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Counsel to the Inquiry's Opening Statement

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Counsel to the Inquiry's Opening Statement UNDERCOVER POLICING INQUIRY ___________________________________________________________________ COUNSEL TO THE INQUIRY’S OPENING STATEMENT Contents Part 1 – Overview Part 2 – Tranche 1 Phase 1 Appendix 1 – Groups reported on by the SDS as set out in the Annual Reports 1969 to 1974s Appendix 2 – Phase 1 undercover officers and Phase 1 managers PART 1 – OVERVIEW Introduction 1. This Inquiry has been set up as a result of profound and wide-ranging concerns arising from the activities of two undercover police units. First, the Special Demonstration Squad (“the SDS”) which existed between 1968 and 2008. Second, the undercover element of the National Public Order Intelligence Unit (“the NPOIU”) which existed between 1999 and 2010. Our terms of reference are wide enough to encompass all undercover policing by English and Welsh police forces in England and Wales since 1968 but we shall be concentrating primarily upon the activities of these two units. 2. It has emerged that, for decades, undercover police officers infiltrated a significant number of political and other activist groups in deployments which typically lasted for years. The information reported by these undercover police officers was extensive. It covered the activities of the groups in question and their members. It also extended to the groups and individuals with whom they came into contact, including elected representatives. Reporting covered not only the political or campaigning activities of those concerned but other aspects of their personal lives. Groups mainly on the far left but also the far right of the political spectrum were infiltrated as well as groups campaigning for social, environmental or other change. For example, these included groups that were campaigning for racial or sexual equality as well as those campaigning for nuclear disarmament. 3. Information about family justice campaigns and those participating in them was reported. Mark Ellison QC, who led the Stephen Lawrence Independent 1/189 UNDERCOVER POLICING INQUIRY Review, found that: there was SDS “deployment into activist groups that sought to influence the Stephen Lawrence family campaign”; that information reported back to the SDS, as a result of that deployment, included personal details about Dr and Baroness Lawrence1; and there was: “an MPS spy in the Lawrence family camp”2. 4. The SDS reported on Duwayne Brooks, the victim and vulnerable witness who survived the murderous racist attack which claimed Stephen Lawrence’s life. Mr Ellison found that the reporting on Mr Brooks included information about the divisions that had occurred between Mr Brooks and the Lawrence family, the way in which Mr Brooks was going to approach his defence to serious criminal charges, and his expectations and intentions in a civil action against the MPS: lines of reporting which Mr Ellison concluded should have been terminated3. 5. The reporting of undercover officers refers to trade unions and to the trade union activities of some trade union members. There are concerns about why such information was recorded and what it was used for; in particular, whether it was passed to those who blacklisted workers. 6. We will be receiving evidence that a number of the undercover officers who served with the SDS and NPOIU engaged in sexual activity in their cover identities. Several formed long term sexual relationships. In some cases, the officer did eventually reveal their real identity. In other cases they did not do so. At least one fathered a child with a woman who did not know that her partner was an undercover police officer. In many cases the deception has had devastating consequences. 7. Failures properly to inform the court or the defence about the involvement of undercover police officers are already known to have caused miscarriages of justice. Further miscarriages of justice are feared to have occurred. 8. There are allegations that undercover officers participated in the commission of serious criminal offences, including participating in the 1987 fire-bombing of Debenhams by the Animal Liberation Front. 1 Stephen Lawrence Independent Review, at section 4.1. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/287030/ stephen_lawrence_review_summary.pdf 2 Stephen Lawrence Independent Review, Volume 1, at p.264 3 Ibid. Section 5.2 at pp.36-37 2/189 UNDERCOVER POLICING INQUIRY 9. For a substantial part of its existence, SDS undercover officers based their assumed identities, to at least some extent, on the particulars of a deceased person, usually a deceased child. We will be receiving evidence that this practice spilled over, to a limited extent, into the NPOIU. 10. There is evidence that some former undercover officers used their skills and contacts to work in the private sector, including in at least one case continuing to operate under the same assumed identity as he had in the NPOIU. 11. The impact of conducting long term undercover operations of the sort conducted by the SDS and the NPOIU on the mental health of some undercover officers appears to have been considerable. In some cases, particularly those in which the undercover officer has been involved in a long term deceitful sexual relationship, the officer’s family has also suffered. 12. The events, and findings, that I have just outlined give rise to many questions. To identify but a few: what exactly happened? How did these events come to pass? How widespread were they? Who knew about them? To what extent were they authorised, encouraged or accepted and by whom? Which groups were infiltrated? Why? How were targets selected? Was targeting influenced by racism or sexism? Was infiltration of the groups concerned justified? In which cases? If it was, was the extent of reporting and the duration of the deployments justified? In what circumstances, if any, might the use of the undercover tactic to infiltrate political and activist groups be justified? If so, subject to what boundaries, management and oversight? 13. The Inquiry will be seeking out the truth, publicly wherever that is possible, so that the full facts become known and appropriate recommendations can be made for the future conduct of undercover policing. We will be using documents, witness statements and oral evidence, tested where necessary, to establish what happened and why. The Road to a Public Inquiry 14. This is not a public inquiry set up immediately upon the first revelations about the activities of the SDS or the NPOIU’s undercover arm. It follows a series of revelations, consequent investigations and some civil litigation. The fact that Special Branch deployed undercover police officers to spy on the Vietnam Solidarity Campaign, prior to the massive anti-Vietnam War demonstration that took place in London on 27 October 1968, was published in the press at the 3/189 UNDERCOVER POLICING INQUIRY time. In 2002 the BBC broadcast a short series of documentaries entitled “True Spies” which contained, amongst other things, interviews with former members of the SDS. However, it was not until 2010 that public concern began to grow. I shall not attempt a comprehensive account of the work of activists, a whistle- blower, investigative journalists, the courts, or the various formal investigations which preceded the setting up of this Inquiry; however, I will recite some of the salient events which led to the then Home Secretary, the Rt. Hon. Theresa May, announcing on 12 March 2015 that there would be a statutory public inquiry chaired by Sir Christopher Pitchford. The written version of my opening statement will be posted on the Inquiry’s website. It contains hyperlinks to all of the reports that I am just about to refer to, as well as footnotes identifying the many other documents that I will cite today. Chronology of the Salient Events Leading to the Setting Up of the Undercover Policing Inquiry 2010-2015 Date Event 14 Mar The Observer published an article regarding the role of Officer A (now 2010 known to be Peter Francis) within the Special Demonstration Squad (“SDS”). https://www.theguardian.com/uk/2010/mar/14/undercover-police-far- left-secret 21 Oct The Indymedia website identified Mark Kennedy as an undercover 2010 police officer, based on his confession to activists. https://www.indymedia.org.uk/en/2010/10/466477.html 9 Jan The Guardian published its first article about former undercover police 2011 officer Mark Kennedy, in connection with the CPS’ decision not to proceed with prosecutions against activists in connection with protests against the Ratcliffe-on-Soar power station. 4/189 UNDERCOVER POLICING INQUIRY https://www.theguardian.com/uk/2011/jan/09/undercover-office-green- activists 11 Jan Her Majesty’s Inspectorate of Constabulary (“HMIC”) announced that it 2011 will conduct a review of the National Public Order Intelligence Unit (“NPOIU”) with which Mark Kennedy had served. The review was to cover operational accountability, authorisation and proportionality. https://www.justiceinspectorates.gov.uk/hmicfrs/news/releases/release- 002-2011/ https://www.justiceinspectorates.gov.uk/hmicfrs/news/releases/release- 006-2011/ https://www.justiceinspectorates.gov.uk/hmicfrs/publications/npoiu- review-terms-of-reference/ 13 Jan The Guardian published an article which, amongst other things, raises 2011 the question of links between Mark Kennedy and commercial investigator Global Open. https://www.theguardian.com/uk/2011/jan/12/second-undercover- police-officer 19 Jan The Guardian published articles about Jim Boyling, “Lynn Watson” and 2011 “Mark Jacobs”. https://www.theguardian.com/uk/2011/jan/19/undercover-policeman- married-activist-spy https://www.theguardian.com/uk/2011/jan/19/undercover-police-officer- lynn-watson https://www.theguardian.com/uk/2011/jan/19/undercover-police-officer- mark-jacobs 22 Jan The Guardian published an article in which a former SDS officer (now 2011 known to be Peter Francis) asserts that promiscuity was used as a tactic by undercover officers in activist groups and that sexual relationships were sanctioned for both male and female officers.
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