Senior MI5 officers misled investigators in a probe into the intelligence agency's handling of a violent, misogynistic neo-Nazi agent, a scathing report has revealed. Officers relied on a false account which had been allowed to take hold and persist after confirming Agent X was one of their agents. They had claimed they had neither confirmed nor denied (NCND) his role during a watchdog probe and in misleading responses to journalists.
False Evidence to Three Courts
The intelligence agency has admitted giving false evidence to three courts over its handling of the man and confirmed it has settled a legal claim brought by the victim without admission of liability. The Investigatory Powers Commissioner published a scathing 213-page report into Agent X. It said the key individual who departed from NCND to a BBC journalist knew throughout what he had done yet failed to report it. Others in MI5 knew that NCND had been departed from, but a false account was allowed to take hold and persist. That false account was subsequently relied upon in the injunction proceedings, before the Investigatory Powers Tribunal and in judicial review proceedings. Opportunities to correct the position were missed.
Watchdog's Grave Concerns
Investigatory Powers Commissioner Sir Brian Leveson said: 'What makes this case particularly grave is that IPCO and the courts were misled. Failings of candour undermine the entire basis of oversight and accountability.' The IPT, a specialist tribunal which investigates allegations against the UK intelligence services, said in July last year that MI5 giving false evidence gives rise to real cause for concern and must never happen again.
MI5 Director General Apologises
MI5 Director General Sir Ken McCallum said: 'MI5 recognises without hesitation the seriousness of our failings in these proceedings. I repeat my previous apologies to both courts for the incorrect evidence that was provided, and for our slowness in recognising what had happened. I also repeat my apology to Beth, who suffered additional distress as a consequence of what MI5 got wrong in the course of responding to her serious claims.' He added that over the last 18 months MI5 has done much to improve policies and processes, including strengthening record-keeping, updating evidence provision in legal proceedings, and updating policies and training on identifying and responding to harm risks.
Victim's Ordeal
Beth claimed her abusive ex-partner boasted about being a paid informant for MI5. Shocking video footage published by the BBC allegedly showed her ex-partner attacking her with a machete. Agent X had previously been reported to police abroad about allegations of domestic violence against a previous partner. MI5 confirmed Agent X was one of their agents, shredding their claim that they never confirm an agent's identity under the neither confirm nor deny principle. Beth took legal action against MI5, claiming the intelligence agency breached her human rights by failing to protect her from Agent X. She took the case to the Investigatory Powers Tribunal, where judges ruled much of the case should be held in secret after MI5 said it does not confirm agent identities.
