­ar tac­tics in the cur­rent Liby­an war (this time more openly) with MI6 officers being sent to help the rebels in Benghazi and our gov­ern­ment openly and shame­lessly call­ing for régime change.

Malcolm_RifkindBut most import­antly from a leg­al per­spect­ive, in 1996 the “Gad­dafi Plot” MI6 appar­ently did not apply for pri­or writ­ten per­mis­sion from Rif­kind — which they were leg­ally obliged to do under the terms of the 1994 Intel­li­gence Ser­vices Act (the very act that also estab­lished the ISC).  This is the fabled, but real, “licence to kill” — Sec­tion 7 of the ISA — which provides immunity to MI6 officers for illeg­al acts com­mit­ted abroad, if they have the requis­ite min­is­teri­al permission.

At the time, Rif­kind pub­licly stated that he had not been approached by MI6 to sanc­tion the plot when the BBC Pan­or­ama pro­gramme con­duc­ted a spe­cial invest­ig­a­tion, screened on 7 August 1997.  Rif­kind’s state­ment was also repor­ted widely in the press over the years, includ­ing this New States­man art­icle by Mark Thomas in 2002.

That said, Rif­kind him­self wrote earli­er this year in The Tele­graph that help should now be giv­en to the Benghazi “rebels” — many of whom appear to be mem­bers of the very same group that tried to assas­sin­ate Gad­dafi with MI6’s help in 1996 — up to and includ­ing the pro­vi­sion of arms.  Rif­kind’s view of the leg­al­it­ies now appear to be some­what more flex­ible, whatever his stated pos­i­tion was back in the 90s. 

Of course, then he was notion­ally in charge of MI6 and would have to take the rap for any polit­ic­al fall-out.  Now he can relax into the role of “quis cus­todiet ipsos cus­todes?”.  Such a relief.

I shall be watch­ing devel­op­ments around Rif­kind’s pro­posed reforms with interest.

How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

Former head of MI6 says that fact and fiction get mixed up

Sir_john_Scarlett Former head of MI6, Sir John Scar­lett — he of the dodgy Septem­ber Dossier fame that led inex­or­ably to the UK’s inva­sion of Iraq in 2003 and the death, maim­ing, depleted-urani­um pois­on­ing and dis­place­ment of hun­dreds of thou­sands of people — has com­pla­cently stated dur­ing his recent talk at the Hay Lit­er­ary Fest­iv­al that:

One of the prob­lems of intel­li­gence work is that fact and fic­tion get very eas­ily mixed up.  A key les­son you have to learn very early on is you keep them separate.”

Well, no doubt many, many people might just wish he’d listened to his own advice way back in Septem­ber 2002.

Scar­lett is, of course, the seni­or UK spook who made the case for the Iraq war.  Here’s the link:  Down­load Iraq_WMD_Dossier

No doubt you will remem­ber the li(n)es: not only that Iraq’s non-exist­ent  “weapons of mass destruc­tion” could be launched with­in 45 minutes, but also that fake intel­li­gence doc­u­ments had per­suaded MI6 that Iraq was try­ing to buy urani­um from Niger , as Colin Pow­ell asser­ted dur­ing his per­suas­ive speech to the UN in 2003.

Scar­lett pub­licly took the rap and, by pro­tect­ing Tony Blair and Alastair Camp­bell, was rewar­ded with the top job at MI6 and the inev­it­able knight­hood.  No doubt a suit­able recog­ni­tion for his entirely hon­our­able behaviour.

But it gets worse — now he has appar­ently landed a luc­rat­ive job as an advisor on the situ­ation in Iraq work­ing for Nor­we­gi­an oil mega-cor­por­a­tion, Statoil.

You could­n’t make it up…

… or per­haps you could if you’re a former top spy with an undeserved “K” and a luc­rat­ive oil con­tract who has dif­fi­culty sep­ar­at­ing fact from fiction.…..

 

Guardian article: the role of the spies in the UK

Here’s the text of an art­icle I wrote for The Guard­i­an a while ago, where I sug­gest we need a fresh per­spect­ive and some clear think­ing on the role of the spies in the UK

Worth reit­er­at­ing, fol­low­ing the pre-empt­ive arrest of protesters: 

Mark_KennedyThe cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cov­er police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cov­er cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

Acpo_logoIt should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing seni­or police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. Acpo set up the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­ist­ic demo­crat­ic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

Climate_camp_and_policeThe core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

How the Light Gets In — speaking in Hay-on-Wye, May 30 2011

How_the_light_gets_in_Banner I did two ses­sions at Hay-on-Wye philo­sophy and music fest­iv­al — How the Light gets In in May 2011.

The first was a debate called “An Age of Trans­par­ency” with neo-con­ser­vat­ive com­ment­at­or Douglas Mur­ray, and philo­soph­er Nigel Warburton.

The second was my talk about “Spies, Lies, and Life on the Run”.

Here’s a link to a video of my talk.

How_the_light_gets_in_banner

Guantanamo Files: was Bin Hamlili really an MI6 source?

My recent art­icle in The Guard­i­an news­pa­per about the strange, sad case of yet anoth­er Guantanamo victim.

Guantá­namo Bay files: Was Bin Ham­lili really an MI6 source?

With dirty tricks rife in the secret ser­vice we may nev­er know the truth about the Algeri­an car­pet-seller­’s ver­sion of events.

Anoth­er cache of intel­li­gence nas­ties has emerged, blink­ing, into the main­stream media day­light by way of WikiLeaks. This time, the inform­a­tion is drawn from offi­cial Guantá­namo reports on detain­ees, draw­ing on inform­a­tion gleaned over the years of “enhanced” interrogations.

One case that caught my atten­tion was that of Algeri­an car­pet seller Adil Hadi al Jazairi Bin Ham­lili, an alleged “al-Qaida oper­at­ive, facil­it­at­or, cour­i­er, kid­nap­per and assas­sin” who also appar­ently worked as an agent of CSIS (Cana­dian Secret Intel­li­gence Ser­vice) and our very own MI6. So was this man a double-agent, play­ing his own lonely game and caught between the demands of his al-Qaida con­tacts and his west­ern hand­lers? Or has MI6 been employ­ing its very own al-Qaida assassin?

The report states that this is Bin Ham­lili’s story in his own words – no doubt freely uttered as he emerged, splut­ter­ing, from yet anoth­er inter­rog­a­tion. It appears that he entered the mujahideen world when he was a child in the 1980s, fight­ing the Soviet occu­pa­tion of Afgh­anistan. An era when the group was very much an ally of the west, fun­ded, trained and armed by the CIA and MI6 in the fight against the Soviet Union.

This could very well have led to MI6 and/or CSIS approach­ing Bin Ham­lili as a poten­tial source of human intel­li­gence. Humint sources are the crown jew­els of intel­li­gence work – able to reach parts bey­ond the range of elec­tron­ic sur­veil­lance. The down­side, of course, is that they are merely human and need strong sup­port and backup to sur­vive their dan­ger­ous job, year after year. This is some­thing that is not always provided to them and they can often end up feel­ing exposed, increas­ingly para­noid and in real danger, play­ing every side just to survive.

While some agents do indeed suf­fer a genu­ine revul­sion towards their earli­er alle­gi­ances – the basic ideo­lo­gic­al shift – and try to atone by help­ing the spooks, most are entrapped by the oth­er three points in the clas­sic spy acronym: money, ideo­logy, com­prom­ise, ego. These are more shaded, com­pelled motiv­a­tions that can lead to resent­ment and poten­tial double-deal­ing, and require close agent hand­ling and care. Unfor­tu­nately, this is often lacking.

So wel­come to the clas­sic intel­li­gence “hall of mir­rors”. Was Bin Ham­lili really an MI6 source? Or was this just an attempt to stop the tor­ture in Guantá­namo, how­ever tem­por­ar­ily? Per­haps he was play­ing both sides? Or per­haps he faith­fully repor­ted back to his CSIS/MI6 hand­lers but his reports were not effect­ively acted on – this hap­pens in the intel­li­gence agen­cies – and the culp­able officers brushed these mis­takes under the car­pet by claim­ing “agent unre­li­ab­il­ity” or “lack of co-operation”.

Or, more wor­ry­ingly, Bin Ham­lili might indeed have had an effect­ive work­ing rela­tion­ship with his hand­lers and was actu­ally tasked in his work as pro­vocateur or even ter­ror­ist, for some arcane intel­li­gence pur­poses. But once caught, he was deemed to be polit­ic­ally embar­rass­ing and hung out to dry.

This would cer­tainly not be the first time this has happened to intel­li­gence agents. Dirty tricks were intrins­ic in the dirty war in North­ern Ire­land from the early 1970s, and agents such as Mar­tin McGart­land, Denis Don­ald­son (deceased) and Kev­in Fulton have learned all too bru­tally what the phrase “hung out to dry” really means.

This was not restric­ted to North­ern Ire­land. In 1996, MI6 illeg­ally fun­ded an “al-Qaida” coup to assas­sin­ate Col­on­el Gad­dafi, using as its agent a Liby­an mil­it­ary intel­li­gence officer. The attempt mani­festly failed, although inno­cent people were killed in the attempt. This was all hushed up at the time, but now seems rather tame as we watch our defence sec­ret­ary, Liam Fox, fly out to dis­cuss with his US coun­ter­part, Robert Gates, the overt assas­sin­a­tion of Gad­dafi using pred­at­or drones. State ter­ror­ism as the new diplomacy?

I doubt we shall ever now know the truth behind Bin Ham­lili’s report. The expos­ure of the Guantá­namo régime high­lights once again that tor­ture is coun­ter­pro­duct­ive – it panders to the pre­con­cep­tions of the inter­rog­at­ors and acts as a recruit­ing ground for future poten­tial ter­ror­ists. This used to be the con­sensus even with­in our intel­li­gence agen­cies, pre‑9/11. They need to re-remem­ber the les­sons of his­tory, and their humanity.

Bleat: Knowledge is power — the MI6 prime directive

Black_sheep?By way of ran­dom link­age, I stumbled across this little gem of an art­icle by that old spook apo­lo­gist extraordin­aire, Con Cough­lin.  He’s writ­ing about the first pub­lic speech by a serving head of (SIS) MI6, which was addressed to the Soci­ety of Edit­ors last autumn.  Dear old Con­’s inter­pret­a­tion of events is slightly dif­fer­ent from mine at the time.….

The para­graph that leapt out at me was this:

Sir John Saw­ers, the cur­rent “C” in charge of MI6, made much the same point yes­ter­day in his ground-break­ing speech to the Soci­ety of Edit­ors. He explained that acquir­ing secret intel­li­gence, and keep­ing it secret, remains his organisation’s fun­da­ment­al objective.”

Well, excuse my naiv­ety but I thought that the role of the Brit­ish intel­li­gence agen­cies was to pro­tect “nation­al secur­ity”, whatever that might mean accord­ing to the fla­vour of the day, not merely to acquire and keep secrets.

Well, I obvi­ously remain irre­deem­ably ideal­ist­ic.  Per­haps, as my fath­er hope­fully states on occa­sion, one day I’ll even­tu­ally grow up.….

 

Libya: my enemy’s enemy is my friend, until he becomes my enemy again…

UK Prime Min­is­ter, Dav­id Camer­on, reportedly made the start­ling state­ment recently that the mil­it­ary inter­ven­tion in Libya “unlike Iraq, is neces­sary, leg­al and right”. 

Blair_takes_the_oathWould it not be won­der­ful if he could take the next logic­al step towards joined-up think­ing and con­sider send­ing our esteemed Middle East Peace Envoy, a cer­tain Mr T Blair, over for a spot of por­ridge at the Inter­na­tion­al Crim­in­al Court in The Hag­ue?  After all, Camer­on has now clearly implied that the Iraq war was “unne­ces­sary, illeg­al and wrong”.….

But back to Libya.  With the ongo­ing crisis — now war — much is being writ­ten about how the pre­vi­ous UK gov­ern­ment col­lab­or­ated with the Gad­dafi régime in the last dec­ade — while tacitly glossing over the last year of Coali­tion gov­ern­ment where, no doubt, sim­il­ar levels of coöper­a­tion and back-slap­ping and money-grub­bing were going on at the highest levels to ensure the con­tinu­ing flow of oil con­tracts to the UK.

But, yes, we should be dis­sect­ing the Labour/Gaddafi power bal­ance.  Gad­dafi had New Labour over the pro­ver­bi­al (oil) bar­rel from the late 1990s, when MI5 whis­tleblower Dav­id Shayler exposed the failed and illeg­al MI6 assas­sin­a­tion plot against Col­on­el Gad­dafi, using as fall-guys a rag-tag group of Islam­ic extrem­ists.  The newly-elec­ted Labour gov­ern­ment’s knee-jerk response at the time was to believe the spook’s deni­als and cov­er-up for them.  Per­haps not so sur­pris­ing, as the gov­ern­ment min­is­ters of the day were uncom­fort­ably aware that the spies held files on them.  But this craven response did leave the gov­ern­ment pos­i­tion exposed, as Gad­dafi well knew.

MoS_G_Plot-credible_1997The CIA was fully cog­nis­ant of this failed plot at the time, as were the French intel­li­gence ser­vices.  The Gad­dafi Plot is once again being ref­er­enced in the media, includ­ing the Tele­graph, and a recent edi­tion of the Huff­ing­ton Post.  The details are still rel­ev­ant, as it appears that our enter­pris­ing spooks are yet again reach­ing out to a rag-tag group of rebels — primar­ily Islam­ists and the Senussi roy­al­ists based around Benghazi. 

The les­sons of the reck­less and ill-thought out Gad­dafi Plot were brushed under the car­pet, so his­tory may yet again be doomed to repeat itself.  Yes, Gad­dafi has been one of the biggest back­ers of ter­ror­ism ever, and yes he has bru­tal­ised parts of his own pop­u­la­tion, but if he were deposed how can the West be sure that those step­ping into the power vacu­um would not be even more dangerous?

Musa_Kousa_Hillary_Clinton_NY_2010The Liby­an gov­ern­ment con­tin­ued to use the 1996 MI6 assas­sin­a­tion plot as lever­age in its nego­ti­ations with the New Labour gov­ern­ment right up until (pub­licly at least) 2009.  Musa Kousa, the cur­rent For­eign Min­is­ter, played a key role through­out.  For many years Kousa was the head of the Liby­an Extern­al Secur­ity Organsi­ation and was widely seen as the chief archi­tect of inter­na­tion­al Liby­an-backed ter­ror­ism against the USA, the UK and France. 

Anoth­er appar­ent example of this mor­al black­mail caught my eye recently — this report in the Daily Mail.  Saif al-Islam Gad­dafi was afforded MI6-backed pro­tec­tion when he was finally allowed into the UK in Septem­ber 2002 to study at the LSE

The tim­ing was par­tic­u­larly inter­est­ing, as only months earli­er Saif had won a libel case against the UK’s Sunday Tele­graph news­pa­per.  A grov­el­ling apo­logy was made by the news­pa­per, but Saif refrained from ask­ing for “exem­plary dam­ages” — which he would almost cer­tainly have won.  The res­ult­ing pay-off for this restraint appears to be that a mere five months later he was wel­comed into the UK with MI6-facil­it­ated protection.

Saif’s rela­tions with the UK had not always been so rosy. As back­ground to this case, in 1995 the Sunday Tele­graph had fallen hook, line and sinker for a MI6 clas­sic pro­pa­ganda oper­a­tion.  As The Guard­i­an repor­ted, the secret­ive MI6 media manip­u­la­tion sec­tion, Inform­a­tion Oper­a­tions, (I/Ops), had suc­cess­fully spun a fake story to hap­less spook hack, Con Cough­lin, that Gad­dafi Juni­or was involved in cur­rency fraud.  This story was fake, but the paper trail it pro­duced was used by the spies as a pre­text to pre­vent Saif from enter­ing the UK at the time. 

Saif_Prince_AndrewBy 2002 this was all old his­tory, of course.  Saif was wel­comed to the UK, offi­cially to study for his MA and PhD at the Lon­don School of Eco­nom­ics (and show­ing his grat­it­ude to that august insti­tu­tion with a hefty dona­tion of £1.5 mil­lion — it makes the new tuition fees for UK stu­dents seem bet­ter value for money), and unof­fi­cially to chum up to vari­ous Estab­lish­ment ena­blers to end Liby­a’s pari­ah status, open up luc­rat­ive trade chan­nels, and get the SAS to train up Liby­a’s spe­cial forces

The UK mil­it­ary must be just lov­ing that now.….

So I get the feel­ing that the UK gov­ern­ment has over the last dec­ade indeed “danced with the dev­il”.  After dec­ades of view­ing Libya and Col­on­el Gad­dafi as a Pri­or­ity One JIC intel­li­gence tar­get, the UK gov­ern­ment fell over itself to appease the Gad­dafi régime in the wake of the bungled assas­sin­a­tion attempt in 1996 and the libelling of his son.  These were the sticks Gad­dafi used; the car­rots were undoubtedly the Saif/MI6-facil­it­ated oil con­tracts

Of course, all this is now pretty much a moot point, fol­low­ing Dave Camer­on’s “neces­sary, leg­al and right” mil­it­ary inter­ven­tion.  If the wily old Col­on­el man­ages to hang on grimly to some semblence of power (and he has an impress­ive track-record of sur­viv­ing against the odds), then I doubt if he’ll be happy to coöper­ate with Brit­ish oil com­pan­ies in the future.  At the very least. 

Gad­dafi has already threatened “ven­geance” against the West, and it was repor­ted today that MI5 is tak­ing this all-too-pre­d­it­able risk seriously.

If Gad­dafi is deposed, who can real­ist­ic­ally pre­dict the inten­tions and cap­ab­il­it­ies of those who will fill the power vacu­um?  We should have learnt from Afgh­anistan and Iraq: my enemy’s enemy is my friend — until he becomes my enemy again.….

 

The spies and Libya — time to dust off their conscience

As I’ve men­tioned before, the former heads of UK intel­li­gence agen­cies have a charm­ing habit of speak­ing out in sup­port of the rule of law, civil liber­ties, pro­por­tion­al­ity and plain com­mon sense — but usu­ally only after they have retired. 

Per­haps at their leav­ing parties their con­sciences are extrac­ted from the secur­ity safe, dus­ted off and giv­en back  — along with the gold watch?

DearloveEven then, post-retire­ment, they might try to thrice-deny poten­tially world-chan­ging inform­a­tion, as Sir Richard Dear­love did when ques­tioned by the fear­less and fear­somely bright Silkie Carlo about the leaked Down­ing Street Memo at his recent speech at the Cam­bridge Uni­on.  (The links are in two parts, as the film had to be mirrored on You­tube — Dear­love claimed copy­right on the orgin­al Love Police film and had it taken down.)

And “out of con­text”, my left foot — he could poten­tially have saved mil­lions of lives in the Middle East if he’d gone pub­lic with his con­sidered pro­fes­sion­al opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy in the run-up to the inva­sion of Iraq.

Would­n’t it be lovely if these esteemed ser­vants of the state, replete with respect, status and hon­ours, could actu­ally take a stand while they are still in a pos­i­tion to influ­ence world events?

Eliza_Manningham_BullerMy former boss, Bar­on­ess Eliza Man­ning­ham-Buller, has been unusu­ally voci­fer­ous since her retire­ment in 2007 and elev­a­tion to the peer­age.  She used her maid­en speech to the House of Lords to object to the pro­posed plans to increase police deten­tion of ter­ror­ist sus­pects without charge from 28 to 42 days; she recently sug­ges­ted that the “war on ter­ror” is unwinnable and that we should, if pos­sible, nego­ti­ate with “Al Qaeda” (well, it worked with the Pro­vi­sion­al IRA); and that the “war on drugs” had been lost and the UK should treat recre­ation­al drug use as a health rather than a crim­in­al issue. She steals all my best lines.…

But cred­it where cred­it is due.  Des­pite the fact that she used the full power of the Brit­ish state to pur­sue ter­ror­ist sus­pects up until 2007 and invest­ig­ate drug bar­ons in the 1990s, she did appar­ently try to make a stand while en poste in the run-up to the Iraq War.  Last year she gave evid­ence to the Chil­cot Enquiry, stat­ing that she had offi­cially briefed the gov­ern­ment that an inva­sion of Iraq would increase the ter­ror­ist threat to the UK.

So it’s obvi­ous that once a UK Prime Min­is­ter has come over all Churchil­lian he tends to ignore the coun­sel of his chief spooks, as we’ve seen with both the Down­ing Street Memo the Chil­cot Enquiry. 

With that in mind, I’ve read with interest the recent press reports that the UK author­it­ies appar­ently knew about Col­on­el Gad­dafi retain­ing stock­piles of mus­tard gas and sar­in (des­pite the fact that the world was assured in 2004 that it was his renun­ci­ation of WMDs that allowed him back into the inter­na­tion­al dip­lo­mat­ic fold) . 

So the key ques­tion is surely: is this anoth­er erro­neous45 minutes from attack” moment, with Gad­dafi’s alleged stock­piles of WMD a per­fect scare­mon­ger­ing pre­text to push for a full-on régime change in Libya; or is this genu­ine, and we were all lied to about Gad­dafi’s destruc­tion of his WMD stock­piles for eco­nom­ic advant­age and fat, juicy oil contracts?

The Wall Street Journ­al recently ran an art­icle quot­ing the con­cern of “gov­ern­ment insiders” about Gad­dafi’s poten­tial future ter­ror­ism threat against the West, up to and includ­ing WMDs, should he cling on to power.  Well, yes, it would hardly be sur­pris­ing if he were now to be as mad as a wasp with his ex-new best bud­dies.  Des­pite the sor­did rap­proche­ment in the last dec­ade, he has been for much of his life an invet­er­ate enemy of the West and spon­sor of world­wide terrorism.

Rather than wait­ing for his “K” and his retire­ment, would it not be won­der­ful if the cur­rent head of MI5, Jonath­an Evans, could extract his con­science from that dusty secur­ity safe and make a use­ful and informed state­ment to shed some light on the mess that the Liby­an war is rap­idly becom­ing?  He could poten­tially change the course of world his­tory and save untold lives.