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Showing posts with label MI5. Show all posts
Showing posts with label MI5. Show all posts

Tuesday, 11 August 2015

A very British coup



Chris Mullin in The Guardian


 

Publicity for the 1988 TV adaptation of Chris Mullin's book, A Very British Coup, with Ray McAnally as Prime Minister Harry Perkins. Photograph: British Film Institute


Monday 10 August 2015 18.38 BST 

‘The news that Harry Perkins was to become prime minister went down very badly in the Athenaeum.” So ran the opening line from A Very British Coup. My 1982 novel was predicated on the surprise election of a leftwing Labour government led by a Sheffield steel worker that is then destabilised by the forces of darkness – a cabal of press barons in cahoots with M15, the CIA and with a little help from Labour insiders. It was, as the Guardian’s Simon Hoggart remarked at the time, “a delicious fantasy”.

It couldn’t happen now, could it? Successive election defeats and the triumph of New Labour have surely put paid for ever to the prospect of a leftwing Labourparty capable of winning an election. Or have they?

As it happens I long ago tapped out the first 5,000 words or so of a sequel, but fantasy or not, the astonishing rise of Jeremy Corbyn has given a new lease of life to the real-life possibility, however remote. At recent speaking engagements all available copies of the novel, which is still in print, were gobbled up within minutes. Repeatedly I was asked about the possibility of a Corbyn victory. Gently I pointed out that a party led by Corbyn, saintly and decent man that he is, was likely to be unelectable. Which only met with the riposte that since the other three candidates appear to be unelectable too, why not go for the real thing?

But delicious fantasy or not, let us for a moment suspend judgment and consider how the political establishment would react to a Corbyn victory.

One thing for sure, his honeymoon would be short. His first challenge would be the fact that he has very little support in the parliamentary Labour party. Appeals to loyalty are likely to fall on deaf ears, given his record as a serial dissident.

The good news for Corbyn is that, unlike in the 80s, defections are unlikely. A few people may retire earlier than intended, but I know of no one who thinks an SDP mark II would be a good idea, and the Liberal Democrats are not likely to be an attractive option for the foreseeable future. Corbyn’s principal problem would probably be the sullen indifference of parliamentary colleagues, rather than outright rebellion, though one can’t rule out a direct challenge in due course.

In politics, however, nothing is impossible. Today’s bogeymen can become tomorrow’s national treasures, albeit usually only after they have been rendered harmless. Suppose that Corbyn was to make it unscathed to the general election. Suppose, too, that the country was wearying of the Tories and their endless austerity, and that the polls had begun to predict that the gap between the two parties was closing. The Conservatives and all their friends in the media would, of course, attempt to organise mass hysteria – but it might not work.

Corbyn has several obvious advantages over mainstream rivals, such as the fact that he is an entirely different breed of politician to those the electorate has, fairly or not, come to despise. He is modest and untainted by any whiff of scandal, and has held broadly consistent views all his life. Unlike many leftists he is not given to ranting or rabble-rousing. On the contrary, he has conducted himself well so far. A sustained campaign on affordable housing might even win him friends across the board in the south-east of England, where Labour most needs votes.

Yes, stretching the political elastic to its limit, a Corbyn government is just about conceivable. If so, we are in Harry Perkins territory. The gloves would come off. The “coup” in the novel is that the election of Perkins is greeted by a huge run on sterling orchestrated by Treasury civil servants. A leading trade unionist is persuaded to organise a power industry strike, leading to blackouts. Perkins is finally brought down after being blackmailed by M15 over a relationship he once had with a woman who worked to the boss of a nuclear power company with whom he had dealings when he was secretary of state for energy.

In this case it is unlikely that M15 would interfere. It has its work cut out keeping track of Islamists, and has been cleaned up since the scandals of the 80s. (“We’ve cleared out a lot of dead wood,” a Tory home secretary once whispered to me.) The Americans are also unlikely to interfere unless their bases were threatened. Phasing out Trident wouldn’t bother them – they were never keen on our so-called independent deterrent.

Like that of Harry Perkins (and Harold Wilson), a Corbyn government would have problems with the bankers and the Treasury. These days,with a floating currency, runs on the pound are difficult to organise, but the deficit (which, despite their promises, the Tories won’t have abolished) and the balance of payments could be talked up, and a crisis easily organised.

The media barons would be a problem too. Opportunities for mischief would be legion. If it were up to me, rather than meet them head on, I’d offer the Murdochs a deal: a much larger share of Sky in exchange for relinquishing their British newspapers. You never know, it might wash.

The tricky moment would come when things started to go wrong, as they do for all governments. A few bad polls, bad economic news, electricity blackouts, a blockade of oil refineries … at that point, our beloved leader would face a challenge from someone within his own ranks, perhaps in league with the enemy. Yes, I think I am beginning to see my way to a sequel.

Tuesday, 11 September 2012

Justice and security bill is designed to stop disclosure of intelligence secrets



After recent embarrassments, the government wants to ensure no intelligence information emerges in civil court hearings again
Ken Clarke
The government has tried to assuage opponents by keeping the relatively liberal Ken Clarke in charge of the bill. Photograph: Steve Parsons/PA
The justice and security bill is the direct result of evidence that emerged in court supporting allegations that MI5 and MI6 knew about the torture or inhuman and degrading treatment meted out by the CIA to terror suspects, including British citizens and residents, notably Binyam Mohamed.
The high court, later backed by senior judges in the court of appeal, ruled that information the CIA had passed to MI5 and MI6 should be disclosed. Washington was furious. The British government, and in particular David Miliband, the foreign secretary at the time, was deeply embarrassed.
There was a danger of further incriminating evidence emerging in court as UK citizens and residents who were held at Guantánamo Bay demanded compensation. To avoid disclosing what MI5 and MI6 may have known about the secret transfer of the detainees to the US military prison on Cuba and about their treatment, the government offered them expensive out-of-court settlements.
Under pressure from the security and intelligence agencies – and the US – the coalition government decided to introduce a statute designed to prevent any intelligence information from being disclosed in civil court hearings ever again.
The government argues that the bill would allow more intelligence information to be heard in court than hitherto, even though it would be heard in secret. A judge would decide whether the information should be kept secret. The bill's critics say that the way it is drafted means it would be extremely difficult for a judge to challenge any minister's claim that information should be kept secret on grounds of national security. The fact that a hearing would be held in secret could itself be kept secret.
Critics say the bill represents a creeping move towards more and more secret courts, based on the model of the special immigration appeals commission, where any evidence can be withheld from a defendant and his or her lawyers. Evidence of British collusion in the abuse and rendition of terror suspects to places where they risked being tortured – including evidence of MI6's role in the rendition in 2004 of two Libyan dissidents into the hands of Muammar Gaddafi's secret police in Tripoli – might never have seen the light of day had the bill been in place.
The government has tried to assuage opponents by keeping the role of steering the bill through parliament in the hands of the relatively liberal former justice secretary Ken Clarke, rather than his successor, Chris Grayling. Liberal Democrat ministers have sought credit for excluding inquests from the bill, an element of the original draft that had provoked strong opposition from armed forces families and the British Legion.
But senior Liberal Democrats have not all been persuaded and will express their concern about the bill at their conference in Brighton this month. A motion says the bill's proposals for "closed material procedures", as they are called, form no part either of the Liberal Democrat or Conservative manifestos in 2010, or the coalition agreement.

Friday, 5 August 2011

UK's secret policy on torture revealed

Document shows intelligence officers instructed to weigh importance of information sought against pain inflicted

  • guardian.co.uk,
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  • A number of men said they were questioned by MI5 and MI6 after being tortured at Guantánamo
    A number of men said they were questioned by MI5 and MI6 officers after being tortured at Guantánamo Bay. Photograph: Mark Wilson/Getty Images
    A top-secret document revealing how MI6 and MI5 officers were allowed to extract information from prisoners being illegally tortured overseas has been seen by the Guardian. The interrogation policy – details of which are believed to be too sensitive to be publicly released at the government inquiry into the UK's role in torture and rendition – instructed senior intelligence officers to weigh the importance of the information being sought against the amount of pain they expected a prisoner to suffer. It was operated by the British government for almost a decade. A copy of the secret policy showed senior intelligence officers and ministers feared the British public could be at greater risk of a terrorist attack if Islamists became aware of its existence. One section states: "If the possibility exists that information will be or has been obtained through the mistreatment of detainees, the negative consequences may include any potential adverse effects on national security if the fact of the agency seeking or accepting information in those circumstances were to be publicly revealed. "For instance, it is possible that in some circumstances such a revelation could result in further radicalisation, leading to an increase in the threat from terrorism." The policy adds that such a disclosure "could result in damage to the reputation of the agencies", and that this could undermine their effectiveness. The fact that the interrogation policy document and other similar papers may not be made public during the inquiry into British complicity in torture and rendition has led to human rights groups and lawyers refusing to give evidence or attend any meetings with the inquiry team because it does not have "credibility or transparency". The decision by 10 groups – including Liberty, Reprieve and Amnesty International – follows the publication of the inquiry's protocols, which show the final decision on whether material uncovered by the inquiry, led by Sir Peter Gibson, can be made public will rest with the cabinet secretary. The inquiry will begin after a police investigation into torture allegations has been completed. Some have criticised the appointment of Gibson, a retired judge, to head the inquiry because he previously served as the intelligence services commissioner, overseeing government ministers' use of a controversial power that permits them to "disapply" UK criminal and civil law in order to offer a degree of protection to British intelligence officers committing crimes overseas. The government denies there is a conflict of interest. The protocols also stated that former detainees and their lawyers will not be able to question intelligence officials and that all evidence from current or former members of the security and intelligence agencies, below the level of head, will be heard in private. The document seen by the Guardian shows how the secret interrogation policy operated until it was rewritten on the orders of the coalition government last July. It also: • Acknowledged that MI5 and MI6 officers could be in breach of both UK and international law by asking for information from prisoners held by overseas agencies known to use torture. • Explained the need to obtain political cover for any potentially criminal act by consulting ministers beforehand. The secret interrogation policy was first passed to MI5 and MI6 officers in Afghanistan in January 2002 to enable them to continue questioning prisoners whom they knew were being mistreated by members of the US military. It was amended slightly later that year before being rewritten and expanded in 2004 after it became apparent that a significant number of British Muslims, radicalised by the invasion of Iraq, were planning attacks against the UK. The policy was amended again in July 2006 during an investigation of a suspected plot to bring down airliners over the Atlantic. Entitled "Agency policy on liaison with overseas security and intelligence services in relation to detainees who may be subject to mistreatment", it was given to intelligence officers handing over questions to be put to detainees. Separate policy documents were issued for related matters, including intelligence officers conducting face-to-face interrogations. The document set out the international and domestic law on torture, and explained that MI5 and MI6 do not "participate in, encourage or condone" either torture or inhuman or degrading treatment. Intelligence officers were instructed not to carry out any action "which it is known" would result in torture. However, they could proceed when they foresaw "a real possibility their actions will result in an individual's mistreatment" as long as they first sought assurances from the overseas agency. Even when such assurances were judged to be worthless, officers could be given permission to proceed despite the real possibility that they would committing a crime and that a prisoner or prisoners would be tortured. "When, not withstanding any caveats or prior assurances, there is still considered to be a real possibility of mistreatment and therefore there is considered to be a risk that the agencies' actions could be judged to be unlawful, the actions may not be taken without authority at a senior level. In some cases, ministers may need to be consulted," the document said. In deciding whether to give permission, senior MI5 and MI6 management "will balance the risk of mistreatment and the risk that the officer's actions could be judged to be unlawful against the need for the proposed action". At this point, "the operational imperative for the proposed action, such as if the action involves passing or obtaining life-saving intelligence" would be weighed against "the level of mistreatment anticipated and how likely those consequences are". Ministers may be consulted over "particularly difficult cases", with the process of consulting being "designed to ensure that appropriate visibility and consideration of the risk of unlawful actions takes place". All such operations must remain completely secret or they could put UK interests and British lives at risk. Disclosure of the contents of the document appears to help explain the high degree of sensitivity shown by ministers and former ministers after the Guardian became aware of its existence two years ago. Tony Blair evaded a series of questions over the role he played in authorising changes to the instructions in 2004, while the former home secretary David Blunkett maintained it was potentially libellous even to ask him questions about the matter. As foreign secretary, David Miliband told MPs the secret policy could never be made public as "nothing we publish must give succour to our enemies". Blair, Blunkett and the former foreign secretary Jack Straw also declined to say whether or not they were aware that the instructions had led to a number of people being tortured. The head of MI5, Jonathan Evans, said that, in the post 9/11 world, his officers would be derelict in their duty if they did not work with intelligence agencies in countries with poor human rights records, while his opposite number at MI6, Sir John Sawers, spoke of the "real, constant, operational dilemmas" involved in such relationships. Others, however, are questioning whether – in the words of Ken Macdonald, a former director of public prosecutions, "Tony Blair's government was guilty of developing something close to a criminal policy". The Intelligence and Security Committee, the group of parliamentarians appointed by the prime minister to assist with the oversight of the UK's intelligence agencies, is known to have examined the document while sitting in secret, but it is unclear what – if any – suggestions or complaints it made. Paul Murphy, the Labour MP and former minister who chaired the committee in 2006, declined to answer questions about the matter. A number of men, mostly British Muslims, have complained that they were questioned by MI5 and MI6 officers after being tortured by overseas intelligence officials in Pakistan, Bangladesh, Afghanistan and Guantánamo Bay. Some are known to have been detained at the suggestion of British intelligence officers. Others say they were tortured in places such as Egypt, Dubai, Morocco and Syria, while being interrogated on the basis of information that could only have been supplied by the UK. A number were subsequently convicted of serious terrorism offences or subjected to control orders. Others returned to the UK and, after treatment, resumed their lives. One is a businessman in Yorkshire, another a software designer living in Berkshire, and a third is a doctor practising on the south coast of England. Some have brought civil proceedings against the British government, and a number have received compensation in out-of-court settlements, but others remain too scared to take legal action. Scotland Yard has examined the possibility that one officer from MI5 and a second from MI6 committed criminal offences while extracting information from detainees overseas, and detectives are now conducting what is described as a "wider investigation into other potential criminal conduct". A new set of instructions was drafted after last year's election, published on the orders of David Cameron, on the grounds that the coalition was "determined to resolve the problems of the past" and wished to give "greater clarity about what is and what is not acceptable in the future". Human rights groups pointed to what they said were serious loopholes that could permit MI5 and MI6 officers to remain involved in the torture of prisoners overseas. Last week, the high court heard a challenge to the legality of the new instructions, brought by the Equality and Human Rights Commission. Judgment is expected later in the year.