limo STATE RESEARCH / 9 POLAND STREET /LONDON w1 /01-734 5831 <7.‘ ---\-mun!

State Research The Review of Security and the State An independent group of investigators Volume 1, for l978,.with an introduction collecting and publishing information from by E.P. Thompson, was published in public sources on developments in state November 1978 by Julian Friedmann policy, particularly in the fields of the law, Books (hardback, price £12). Volume 2 will policing, internal security, espionage and be published in autumn 1979. This will the military. It also examines the links contain our year’s work in hardback form, between the agencies in these fields and i.e. issues 8-13 of State Research Bulletin business, the Right and paramilitary (October 1978-September 1979), an organisations. introductory overview of the year and an index. Hardback (jacketed) £12.00. It can State Research Bulletin be ordered in advance for £10, direct from Julian Friedmann Books, 4, Perrins Lane, Published bi-monthly in February, April, I-Iampstead, London NW3. June, August, October and December. Contributions to the Bulletin are : EFEA FOR HE »E- -n-Qipui-1g T ~ welcomed; they should be sent to the above coNTENTs .____THE<“.B°.. .T.“.‘-AL? A D. . _T.7 -T. . ._STf‘5T . §'."‘l‘.E_N.ALlST.§. address. Relevant cuttings from local news- OPPOSE POLICE PRESS CARDS - GUIDELINES ON JURY VETTING papers are also very welcome. News and developments 25 Britain’s new extradition pact with order-in-council (No 1403, the Federal Subscriptions W.Germany Republic of Germany (Extradition) The guidelines on jury vetting Subscribers receive: the bi-monthly Bulletin (Amendment) order 1978) amends the 1872 Labour Party to probe security services and an annual index. Treaty, (as amended by the 1960 Journalists oppose police press cards _ —-ii Agreement) extending extradition in two Government plans for Official Secrets Act Rates: Britain and Europe: £3.00 pa ways. First, a ‘catch-all’ clause has been Defence: A secret review of the way ahead BRITAIN’S NEW EXTRADITION individuals, £6.00 institutions/organisa- added to the previous list of 27 extraditable The Special Branch in West Yorkshire PACT WITH W. GERMANY offences, which allows anything which is a tions (payment only in sterling). Elsewhere .__Jn 1 E S . *__ V_1__ _ _- _'-- ‘iv - -L ‘ — 1 17 7' D 1 I 1 1 (by Air Mail): US$8.00 pa individuals, Reviews 32 crime (of a certain seriousness) in both US$16.00 pa institutions/organisations. The Contemptuous Constable An order in council made by the countries to be treated as an extraditable Bulk rates on application. How Colonel Eveleigh would keep the Government and which came into force on offence, even if it is not listed in the Agree- peace October 3, changed an agreement on extra- ment. Second, the prohibition on the Please make all cheques/postal orders The politics of the Police Manual dition between Britain and West Germany extradition of British nationals, which was payable to Independent Research The Shackleton Report on the PTA so that Britain can now legally extradite its in the 1960 Agreement, has been removed. Publications. own nationals to West Germany, while The latter clause (Clause 3) is the crucial Background Paper 38 West Germany, under its own constitution, one. It amends Article IV of the 1960 Sample copies: 50p/US$1.00 (inc p&p). The ABC trials: a defeat for the State cannot legally extradite its nationals to Agreement, which laid down that no British Britain. The order in council changing the citizen should be ‘delivered up’ to West Back Issues Typeset by Red Lion Setters, 27 Red Lion agreement had been ‘laid’ before Germany, and substitutes the wording: Back issues are available to subscribers Street, London WCID 4PS. Parliament, in order for objections to be ‘The Government of the United Kingdom only. Bulletins 1-7 (Oct 77-Sept 78), and the Printed by Russell Press, Gamble Street, raised, for just one day, while Parliament of Great Britain and Northern Ireland shall index for 1977-78, cost 50p each (inc p&p) Nottingham. was not sitting, before becoming law. not be obliged to extradite a citizen of the to individuals, £1 each (inc p&p) to Trade distribution PDC, 27 Clerkcnwell The main law governing extradition from United Kingdom and Colonies, and the institutions/organisations. US rates: $1.00 Close, London ECI. Britain is the 1870 Extradition Act, which Government of the Federal Republic of (inc p&p) individuals, $2.00 (inc p&p) Published by Independent Research was amended by a 1935 Act. Under the Germany shall not be obliged to extradite a institutions/organisations. All Publications, 9 Poland Street, London powers given in these acts, two agreements German national’ (our emphasis). This cheques/postal orders payable to W1. (1872 and 1960) have governed the terms gives both parties the option to extradite Independent Research Publications. ISSN 0141-1667 for extradition of people from Britain to their own nationals. In Britain, the decision West Germany, and vice versa. The new will rest with the Home Secretary, as the Page 48/State Research Bulletin (vol 2) No 9/December 1978-January 1979 December 1978-January 1979/Page 25 Home Office has responsibility for the This order-in-council was made by a prospective jurors on a counsel-to-counsel application of the law in this country. statutory instrument under the 1870 THE GUIDELINES ON basis with the defence. Extradition Act. There are two kinds of JURY VETTING Mr Silkin also emphasises that, under There is not, and never has been, a , 1 _ _ i J7 in 1 1 1 1 r t _ 7 general prohibition in British law on orders-in-council: one, known as Statutory 1i_ . . _ I .1 I _ L1 i i 1 I 1-T Section 5.2 of the Juries Act, ‘It is open to extraditing British citizens to other Instruments, are issued as a result of the defence to seek information’ in the countries, although some extradition powers given to ministers under The discussion in the press and the concern same way, and that ‘the principle of agreements into which Britain has entered parliamentary legislation; the other is when by civil libertarians about vetting of Central equality of information to prosecution and have explicitly excluded this option. a minister exercises, on behalf of the Criminal Court jurors after the revelation defence is to be regarded as of great Among these are the current agreements monarch, a prerogative power to make that the jury in the ABC Official Secrets importance.’ with Denmark and Greece and, until orders-in-council. Although both kinds Trial was vetted ‘for loyalty’ (see State The statement summarises the use of October 2, the agreement with West have to be ‘laid’ before parliament, they Research Bulletin No 8) has prompted the police records in the 25 cases since 1975 Germany.’ However,.there are agreements automatically become law unless there are Attorney-General to publish the guidelines where jury-vetting has been carried out. In with many countries ranging from Austria, objections from MPs. However such is the for these checks (The Times, 11.10.78). The 14 cases, (12 IRA, 2 Official Secret) CRO France, Belgium, Finland and USA to plethora of parliamentary papers that guidelines were drawn up by the and Special Branch records were consulted. Czechoslovakia which allow for the orders-in-council usually become law quite Attorney-General (Sam Silkin), the Home In ll cases (murder, armed robbery and extradition of British citizens, and current unnoticed. In this case the order-in-council Secretary (Merlyn Rees) and the Director of international fraud), CRO records only British policy is to bring other agreements was only laid before Parliament the day Public Prosecutions, after the Provisional were used. in line with these, and remove obstacles to before it was scheduled to come into force, IRA bombing campaign in 1974. They state The four-year-old guidelines were extradition. and as Parliament was not sitting that day, that, under the 1974 Juries Act, members published in full during the second ABC The West German position is, however, the realistic possibility of MPs having time of the jury should be randomly selected trial because of hostile reactions to the completely different. The extradition of to object before it became law, was reduced unless the Act disqualifies them. revelations of the vetting of the first trial German citizens is explicitly ruled out by to virtually zero. However, there are exceptions, where the jury. Early in the second trial, Mr Justice the terms of their Constitution, which A further question arises in, ,relationj to safeguards of the 1974 Act are not Mars Jones gave instructions to pressmen requires a two-thirds majority in both the timing and the speed with which ,t11e' considered sufficient. There is no precise that no reference to the vetting of the jury

Houses of the West German parliament to order-in-council was made._ - Discussions?.- r--_ ._ on definition of such exceptions, but they should be published. Thus, ironically, be changed. There appear to be no moves this subject had‘ bee‘n’goin_g*on between the include cases where ‘strong political Silkin’s publication of the guidelines was in to have this clause changed. West-German governme_nt,, the Foreign" motives’ are involved (the IRA, other breach of this instruction and was regarded Among the principles governing British Office (which is ifalwayis involved in1"de-alings ‘terrorists’ and cases under the Official as contempt of court by the judge. extradition agreements are that 1) all with foreign governments), and the Home Secrets Act are specified). Only extreme It is obvious from the statistics given by agreements between foreign countries must Office (which has responsibility for political connections (again, unspecified) Silkin that jury-vetting is a political be consistent with the laws of each country extradition) during June and July. Then, or, in Official Secrets cases, the suspicion weapon. The publication of these and 2) all agreements should be reciprocal on Monday September 25, the text of the that in camera evidence might not be guidelines cannot allay fears that police, ie. apply equally to both parties. These new agreement was sent by the German secure, can be a reason for disqualification. prosecution and judges are playing an principles are not enshrined in law. They Ambassador to the Foreign Office; the Consequently, Mr Silkin considers ‘limited increasingly important part in restricting are the general policy aims of the Home Foreign Office reply was sent on investigation of the panel’ to be necessary the sovereignty of juries and therefore in and Foreign Offices for extradition Wednesday 27; the Order was made on on occasions. These checks, which can be influencing the outcome of certain agreements, and certain previous Friday 29, laid before Parliament on made only on the authority of the DPP or politically sensitive trials. agreements have fallen short of the Monday October 2 and came into force on her/his deputy, and must be notified to the principles. Tuesday October 3. September 25 was ten Home Secretary, may involve recourse to In the case of this order it is clear that, days after Astrid Proll was arrested in Criminal Records, Special Branch or CID LABOUR PARTY TO PROBE while the negative formulation ‘shall not be Britain pending an application for files. No enquiries other than to the police SECURITY SERVICES _ L *__74|i__ i ll _ l I 1 I l obliged’ (‘nicht verpflichtet’) formally extradition by West Germany to face may be made, and ‘there is no question of _ 1 l 1' | 1; $131 _ iii pt — -_ 1 1 1 1 satisfies these two principles, it contradicts charges in connect-ion with her earlier telephone intercepts’ , surveillance or the spirit: in practice Britain can now membership of the Red Army Fraction. investigation into personal background Prompted by an initiative from Energy legally extradite its own nationals to West The extradition hearing was originally set ‘other than to establish identity’. There is no Secretary Tony Benn, the Home Policy Germany, while West Germany, by its own for October 16. Importantly, Astrid Proll, duty to explain why a potential juror has Committee of the Labour Party’s National constitution, cannot legally extradite its although not at the present a British citizen, been rejected. The guidelines recognise that Executive has set up a study group to own nationals to Britain. This inequality is is entitled to citizenship under the 1947 it is usually the prosecution which initiates inquire into the workings of Britain’s only partially offset by the fact that West Nationality Act, as she married a Briton in such investigations, but state that security services. The object of this Germany has far wider powers to try its January 1975 . It seems likely therefore that prosecuting counsel has a duty to exercise important initiative — the first major own citizens for crimes committed abroad the timing of the order-in-council is linked this right when s/he fears bias against the response to the issue in modern times from than Britain has. to the Proll case. defence, and may share information about Labour’s leadership — is to enable pledges

Page 26/Stale Reseamh Bllllfitin (V01 2) N0 9/D@¢@mb@f 1973-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 27- for reform to be incorporated in the Party’s guidelines issued to them concerning Metropolitan Police policy. When the their benefit. But journalists trying to General Election Manifesto. objectives and methods, the numbers of Police press cards, which have a two-year operate without the Met card, and Mr Benn’s initiative consisted of a dossiers relating to political activities, an validity, were issued on two previous particularly photographers working for the five-page paper, entitled ‘Civil Liberties account of the reasons for collection and occasions, the police encountered only left and trade union press, have been and the Security Services’. In it he notes use made of such dossiers, an annual report token opposition. In January, they face a subjected to increasing harassment, and growing concern among MPs, trade on mail and telephone interceptions and tougher struggle. there have been at least two arrests of unionists and from the National Union of full details of reciprocal arrangements Dissatisfaction has been rising among photographers caught between police and Journalists and the National Council for between British and foreign security members, particularly photographers, who demonstrators, who were accused of Civil Liberties. Uppermost in his mind are services. ~ do not hold the Met card — actually issued obstruction despite producing NUJ cards. clearly the Parliamentary Debates on the At the Parliamentary level, Mr Benn jointly by the Metropolitan and the City of Others, for example the authorities at the Special Branch, set up by Robin Cook MP, wants the study group to look at the London forces. As a result, the union is Old Bailey, and the National Front, have and the TUC resolution on the same possibility of setting up a special House of gearing itself to stop its members accepting made possession of the Met card a subject, moved by the Tobacco Workers Commons Select Committee, meeting in or using the cards. Their usefulness to the condition of admissision to trials and Union and passed overwhelmingly at secret if necessary and composed of Privy police depends largely on whether meetings respectively. September’s Conference. These debates, councillors, ‘empowered to question both journalists on the national dailies use them, The use of the card enables police to says Mr Benn, raise ‘questions which the responsible Ministers and Security as they regularly do at present. This time, distinguish between two sorts of journalist. cannot be answered because of the secrecy Officers on the whole range of their policy the secretary of the Union’s Central On the one hand, there are those journalists which surrounds such matters’. and activities’. Citizens would be entitled to London Branch, which covers Fleet Street, working for the bourgeois press, who, Because they operate in secret, there is a appeal to the new Select Committee has pledged that disciplinary action will be whatever their own attitude to the police, or danger that the security services ‘may drift concerning material in their own records taken against those journalists who use their critical reporting of a particular into practices which could actually and would have American-style rights to Metropolitan Police press passes. operation or example of police action, are undermine, or endanger, the freedom they control information about themselves held Police press cards were issued first in part of newspapers which in general can be are supposed to defend’. by Government. He suggests the 1972. They were to be used and applied for expected to take a ‘balanced’, that is, According to Mr Benn, the public introduction of a ‘Security Services Annual on a voluntary basis and it was understood favourable, attitude to the police. On the interest in security matters is of two kinds: Act’ — similar to legislation governing the that no applications would be refused. The other hand, journalists working for the military — to bring the security services then Commissioner, Sir Robert Mark, radical press, and their papers, cannot be ‘First, citizens are concerned to be under direct parliamentary control. intended them as a news-management tool relied on. safeguarded from external and internal Labour’s Home Policy Committee for the police. In a circular to police Despite the experience of an increasing dangers to their freedom. We depend on approved Mr Benn’s proposals on 6 divisions in 1973, Sir Robert insisted: ‘It is dichotomy of treatment between the two the security services to protect us, and November. The study group — which has crucial that future holders of the (police) sorts of journalist, Scotland Yard they need to rely on public support. been asked to produce an interim report press card should find it of real value in maintains that there is no such systematic Second, citizens, must be concerned at setting out proposals for the Manifesto - day-to-day dealings with the Metropolitan discrimination, but that the decision on the possibility that extensive surveillance, has yet to be appointed. police, carrying a significance which is which journalists should be given facilities computerized dossiers and secret files readily recognised and accepted by all rests on operational decisions, and is for may be compiled covering a wide range members of the force in normal the senior officer in charge. of people, beliefs and activities that JOURNALISTS OPPOSE circumstances card-holders are to be But a recent communication from POLICE PRESS CARDS provided with such opportunities for access Deputy Assistant Commissioner Peter extend far beyond any possible threat to ,i ___L__$ -I 1 | .|_'_'1 _ I I 1 *I?é1_ our security and which could develop ; m _J__ is-I n 1 L7 I; I I ' I 71 L 1 _-I I | ' as can be made available special facilities Neivens, responsible for public order, to into an apparatus that is not under cannot be accorded to non-holders of the London Freelance Branch of the NUJ , proper democratic control, nor is really Scotland Yard is to proceed with the issuing Metropolitan and City Police Press cards. ’ which has been one of the branches active accountable to the responsible Minister, of its own press cards to selected journalists Since then, the situations in which the I11 pursuing the campaign against police to the Cabinet, to Parliament, or to the as from January lst 1979. Existing cards Police press card has been of use to the press cards, reveals an interesting attitude. community’. expire at the end of 1978. Opposition is police have increased. They are particularly Mr Neidvens drew a sharp distinction mounting from the National Union of useful in the sort of disorders such as those between those ‘involved in news gathering’ His initial proposal is for a study group Journalists, which has long maintained that at the Notting Hill Carnival, or the large and members of the union’s other branches which would report on: dangers to the the card which it issues to its members demonstrations organised by the Anti-Nazi ‘such as Magazine and Book’, who were, he security of the state external and internal; should be the only identification which they League. Holders of the card have been claimed, not so involved. the technology now available and the use require to establish them as bona fide accorded briefings with senior officers Most journalists and photographers made of it in comparable countries; the journalists. This has been the union’s controlling police detachments which have working for the radical press hold cards possibility of publishing annually the position for some time. But numerous clashed with demonstrators or pickets. At issued by the Magazine, Book or London budget and staffing of the security services, meetings with Scotland Yard by various some recent demonstrations, police have Freelance branches of the NUJ , and the the names of those in charge of them, any union officials have failed to alter even set up special mobile press offices for clear discrimination between them and Page 28/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) N0 9/December l978_January 1979/Page 29 X’ I

| - - The survey is being conducted by the police I and 6 aid criminal elements’. those on the national dailies IS precisely conditions’. This has been generally most powerful figures in the British However, from the figures given by the what the police intend to continue. interpreted as implying that there will be no military establishment, the Chiefs of Staff, Home Secretary in the Commons in May it One objection which the police have Bill in the current Parliament to implement and their powerful supporting committee is possible to estimate how many officers the proposals in the recent White Paper. found to the NUJ card is that it is not headed by the Chief of the General Staff, there are. There are 850 officers engaged on Other subjects mentioned in the Queen’s secure, as the photograph is optional and the principal military adviser to the Special Branch activity in England and Speech, in which the Government sets out can easily be replaced, enabling the card to government. Wales, excluding Scotland Yard, and by its legislative intentions for the forthcoming be used by a non-journalist; and that it is These men are all serving military distributing this total number according to session, include a new criminal justice and easily imitated or forged. Several firms officers, the three Chiefs of Staff being the the total size of each local police force it is criminal law Bill for Scotland, new legal aid offer ‘Press Cards’ for sale which are individual heads of the three armed possible to estimate that the number in legislation, the implementation of the similar to the NUJ cards, and the British services, the Army, Royal Navy and the West Yorkshire is at least 45 fulltime Annan Committee’s proposals on Army in Ulster was found two years ago to Royal Air Force. Special Branch officers (see Bulletin N02 broadcasting, an increase in the number of be using forged NUJ cards for Individually they represent the interests and N06). MPs from Northern Ireland from 12 to 17, plain-clothes soldiers. Until now, the NUJ of their particular service in dealings with It is instructive to draw a parallel with the and campaigns against vandalism and in has resisted suggestions that its cards the other services, the Ministry of Defence, South Australian Special Branch (which support of ‘strengthening the Police should be changed; at present it doubles as the government and the outside world. was formed on the British model) where Service’. (Hansard, 1 November, 1978). identity card and subscription record. Collectively, the Chiefs of Staff Committee four Special Branch officers maintained However, the Union is now likely to be is, in theory, ‘responsible to the information on the political and industrial pressured to change the card, so that it is government for professional advice on activities of 40,000 people out of a total more secure, and easier to use. It may be DEFENCE: A SECRET REVIEW strategy and military operations and on the population of 1.25 million people. How changed to the sort of format which the OF THE WAY AHEAD military implications of defence policy’ lI _ many files, it might be asked, are being held I I 1 ii I . Police use, with the holder’s photograph (Central Organisation for Defence, Cmnd by a 45-strong Special Branch in a region laminated with the card in a sealed 2097, para 23). In practice the Committee with a total population of 2 million people? The Ministry of Defence announced at the transparent cover. and its entourage are the single most end of October that a major survey of The reply to the second question, ,5 The police also argue that if they were to important» influence on British defence Britain’s defence capability has been taking concerning how many files were being held, recognise the NUJ card, then other cards - policy. Because of state secrecy, the was equally evasive: ‘It is not known how place since earlier this year. This survey is those of the right-wing Institute Of Committee controls not only the three many files are held for people in West Journalists, foreign press cards -—- would called the ‘Way Ahead’ study, and is looking at the various directions in which services, but also the outward flow of Yorkshire and it would take a also have to be recognized. information about them. disproportionate amount of time to A recent two-page article in the NUJ the armed forces can develop over the next 20-30 years ‘in the light of trends in the examine each file to find out’. The open paper ‘The Journalist’ put the Union’s admission that files were being held case: ‘Police information must be freely military technological, economic and ~ geo-political environment.’ A THE SPECIAL BRANCH IN and were so extensive as to require a lot of available to all members’. The NUJ is work to find out exactly how many, is in This is the second important survey WEST YORKSHIRE

opposed to the selection by the police of ' -I 1-I—IIInn1-u-—|-1¢—_|u--u itself revealing. As to whether, in answer to favourable journalists in order to achieve a carried out in the last four years, the first being the 1974 Defence Review conducted the third question, people on whom favourable view of police action. In June, Ken Patterson, a Councillor on the under the Labour Government to information is held could correct their files The attitude against the NUJ card was West Yorkshire County Council, put a the reply came that it would be ‘quite neatly summed up in 1973 by Mr Leslie streamline the armed forces and make them more efficient in a time of economic crisis number of questions to the Chairman of improper to reveal the contents to persons Boyd, the Old Bailey Court Administrator: the Council’s Police Committee on the (see Bulletin No 8, and 1975 Statement on who are subject of it’. The reasons given ‘It is issued by someone over whom the local Special Branch. The four main were that the Special Branch did not hold authorities have no control’. Precisely. the Defence Estimates, Cmnd 5976). The 1974 Review, however, only covered the questions he asked were: how many officers information on ‘persons with particular period up to 1983/4, while the current were there in the Special Branch in West political beliefs’ except in relation to the survey is looking as far ahead as the first Yorkshire; how many files were kept on Chief Constable’s responsibility to GOVERNMENT PLANS FOR decade of the next century. But people living in the region; is the ‘maintain law and order’ and ‘the security THE OFFICIAL SECRETS ACT information on the study is extremely information held in the files available for of the state’. , I-1 1 I Ii l I I—l 1 I , I J. . correction by those on whom it is kept; and These are precisely the reasons always 1|-| -—-__ l I II-I_ l I I II”__| IIIIIII min. IIIII |_ 1 limited as the Ministry of Defence has stated that ‘The content of the work is and to whom was the information held given to justify the holding of files on The Queen’s Speech, on 1 November, has always been classified’, thus ruling out communicated? people’s political activities. Mr Rees has included the statement, ‘It remains My informed public discussion on a review The Chairman of the Police Committee specified those who are subjected to Special Government’s intention to replace section 2 which will determine the whole orientation refused to answer the first question as to Branch surveillance. In March he said: ‘The of the Official Secrets Act 1911 with a and direction of the British armed forces the number of Special Branch officers as Special Branch collects information on measure better suited to present-day over the next decades. this would ‘impair the efficiency of the those who I think cause problems for the

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_— 7 state’ (Hansard, 2.3.78). And in April he industrial activists in each region is collated stated that the surveillance of ‘ subversives’ , at national level. to introduce a statutory right for pickets to had committed the worst of all crimes, which is one of the main jobs of the Special Cllr Patterson said that he was not stop vehicles, he threatened the Home worse even than murder, the attempt to Branch, was investigation of those whose satisfied with these answers and intended to Office that ‘if there was any danger of this achieve an industrial or political objective activities ‘threaten the safety. and well-being pursue them further. He also expressed the proposal reaching the statute book I would by criminal violence’ (p 152); or of of the state and are intended to overthrow hope that councillors in other areas would declare in The Times that this was an Liberation, ‘not a whit less odious than the democracy by political, industrial or violent ask similar questions . unjustifiable infringement of individual National Front’ (p 167); or in his lumping means’ (Hansard, 6.4.78). This was given added weight in a reply liberty’ (p 152). together of bombers, corrupt police and The information held by the West from Rees to Newcastle MP Harry Cowans As Robert Kilroy-Silk MP pointed out in political demonstrators (p 143). Contrast Yorkshire local Special Branch is who had written asking for a breakdown of a Sunday Times review, Mark even shows these with his approval of Ross McWhirter, communicated to: the Chief Constable; the the Special Branch, force by force. Rees contempt for the law. ‘We would not let ‘a notable upholder of freedom for the Home Secretary (in respect of aliens and replied that he had no wish to see the any legal niceties prevent us from dealing individual’ (p 177); or of Grunwick’s boss immigrants), the Metropolitan Police Special Branch hidden in ‘any undesirable with terrorism’ (our emphasis, p 173). In George Ward who ‘courageously and Special Branch because of their overall secrecy’, which was why, as the police January 1974 he unilaterally arranged for successfully stood firm against politically responsibility in connectiontwith Irish authority for London he had given the troops to be moved into Heathrow airport motivated violence’ (p 299). affairs, and to ‘the Security Services’. The figure (409: see Bulletin No 6) for the in the first joint civil-military exercise of its communication of information to the Metropolitan Police Special Branch (letter kind. Ministerial consent was only sought A down on lawyers Security Services, the main one of which is dated August 31, 1978). As to forces after the event (p 165). This attitude is not MI5, the large undercover agency, confirms outside London it was up to each Chief confined to specific circumstances; on Mark has always had a down on lawyers that information gathered on political and Constable concerned, Rees added. police powers in general he writes: ‘I am and has used public hostility to them to one of those who believe that if the criminal serve his other ends. In this book he repeats law and the procedures relating to it were the sweeping allegations of corruption and Mark’s autobiography is full of applied strictly according to the book, as a malpractice which he made in his famous contempt, for individuals, for means of protecting society it would 1973 Dimbleby Lecture. And he constantly \\i\I\i.W5 organisations and for institutions. But collapse in a few days’ (p 51). snipes at the ‘legal trade unions’ who had these attitudes are not mere egocentric the temerity to oppose his views. Less arrogance; they represent a right-wing . Civil liberties groups expected, but more significant, is his ill- concealed contempt for the police THE CONTEMPTUOUS political perspective. Mark’s contempt for Parliament is Predictably, Mark has contempt for civil themselves, an ‘artisan service’ (p 162) of CONSTABLE illustrated in his discussion of the 1976 liberties groups, notably the National ‘limited intellectual capacity’ (p 240). Police Act, which introduced a limited Council for Civil Liberties, ‘a small, self- Throughout the book there are derogatory IN THE OFFICE OF CONSTABLE by independent scrutiny of complaints against appointed political pressure-group with a references to the views and tactics of the Robert Mark, Collins, £5.95. the police. This was the first time that part misleading title usually trying to usurp Police Federation. x 5 the function of the democratically Robert Mark was born in Manchester in of internal discipline was taken out of The book tells us more about the man 1917. He joined the police in 1937 after police hands and even this limited appointed agencies for the achievement of and police thinking than it does about working as a carpet salesman and rose accountability precipitated Mark’s political change’ (p 133). Even ex-Home police operations and practice. But there rapidly through the ranks to become Chief resignation as Metropolitan Commissioner. Secretary Reginald Maudling has are useful comments on public order Constable of Leicester in 1957 . Ten years He writes: ‘If every member of the House upbraided Mark for such hostility: ‘He technology (p 103) and surveillance later he was appointed Assistant was compelled to sit an examination paper gives less than adequate credit to the techniques (p 189) and extended defences of Commissioner, Metropolitan Police; in consisting of ten simple questions about the motives of those whom he regards as his Mark’s policy towards the press, police 1968 he became Deputy Commissioner and working of the police disciplinary system opponents’ (Evening Standard, 9 October corruption and discipline, public order and from 1972-77 was Commissioner.* He was and the pass mark was set as low as 20 per 1978). Special Branch work. In the concluding the first Commissioner not to have worked cent not 5 per cent of them would be likely Politicians fare no better. He is chapter, Mark comments: ‘Doctrinaire his way up through the Met and his to pass. So much for the will of contemptuous of Harold Wilson (p 221) determination, self-interest, obsession with appointment precipitated a major battle for Parliament!’ (pp 152-3) and of the ‘mediocre crew’ that formed power, are all only too evident in those who control of the London force. Mark was an On police pay he states: ‘It did not take Wilson’s Cabinet -(p 231). Socialism is now make the rules today’ (p 299). It is an apt unprecedentedly outspoken policeman, me long to appreciate that the only way to dedicated, in Mark’s view ‘to reducing the summary of this opinionated lawman. using the media to launch views on an ever- win was to go over the heads of the standards of the wealthy, the skilled and widening range of subjects. Since politicians and the Civil Service and appeal the deserving to the lowest common *The Metropolitan Police Commissioner retirement, he has acted as security to public opinion in moderate and denominator’ (p 244). is traditionally the country’s senior consultant to the Kuwaiti and Australian persuasive terms’ (our emphasis, p 139). Perhaps the positive reality of Mark’s policeman. Unlike Chief Constables who governments. When the 1974 Wilson government planned politics shows through in his views of the are appointed by local police committees, Shrewsbury pickets: ‘To some of us (they) the Commissioner is appointed by the - Page 32/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 33 widespread photography of citizens was the Riot Act would have allowed, propose solutions to this problem. He is not Crown on the recommendation of the carried out in the Republican areas of “Disperse in one hour or be shot dead” concerned with political analysis because Home Secretary (Metropolitan Police Act Belfast from 1971 onwards, without would have quickly put an end to all rioting ‘civil disorder’ needs no analysis: his 1829 as amended). The Commissioner has in Northern Ireland.’ It would also be the interest is in how it should be suppressed. specific legal authorization. no set retirement age and can only be death of what remains of democracy there. He sums up the problem thus: why, when The introduction of identity cards is his dismissed by the Crown. The next suggestion. If there is a mass campaign This book demonstrates clearly that the there is ‘a popular desire for peace’; when Commissioner is not a serving policeman; Army is pressing for control in Northern skilled politicians are pouring money into against this, people should be blackmailed his task is to administer the Metropolitan Ireland. Its arguments are so embarrassing the province; when ‘brave, hard-working into complying by making the identity card police force on behalf of the Home that Minister of Defence Mason tried to and fair’ police officers and ‘courageous, obligatory for obtaining such government Secretary, who is the Met’s policy authority prevent publication, even though it was disciplined’ soldiers are doing their best; services as train tickets, drawing and who may direct the Commissioner as approved by the Ministry. Admissions that why, given these ‘near-ideal’ instruments, supplementary benefits and so on. Identity he wishes. the Army is now effectively outside the law has success up to now evaded the cards and Census intelligence would then be and that ‘ultimately these Catholic areas Government? His conclusion has linked by a computer with access to other could only be governed by the British by dangerous implications for democracy government department information HOW COLONEL EVELEIGH (social security, national insurance etc.) methods, however mollified, that all everywhere: there can be no success because occupying nations use to hold down all WOULD KEEP THE PEACE of ‘faults in the constitutional framework’ and to private organizations such as banks. occupying territories’, must be a source of and ‘shortcomings in the laws governing Since ‘significant public good overrides shame to the present Labour government. the operation of the security forces’. private confidentiality’ , Eveleigh PEACEKEEPING IN A DEMOCRATIC Eveleigh predicts that ‘in 70 years or less As early as 1971, Kitson was proposing denounces as ‘Luddites’ Labour MPs who SOCIETY. The Lessons of Northem from now, situations that could the ‘legal fix’: using the law as ‘little more have protested in the Commons against the Ireland, by Robin Eveleigh. C. Hurst & Co. unavoidably drag the Army into the than a propaganda cover for the disposal of use of computers for this. kind of £7.50. maintenance of public order in mainland unwanted members of the public’. Despite intelligence: ‘To prohibit this is like Britain might arise’. This book should the Prevention of Terrorism Act, detention equipping the Security Forces with bows Colonel Robin Eveleigh has long experience force the Government to recognize the without trial and persistent extra-legal and arrows’. of peacekeeping — British Army style. A Obtaining information from and danger to democracy and to human life activity by the Army, Eveleigh is not sixth generation officer, he saw active infiltrating the opposition forces is equally posed by the Army’s continuing presence in service in Borneo and in Cyprus before satisfied. He argues that since the Army is anyway acting as the direct instrument of important. ‘The law must make this Northern Ireland. being appointed Commander of the 3rd possible and easy (by providing) the the Government, why not legalize its Royal Battalion Green Jackets in Belfast in right to interview, plenty of time to position? Why not give it absolute power to 1972 and 1973. He wrote this book as a interrogate and persuade, and the ability to THE POLITICS OF THE Defence Fellow at Oxford University and is suppress riots, arrest and imprison where and when it wishes? Like Kitson, he indemnify defectors’. Again without legal POLICE MANUAL now, the back jacket tells us, director of an l_J I — _-L_I I 1?; I Iii | 1 - pr believes that politicians, however authority, the Army and police have carried 1 I I I I 1-1111 “ - . I ‘international trading and transport out mass arrests to ‘make contact and company’ . well-meaning, fumble at the crucial juncture. They rush inappropriate develop informers’. He recommends PUBLIC ORDER AND THE POLICE, by The period when the Green Jackets under methods to make people talk, from torture Kenneth Sloan, with an introduction by Eveleigh’s command were based at legislation through Parliament, failing to understand what measures would be to bribery and blackmail to ideological Rt Hon William Whitelaw MP. Police Springfield Road police station was also the persuasion, and advocates a modified form Review Publishing Co Ltd, 14 Cross Street, time when Kitson, author of Low Intensity effective. The Army is in the best position to determine the security needs. A of solitary confinement that might satisfy London ECI, 1978, 134pp. £2.50. Operations, was instituting low-level the European Commission on Human civil-military-police coordination in Eveleigh’s practical proposals are based on a series of legal measures of which the Rights but would certainly be unacceptable This booklet is written for police officers Belfast. Kitson’s book, based on a current to its Irish victims. and published by Police Review. It is even military manual, was intended to establish two vital powers are those to ‘identify the population and to produce informers from After intelligence, Eveleigh turns to riots. in a handy Sin by 4 in pocket size, the Army’s right to dictate security He is concerned about the open, among the terrorists’. This requires presumably so it can be read during the solutions to politicians and civil servants. democratic practice of marching and longeurs of picket or demonstration duty. Eveleigh is very much a Kitson man, and complete population surveillance, starting with a compulsory Census conducted by the demonstrating. His proposal is to revive the It is a manual of basic public order law and his book expands on Kitson’s dictum that 1714 Riot Act, Section 3 of which provided a beginner’s guide to political groups of the there are times when the law should be ‘just police or Army, which would enable them to compel all citizens ‘to attend an for a one-hour warning by an authorized left and right. another weapon in the Government’s officer of the Crown, after which anyone Since it presents itself as a straight work arsenal’. interview of, say, no more than two hours’, once every six months. Each person would still on the streets could be shot on sight of reference, it is very significant that its The purpose of Eveleigh’s book is to and the soldier or police officer responsible politics are explicitly Tory-orientated. The explain why the British Army and be identified by photographs, signatures, handwriting and fingerprints. This is for the shooting would be immune from introduction is by Willie Whitelaw, Government have failed to suppress prosecution. ‘To have been able to say, as prospective Home Secretary in a Tory insurgency in Northern Ireland, and to already in progress: he admits that ~

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,1

I I i I 7 nat ‘it has an unpleasant government, not by Merlyn Rees, the ‘This division of ideas’, says Sloan ‘serves FOUR REASONS WHY YOU SHOULD incumbent in charge of the force. Whitelaw only to fragment the movement towards 'ms of civil liberties’ and — commends the analysis of ‘the many small socialism and makes unity and the _ - s its abolition. minority factions who are now frankly achieving of that objective just a dream’ . ckleton endorses the basic conspiring to overthrow our society’ and In spite of this reassurance, Sloan offers cture of the Prevention of speaks of ‘a systematic attempt to abuse the a detailed introduction to the politics of left SUBSCRIBE e proposes a number of privileges which a free society must afford and right in remarkably accurate and fairly I)CCClUI‘B of a humane kind its citizens’. Sloan quotes approvingly up-to-date terms extending even to the New :liet, exercise and comfort rather more rigorous Margaret Thatcher’s description of the Communist Party of Sid French. There are TO STATE RESEARCH BULLETIN National Front and the Socialist Workers’ inevitably some errors and curious judge- iller records of Party as both parties of the Left: ‘Your ments, such as the statement that the so calls for greater Communist is the left foot of socialism and Workers’ Revolutionary Party is the largest .ce practice in following your Fascist is the right foot of it — using Trotskyist organisation in Britain — a cedures and for the socialism in the same sense that it is total judgement based on analysis of member- 1 FREE ANNUAL INDEX. Subscribers receive, )l'ISi(lt-31' a general review regimentation, control by the state’. ship records, perhaps? free of charge, an annual index (by subject and der cases to see whether Sloan analyses public order law —- a Sloan may well have got himself into name) to the year’s Bulletins. -e revoked. These too are notoriously complex field — with great skill serious legal difficulties by his inclusion of ges. and his summaries are very valuable. But the National Association for Freedom . Report is not a real the book’s significance lies in its political under the heading ‘Fascism’. He places 2 REGULARITY. Being a subscriber guarantees ation of the Prevention judgements. He disparages the idea that the NAFF alongside the NF, National Party that you will receive each: issue promptly and It is a well-meaning but police need further powers, as suggested by and Column 88, quite clearly implying a regularly. ittempt to allay the Robert Mark to the Scarman Inquiry on common outlook between these four lbertarian critics of the Red Lion Square, 1974. Nevertheless he is groups. Not even the disclaimer that to satisfy these critics but quite willing to propose more effective and ‘NAFF is only fascist in that its members 3 ONLY SUBSCRIBERS are entitled to order .n enough to satisfy the imaginative use of the existing law. For are extreme right wing and oppose back issues and the Overview Of The Year by-fodder, who probably example, he suggests that the NF, the SWP communism’ seems likely to spare Police which is produced each autumn. :rned in the first place. ‘or whatever the current party causing Review from the scourge of a NAFF libel is, the Report may have trouble is’ could simply be proscribed writ. ;ention of the Prevention under the Prevention of Terrorism Act. 4 IT HELPS US. Subscribing to State Research for some years to come. However, this would be impossible under supports our work as we receive the full cost the Act as it stands, which requires a THE SHACKLETON REPORT of the subscription rather than 60 per cent as ieration of the Prevention proscribed organisation to be concerned in, ON THE PTA we do from bookshops. riporary Provisions) Acts or encouraging, terrorism and connected . The Rt Hon Lord with Northern Ireland affairs. BE. Cmnd. 7324. HMSO A striking section of the book is that on The underlying problem in discussion of crowd control methods. Sloan clearly the Prevention of Terrorism Act (PTA) is, envisages far more riot control technology or should be, whether it actually prevents - ... . . _ . Hm‘ AND PAMPHLETS than has so far been seen in this country - terrorism. As Lord Shackleton puts it in his credibility of empiricism rests on the Q- at any rate outside Northern Ireland: ‘the Report,* this cannot be judged purely from presentation of facts and, in the case of the question of long staves and firearms must statistics which can never measure the PTA, this must mean details of cases. This listing does not preclude a future soon be considered’. And he argues that deterrent effects of the Act. Nevertheless, There are no cases quoted in the Report. review. army expertise and training methods in the available statistical sources and the The Report’s detailed conclusions cover each section of the Act: the proscription of The State Versus Its ‘Enemies’, by E.P. controlling civil disorder should be adapted casework-based research on the Act by the Thompson. A reprint of Thompson’s for police use. This section of the book NCCL both give good grounds for " organisations, exclusion orders, powers of arrest and detention, port powers and the already classic article from New Society in ends with a quote from an unnamed suspecting that the powers of exclusion and which he examines the history of jury officer: ‘All you have to do is spray them — detention have been used for purposes withholding of information. This last subject (Section ll of the Act) was vetting and reaffirms the importance of spray them with machine-guns’. other than the prevention of terrorism and jury trial. Price 5p from Merlin Press, 3 The equally fascinating latter part of the in ways which appear to be only marginal introduced into the law in the 1976 amendment. It makes it an offence to have Manchester Road, Isle of Dogs, London book gives brief introduction to the to the security situation (see Bulletin no. 7). E14. political background, ideas and Lord Shackleton was asked to prepare information which might be of assistance in organisations of ‘Marxism’, ‘Trotskyism’, the Report as a result of sustained dissatis- preventing terrorism and not to disclose it Trouble With The Law — The Release ‘Maoism’, ‘Anarchism’ and ‘Fascism’. faction expressed by NCCL and MPs to the police. Shackleton has found that it Bustbook. A guide to action inside and ~

Page 36/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (V°12)N° 9/Dficembef 1978-January 1979/Page 37 government, not by Mt that ‘it has an unpleasant incumbent in charge of :rms of civil liberties’ and commends the analysis es its abolition. minority factions who : Issues covered by State Research in the past year ackleton endorses the basic ucture of the Prevention of conspiring to overthroi STATE RESEARCH is an accessibly written bi- include: speaks of ‘a systematic Ie proposes a number of privileges which a free monthly bulletin containing detailed, factual re- rocedure of a humane kind its citizens’. Sloan quo" search on the state. It covers the police, the Special — Special Branch surveillance of political and iii- :‘diet, exercise and comfort Margaret Thatcher’s dr Branch, the law, the military, internal security and dustrial activity d rather more rigorous National Front and the espionage. It is written by an independent, radical fuller records of Party as both parties o group of researchers and journalists, who have been llSO calls for greater Communist is the left 1 — official secrecy and ‘national security rlice practice in following your Fascist is the righ working in this area for several years. 'ocedures and for the socialism in the same s — the use of the trooops in the firemen’s strike consider a general review regimentation, control )I‘Cl6l' cases to see whether be revoked. These too are Sloan analyses publi ‘I recommend this publication to all those con- - the activities of right wing groups like the Econ- I-,ges_ notoriously complex ff cerned with civil liberty and the growing power of and his summaries are omic League and the Institute for the Study of )1'l Report is not a real the book’s significanci the state’. Conflict eration of the Prevention judgements. He dispai Jo Richardson MP :t. It is a well-meaning but police need further po — sales of British arms to Third World countries e attempt to allay the Robert Mark to the Sc l libertarian critics of the ly to satisfy these critics but Red Lion Square, 197- ‘If the government refuses to enlighten people then quite willing to propo: — the use of the Police National Computer to han enough to satisfy the imaginative use of the such private initiatives as State Research must supply store information on political affiliations Jbby-fodder, who probably example, he suggests t that want.’ icerned in the first place. ‘or whatever the curre E.P. Thompson, historian — development of co-operation between British this, the Report may have retention of the Prevention trouble is’ could simp and European police forces, military etc. under the Prevention :t for some years to come. However, this would ' the Act as it stands, w Operation of the Prevention proscribed organisatii 'emporary Provisions) Acts or encouraging, terro iy The Rt Hon Lord with Northern Irelanc OBE. Cmnd. 7324. HMSO A striking section c crowd control methoi envisages fill‘ H1016 I'l0L Uuiiuui ucciiiiuiug-,_y \Jl tJll\I\|ll\I- \-I?’ 1vlAw---—- -- --_ _ _. J ‘ KS AND PAMPHLETS

than has so far been seen in this country — terrorism. As Lord Shackleton puts it in his credibility of empiricism rests on the at any rate outside Northern Ireland: ‘the Report,* this cannot be judged purely from presentation of facts and, in the case of the question of long staves and firearms must statistics which can never measure the PTA, this must mean details of cases. This listing does not preclude a future soon be considered’. And he argues that deterrent effects of the Act. Nevertheless, There are no cases quoted in the Report. review. army expertise and training methods in the available statistical sources and the The Report’s detailed conclusions cover each section of the Act: the proscription of The State Versus Its ‘Enemies’, by E.P. controlling civil disorder should be adapted casework-based research on the Act by the Thompson. A reprint of Thompson’s for police use. This section of the book NCCL both give good grounds for ‘ organisations, exclusion orders, powers of arrest and detention, port powers and the already classic article from New Society in ends with a quote from an unnamed suspecting that the powers of exclusion and which he examines the history of jury officer: ‘All you have to do is spray them — detention have been used for purposes withholding of information. This last subject (Section 11 of the Act) was vetting and reaffirms the importance of spray them with machine-guns’. other than the prevention of terrorism and jury trial. Price 5p from Merlin Press, 3 The equally fascinating latter part of the in ways which appear to be only marginal introduced into the law in the 1976 amendment. It makes it an offence to have Manchester Road, Isle of Dogs, London book gives brief introduction to the to the security situation (see Bulletin no. 7). E14. political background, ideas and Lord Shackleton was asked to prepare information which might be of assistance in organisations of ‘Marxism’, ‘Trotskyism’ , the Report as a result of sustained dissatis- preventing terrorism and not to disclose it Trouble With The Law — The Release ‘Maoism’, ‘Anarchism’ and ‘Fascism’. faction expressed by NCCL and MPs to the police. Shackleton has found that it Bustbook. A guide to action inside and

Page 36/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 37 government, not by Mt SUBSCRIPTION FORM concerned with civil liberties. is little used and that ‘it has an unpleasant incumbent in charge of Ever since it was hurriedly introduced in ring about it in terms of civil liberties’ and commends the analysis the aftermath of the appalling Birmingham therefore proposes its abolition. minority factions who s bombings of November 1974, there have Otherwise, Shackleton endorses the basic Subscribers receive the bi-monthly bulletin, which rationale and structure of the Prevention of conspiring to overthroi is published in February, April, June, October and been indications that the Act’s primary speaks of ‘a systematic function is to provide political evidence of Terrorism Act. He proposes a number of December, and an index to the year’s bulletins each the Government’s determination to oppose adjustments in procedure of a humane kind privileges which a free . autuirm. its citizens’. Sloan quoi terrorism rather than to arm the police with (improvement of diet, exercise and comfort for detainees) and rather more rigorous Margaret Thatcher’s dr RATES powers without which terrorism could not be combatted. Lord Shackleton himself record-keeping (fuller records of National Front and the Subscription: £3.00 pa individuals Party as both parties o draws attention to the fact that most of the interviews). He also calls for greater _ £6.00 pa institutions/organisations short parliamentary debate on the Act in uniformity of police practice in following Communist is the left 1 Back issues: 50p per copy individuals your Fascist is the righi November 1974 was taken up with the prescribed procedures and for the socialism in the same s- £1.00 per copy institutions/ discussion of the proscription of the IRA Home Office to consider a general review regimentation, control organisations rather than of the other parts of the Act of all exclusion order cases to see whether Sloan analyses publi Bulk rates on application (exclusion orders, detention powers etc.) some might now be revoked. These too are notoriously complex fi which have proved subsequently to be the all desirable changes. and his summaries are meat of the Act in practice. The Shackleton Report is not a real the book’s significance T01 State Research, 9 Poland Street, London W1 But the Shackleton Report is not a review of the operation of the Prevention judgements. He dispar reconsideration of the issues and principles of Terrorism Act. It is a well-meaning but underpinning the legislation: it is a review quite inadequate attempt to allay the police need further poi I/We would like to subscribe to State Research: Robert Mark to the Sc of the way that the Act has worked. The concerns of civil libertarian critics of the Red Lion Square, 1974 terms of reference begin, ‘Accepting the Act. It is unlikely to satisfy these critics but Name ...... it will be more than enough to satisfy the quite willing to propos continuing need for legislation against parliamentary lobby-fodder, who probably imaginative use of the Address ...... terrorism’ . So Lord Shackleton has been example, he suggests tl unable to discuss the political context, weren’t that concerned in the first place. desirability or necessity of such legislation. And because of this, the Report may have . ' ‘ . I I G I C I O 0 I I I Q ‘or whatever the currei . ‘ I ' U I O O O Q I O Q I O I I . I Q legitimated the retention of the Prevention trouble is’ could simpl I/We also want to order the following back issues: Shackleton has caused himself further under the Prevention c problems by being so circumspect about his of Terrorism Act for some years to come. However, this would l: own terms of reference: ‘My task, as I the Act as it stands, wl I/We ....;1;...' A '¢i1é¢ju'e)i5o '(,5£y'ai>i'e'il>"ir{a'eisé.{

Page 36/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (V01 2) N0 9/December 1973-J311081‘? 1979/Page 37

outside the legal system when faced with Energy Secretary on open government and There were massive invasions of privacy. the police. A useful practical exposition of speaking out and the journalists for giving freedom of information. A valuable them a platform. For years the FBI and the CIA illegally the realities of police powers of search, summary of his current views on secrecy tapped phones and engaged in other questioning, detention etc. Price £1.25 and security. 30p from Institute for ‘Whistle-blowers’ and the public interest forms of electronic surveillance. The law from Release Publications Ltd, c/o 1 Elgin Workers’ Control, Bertrand Russell House, didn’t matter. The FBI and the CIA both Avenue, London W9 3PR. Gamble Street, Nottingham NG7 4ET. In America there has been a tradition, opened the private mail of American Home Defence - Region Six. Army-police Sources largely as a result of the Vietnam war and citizens. The law didn’t matter. The liaison plans for the Sussex area in the event Starting with the next issue of the Bulletin its aftermath, of what has been termed National Security Agency obtained from of emergencies from nuclear war to serious (No 10) we shall be adding a new section, ‘investigative journalism’ for more than a major international cable companies strikes have been pieced together in this Sources. The section will contain listings of decade. There this tradition has been copies of all private telegrams sent useful pamphlet. Available from Brighton important books, pamphlets and articles in rooted largely within the established media overseas by American citizens or Voice, 7 Victoria Road, Brighton. relevant fields, plus details of rather than on the margins. There are good businesses. The law didn’t matter., reasons for this. In America there is no Astrid Proll: The Case Against Her Parliamentary and Government Official Secrets Act to ensure that even the Journalists and whistle-blowers were Extradition. A short pamphlet on Astrid publications. We would be grateful for any most insignificant fact is considered backed in their actions by broad-based Proll’s experience in German prisons, her contributions to this section, which we hope will develop into cumulative reading ‘officially secret’. For this reason there sectors of the concerned American public life in Britain and the dangers she faces if which held the fundamental belief that in a extradited. 10p from Friends of Astrid and information lists. In particular, any have been many ‘whistle-blowers’ — from the CIA, the National Security Agency democracy the people have a right to know, Proll, 109 Backchurch Lane, London El. reader who sees rare or esoteric journals that State Research is unlikely to monitor (NSA), the FBI, the State Department and and to criticise, what is being done in their The Right To Know, by Tony Benn. itself, is invited to monitor them on our many other agencies. The ‘Watergate’ name. As a result, many of the actions of The text of a September 1978 lecture by the behalf. affair which led to President Nixon’s the CIA, the FBI, and US foreign and downfall, the publication of the Pentagon military policy have been publicly aired and __i_i__ Papers which exposed US atrocities in some restraints placed on their future Vietnam, the Church Committee in the US practices. (Z _ g _ e g _ THE ABC TRIALS: A DEFEAT FOR THE STATE Senate and the Pike Committee in the 3 No such combination exists in Britain. House of Representatives which The established media and book publishers quality were it not for the importance of the investigated the CIA and uncovered have, with few exceptions, been content to issues involved - the democratic discussion ‘destabilisation’ operations and operate within the boundaries laid down by of key areas like military and foreign assassinations, were all events which could the state: formally through the potential affairs; the practices and accountability of not have happened in Britain. threat of the Official Secrets Act but more the intelligence and security agencies; and Walter Mondale, now Vice-President of importantly through informal ‘news basic civil iberties over the surveillance of the USA, and a member of the Church management’ — consulting with the legitimate political activity. The conclusion of the trial of Crispin Committee, said: Secretary of the D-Notice Committee on . Philip Agee, an ex-CIA agent and later a ‘sensitive’ subjects, through the ‘lobby Aubrey, John Berry and Duncan Campbell journalist, and John Berry, an ex-British system’ (a system of privileged (ABC) under the Official Secrets Act last ‘Our investigations showed that many of soldier who worked on Signals Intelligence, the abuses of the Nixon years could be correspondents on specialist areas like the month marked the end of the current phase were both considered to be ‘traitors’ by traced back to the attitudes of the Cold police and defence), through Ministerial of the state’s attempt to silence those their ex-employers. Aubrey, Campbell and seeking to make public information about War. Fastened on us was the fearful ‘leaks’, and a general reluctance to question Hosenball were journalists seeking to state policy in many areas. areas it considers too ‘sensitive’ to be known myth that America could not be report on the secret working of the British defended without more deceit and Similarly major book publishers have for to the public. It ended in a victory for the and American states. Agee and Berry. both three defendants, and a defeat, on this illegality than democracy permits For many years submitted manuscripts to the believed that their politicalresponsibility as years, this assumption was used to justify D-Notice Committee well in advance of occasion, for the state. The arrest of ABC in citizens outweighed their oaths of the first instance was the direct result of the actions abroad -— from subversion of publication. Quite apart from having the allegiance. Similarly, the three journalists most tight-lipped Civil Service in the world, surveillance by M15, the security service, of freely elected governments, to considered their duty to the public interest there has grown up in the postwar perioda the Agee-Hosenball Defence assassination attempts aimed at foreign to report on important areas of state bi-partisan agreement in Parliament that Committee — which was formed in leaders. practices to outweigh the state’s contention The CIA came home to launch key areas are above party politics, and November 1976 to fight the deportation that these areas should remain secret. It is therefore not open to democratic debate. orders issued against these two Americans ‘operation chaos’ -—- a surveillance too simple to present the deportations and programme directed against American These key areas cover most aspects of: in the ‘interests of national security’. the Official Secrets trial as a conspiracy; defence, foreign policy, British intelligence The background to these two, connected, citizens -— even though that agency is rather they should be seen as attempts to forbidden from exercising internal activities overseas, the security services at events would have an unreal James Bondish punish the Agees and the Berrys for security functions. The law didn’t matter home, and the police. Page 38/State ResearchB11ll0t'10 (V0l2) N0 9/DB66111ber 1 978-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 39 Double standard exposure of the CIA’s world-wide activities co-operation of British intelligence’. The in 1972 and 1974, with widespread then the findings of the Church and Pike exposure of this CIA media operation was confrontations between the police and The British way of doing things rests on a Committee’s of the US Congress have widely covered, especially in The Guardian, pickets; and five declarations of a national demonstrated how great this need was. and can hardly have pleased the CIA, or for clear double standard. During the ABC ‘state of emergency’ over strikes between trial, Chapman Pincher’s book, Inside Mark Hosenball, a young American | that matter British intelligence, M16. 1970-3. journalist, arrived in Britain from Dublin In May 1976 an article entitled ‘The Story, was published in which he describes There were two important features to this dozens of discussions with military in 1974 and joined the news staff Of‘TlI1'1t.3 Eavesdroppers’ appeared in Time Out initiative. The authorities could exercise Out magazine late in that year. During 1115 under the by-line of Mark Hosenball and intelligence and security officers: his none of the traditional restraints on what sources include ‘an official from two years there, Hosenball specialized in . Duncan Campbell, a freelance journalist. It was published, because these relied on the stories about British and American was widely believed at the time of the Government Communications co-operation of journalists and papers. Headquarters (GCHQ)’ (p.18); a girl in the intelligence and security agencies. deportations that this article constituted the Moreover, to their annoyance, information Four events stand out in the 18 months main grounds against Hosenball. The M15 registry (p.26); ‘a former MI5 officer published on the ‘fringe’ did, from time to (p. 1 14); a Deputy Director ofMI6 (p.165); before the deportation orders were issued. article described in detail the work of time, permeate the established media (e.g. In the spring of 1975 Time Out, using Government Communications and ‘a very senior member of MI6’ (p.376). the Littlejohn affair concerning MI6’s Following the book’s publication E.P. publicly available records, listed 50 CIA Headquarters (GCHQ) at Cheltenham, the hiring of agents-provocateurs). The second agents based at the US Embassy in London centre of the British SIGINT operation. Thompson, the historian, wrote to the feature, which clearly separates radical Guardian: (Time Out, 6 March 1975). Hosenball was SIGINT involves the interception of . journalists from establishment figures like one of a number of journalists who worked military and diplomatic comrnuriications. Pincher, is that they relied on secondary on this story. There was little reaction in the Supposedly its primary function is to moni- ‘I wonder how it happens that Mr sources, on information culled from public established media, even the llbeffll tor and analyse communications from the Pincher’s secret conversations with sources. The thrust behind the ABC Guardian refused to run the story. The then Eastern bloc it also eavesdrops — contrary informants in flagrant breach of the prosecution by the state was to prevent the editor told his reporter, who had written a to international agreements — on (Official Secrets) Act were not detected? development of a ‘whistle-blowing’ story timed to coincide with Time Out s, transmissions of many Third World Why no tape-recordings and sudden tradition and to discourage radical that: ‘These people are our allies’; we are countries whose cyphers can easily be arrests ensued? Why Mr Silkin did not journalists from learning how to handle not in business to help the KGB broken as their equipment comes from authorise immediate action? Why obscure public information fluently, to (Journalist, April 1975). Parliamentary Western countries. The article also charges have not been laid and juries build an accurate picture of state activities, questions were put, based on the Time Out described the operations of the massive politically screened?’ (Guardian, and thus raise doubts about their story, and then national newspapers American agency, the National Security 7. 10.78.). assumptions and practices. (including The Guardian) reported the Agency (NSA), and its bases in Britain (see exchanges in the House of Commons. The Bulletin No 7). Why Agee and Hosenball had to go The lesson is clear: Pincher’s stories in the value of the Time Out story lay not in the Much of the information on the NSA naming of names but in opening to _ operations was supplied by Winslow Peck, Daily Express, by and large, serve the Philip Agee arrived in Britain in 1972 and interests of the state and its officials while question -— on the by now proven evidence another American whistle-blower who had for the next three years worked on a book of CIA interventions in the internal politics worked as an analyst for NSA. A month those of radical journalists whom the state describing his experience as a CIA officer in cannot control risk arrest, trial and of other countries -—- the maintenance of after the publications of the Eavesdroppers Latin America. His book, Inside The such a large CIA station in this country. article, in June 1976, Peck was held at imprisonment (see, ‘The Secret State within Company: CIA Diary, was published in the State’ by E.P. Thompson, New Later in 1975 Forum World Features 3 Heathrow airport when he arrived for a Britain by Penguin in 1975 and has since visit to Britain and was refused entry under Statesman, 10.11.78). London-based news agency 81111111311118 news been translated into more than 17 the 1971 Immigration Act on the grounds At the beginning of the Seventies a and background stories used extensively by languages. This fact alone did not endear that his presence was not ‘in the national number of radical British journalists and the media in many Third World countries Agee to his former masters, but what interest’. researchers began, using the ‘fringe’ press, shut down hurriedly after ten years when pleased them even less was that following One more event seemed to have proved to look at ‘sensitive’ areas of the state such Time Out discovered its connection with the publication of his book Agee took to the CIA. An internal CIA operational decisive. In September 1976, Philip Agee as the police, Special Branch, MI5, MI6 the road. He addressed meetings in Britain, summary to the then Director of the CIA, went to Jamaica at the request of a number (Britain’s CIA), and the CIA presence in most West European countries, answered of Jamaican political and trade union Britain. That this kind of work began in Richard Helms, said: ‘Forum_W0rld enquiries from all over the world, and groups. At the time thecountry was in the Britain in the early Seventies was no Features has provided the United States advised political and trade union activists, midst of a general election campaign, historical accident: it was rooted in the with a significant means to counter journalists and writers on the methods of characterised by whatseemed classic objectively more aggressive role of the Communist propaganda and has become a the CIA. To add insult to injury Agee, by respected feature service well on the way to ‘destabilization techniques.-— state. There was a civil war in Northern now living in Cambridge, was using misinformation in the foreign press, the Ireland; massive opposition to the Heath a position of prestige in the journalism Britain — the USA’s major NATO world’. At the bottom of the memo was supply of arms and money to the government’s Industrial Relations Act ally — as a base from which to campaign. If written: ‘Run with the knowledge and government’s opponents, and (1971); the first and second miners’ strikes justification were needed for Agee’s Page 40/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 41 assassinations. The ‘destabilisation’ disseminating information harmful to the subject of the ‘Eavesdroppers’ article) for Treasurer’s car — her personal cheque campaign was designed to oust the security of the UK’; ‘has aided and many years. Mr Michael Foot, the Deputy book and cheque card were returned to her moderate social-democrat Prime Minister counselled others in obtaining information Prime Minister and Leader of the House of bank. The financial records of the Michael Manley, who was too independent for publication which could be harmful to Commons, was certainly not privy to the campaign were never recovered. and friendly with Cuba for Western tastes. the security of the UK’. Hosenball received decision. When he asked to see the files on Four days later, on February 11, the car Agee addressed several meetings and a similar letter which alleged that he sought which the deportation orders were based he of the girl friend of the Convenor of the confirmed that what was happening fitted to obtain, and had obtained, for was politely informed that this would not AHDC was broken into in South London. the pattern of a typical CIA operation. He publication information harmful to the be possible as he had not been ‘positively Fortunately there was nothing to steal. On also named seven CIA agents at the US security of the UK, including information vetted’. Monday, February 21, three days after the embassy who quickly departed. What Agee prejudicial to the safety of servants of the The instigator of the deportations was ABC arrests the car of the Treasurer of the did not realise was that Jamaica, as an crown (our emphasis, in both cases). not the Home Secretary or the Prime AHDC was again broken into — during the ex-British colony, also fell into the province The innuendoes in the orders served to Minister but the ‘state within the state’, the first meeting of the newly-formed ABC of the British overseas intelligence agency, confuse many and did not have to be I intelligence and security agencies. Defence Committee. Two more break-ins M16. The operation he helped expose was, proved before a court of law. As aliens happened in the week that followed, both in all probability, a joint US-UK operation. Agee and Hosenball had only the dubious The surveillance of the Agee-Hosenball on journalists active in the AHDC Agee had stepped directly on the toes of right of appearing before a panel of ‘three I Defence Committee (AHDC) campaign — one had his briefcase stolen British interests and unknowingly provided wise men’ appointed by Rees. This they from his car, the other’s flat was entered grounds which could persuasively be put both did, without ever being told the exact Agee had been the subject of surveillance and all his personal papers gone through. before the new Home Secretary, Merlyn nature of the evidence against them. On since he entered the country in 1972, and All the thefts and break-ins were Rees. Wednesday, February 16, 1977 Rees, the various agencies concerned had been reported to the police, and Robin Cook MP These four events alone were, in the eyes having been ‘advised’ by the panel, monitoring the activities and published raised them with the Home Secretary. Lord of the US and UK intelligence and security announced in the Commons that the orders articles of Agee, Hosenball and other Harris, Minister of State at the Home agencies, sufficient reasons for acting: the stood and that Agee and Hosenball were to British journalists for a considerable Office, replied at the end of July that: exposure of the CIA in Britain, the closure be deported. period. In the eyes. of the British security of a successful London-based media Butwho prompted the Home Secretary services these journalists and their contacts ‘The report I have from the operation directed at Third World to act in the first place? It is unlikely that were considered to be ‘subversives’ (a term Commissioner (of the Metropolitan countries, the exposure of UK and US Rees had ever heard of Agee and Hosenball used to describe Duncan Campbell by the Police) states that so far no arrest for eavesdropping on international before two rather fat files arrived on his Director of Public Prosecutions’ counsel in these offences has been made and it has communications, and the exposure of a desk, via his Principal Private Secretary, November 1977 because of his assiduous not been possible to establish a motive joint US-UK destabilization campaign in from the security service, MI5. These files collection of information on ‘sensitive’ for the offences’ (letter to Robin Cook, Jamaica. It is equally clear that the were sufficiently impressive to convince areas). When the Agee-Hosenball Defence 29 July 1977). exposure of the use of this country in aiding Rees to issue the deportation orders which Committee (AHDC) was formed to protest US operations directed against the Third he knew would provoke widespread against the deportation orders and its Now, nearly two years later, the break-ins World, and the revelation of the close opposition from within his own party and members automatically came under MI5 and thefts remain unsolved, but the ‘motive co-operation of British intelligence agencies outside. surveillance. This surveillance included not for the offences’ is quite clear. in that, was in the public interest. _ The agencies involved in preparing the only telephone-tapping and mail-opening The surveillance of the AHDC is not only files orRees included M16 (representing but also illegal thefts and break-ins. important in its own terms but doubly so Who was behind the deportation orders? CIA interests), the Foreign.Office, the The panel hearings for Agee and because it led to the arreest of Aubrey, Director of Government Communications Hosenball had been completed on February Berry and Campbell (ABC). On November 15, 1976 Merlyn Rees issued Headquarters, the Defence Intelligence 3. Rees was due to announce his decision to deportation orders against Agee and Committee (which co-ordinates overseas the Commons on Wednesday, February The arrest of ABC Hosenball on the grounds that their intelligence work), the Ministry of Defence, 16 — a fact known to M15. There was no departure from the UK ‘would be and finally, MI5, who are responsible for I» better time to intervene and extend their In this same period, before Rees’ conducive to the public good as being in the security inside Britain. information on the AHDC, perhaps hoping confirmation of the deportations, John interests of national security’ (Home Office The only other person known to have to find some incriminating evidence. On Berry, an ex-soldier who had served in the letter to Agee, 15 November, 1976). The been party to the decision was the Prime February 7, the car of the Treasurer of the Intelligence Corps in Cyprus (at one of power to deport on grounds of ‘national Minister, Mr Callaghan. He would have AHDC was broken into and the financial GCHQ’s listening posts) wrote a letter to security’ were provided under Section been ‘advised’ by the Co-ordinator of records together with her handbag were the AHDC office. This was on February 3(5)(b) of the 1971 Immigration Act. Rees Security and Intelligence in the Cabinet stolen. These records contained all the 4, and on February 1 1, Berry went into the alleged that Agee had ‘maintained regular Office, at the time Sir Leonard Hooper. receipts and cheque payment stubs of the defence campaign’s office to type out a contacts harmful to the security of the UK’; Hooper became the Co-ordinator in 1974 three month campaign. It was indeed an one-page statement. He had read the ‘ has been and continues to be involved in after being the Director of GCHQ (the eccentric ‘thief’ who broke into the ‘Eavesdroppers’ article and wanted to help Page 42/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) No 9/December 19 /8-January 1979/Page 43 the campaign against the deportations. November 1976 that the government (mostly members of the Defence Crispin Aubrey, a Time Out journalist THE CHARGES intended to reform Section 2 of the Act, and Intelligence Staff military intelligence); the and an active member of the AHDC, was that it was intended that ‘receipt’ would no Director of GCHQ in Cheltenham; the one of a number of journalists who got a First Count: John Berry, of communicating longer be an offence. This section had fallen information to Duncan Campbell on Defence Intelligence Committee; and the copy of Berry’s statement. He like many into disrepute after the unsuccessful ex-head of GCHQ, Sir Leonard Hooper, others suspected that the ‘Eavesdroppers’ February 18, 1977 contrary to S. 1(1)(c) of prosecution of the Editor of the Sunday the Official Secrets Act 1911. the Co-ordinator of Security and article lay behind the deportation of Telegraph and journalist Jonathan Aitken Intelligence in the Cabinet Office. Hosenball, so enlisting the help of Duncan (now a Tory MP) in 1970. The fact that in the event all but the Campbell, a technical journalist, arranged Second Count: Duncan Campbell of The only other occasion when the obtaining information from John Berry on original S.2. charges had to be dropped to meet Berry at his flat in Muswell Hill, Attorney-General had been called on to with the agreement of the Attorney-General London. The meeting was arranged, over February 18, 1977 contrary to S. 1(1)(c) of make a decision was in December 1974 the Official Secrets Act 1911. when tested in court at the Old Bailey only the phone, the day before on Thursday, when the Special Branch arrested two serves to emphasize the unhealthy power February 17. researchers, John Russell and Mila Caley, Third Count: Crispin Aubrey of doing a and influence these hidden, and totally The manner of the arrest of Aubrey, who were charged under Section 2 with the preparatory act (making an appointment) unaccountable, agencies wield in ‘advising’ Berry and Campbell on Friday, February unlawful possession of a copy of a Ministry elected Minister. 18 confirmed that M15 had kept the AHDC to an offence contrary to S. 1. of the of Defence manual Land Operations Vol. Official Secrets Act 1911, contrary to S.7. under surveillance and arranged for the Three, Counter Revolutionary Operations). of the Official Secrets Act 1920. The Colonel ‘B’ affair Special Branch to carry out the arrest. MI5 They were both released from custody officers have no powers of arrest and in when the Attorney-General decided not to Fourth Count: Crispin Aubrey of abetting At the committal proceedings at Tottenham order to protect their anonymity the Special proceed with the charges. magistrates court in November 1977 ABC Branch as police officers always carry out an offence contrary to S. 1. of the Official To everyone’s astonishment the Secrets Act 1911 on February 18, 1977, were committed for trial at the Old Bailey arrests on their behalf. All spies in the Attorney-General, Sam Silkin, not only on all nine counts. The prosecution, led by postwar period were arrested in this way). contrary to S.7. of the Official Secrets Act consented to the bringing of Section 2 1920. Mr Coombe for the Director of Public Detective Chief Superintendent Harry charges, he also sanctioned charges under Prosecutions office, sought to emphasize Nicholls was told on the Friday morning by Section 1 too. Section 1 charges had, with Fifth Count: John Berry of communicating the gravity of the offences committed. Commander Rollo Watts, then head of one exception, solely been used against information obtained as an officeholder Regarding the S. 1. charge against Campbell Special Branch operations, to stand by for spies and Rees himself had described it in under Her Majesty to Duncan Campbell on of ‘collecting information’, a usual practice duty that evening. The Special Branch team February, 1977 as ‘the espionage clause’. February 18, 1977 contrary to S.2(1)(a) of for any competent journalist, Mr Coombe did not arrive outside the flat until 8pm, an On May 9th, I977 Campbell was charged the Official Secrets Act 1911. said that Campbell although not a spy was hour after the meeting started, and after the under Section 1 with collecting information a very ‘subversive’ man. The anonymity of arrests took some considerable time to find about defence communications which Sixth Count: Duncan Campbell of the key witness for the prosecution, a the local police station — just 10 minutes might be of use to an enemy, a charge based receiving information from John Berry on Colonel ‘B’ from the Ministry of Defence, drive away. on his journalists’s files taken from his flat February 18, 1977 contrary to S.2(2) of the only served to heighten the gravity of the Just two days after the uproar over Rees’ in Brighton by the Special Branch. Two Official Secrets Act 191 1. alleged offences. decision to deport Agee and Hosenball the weeks later, all three men were charged This anonymity was short-lived because security service, MI5, dumped another hot under Section 1, communicating and Seventh Count: Crispin Aubrey of doing a in December Peace News, doing some potato by arranging the arrest of ABC into receiving being an offence under this preparatory act (making the appointment) elementary research in ‘Wire’ , the the lap of another Minister, the section too. ABC now faced charges which to an offence contrary to S.2(1)(a) of the magazine of the Signals Association, Attorney-General. carried prison sentences of up to 14 years as Official Secrets Act 1911 on a day between named the mysterious Colonel as Hugh. a result of a three hour conversaton in a flat February 14 and 18, 1977, contrary to S.7. Antony Johnstone. The Leveller magazine From S.2. to S.l. in Muswell Hill (the full charges are set out of the Official Secrets Act 1920. and the Journalist, the journal of the below). National Union of Journalists followed When ABC were arrested they were Here again we have to look at the Eighth Count: Crispin Aubrey of abetting suit. Contempt of court orders were served charged under Section 2 of the 1911 instigators of these very serious charges. As Duncan Campbell to commit an offence on the three magazines by the Official Secrets Act, which covers the Rees had been over the deportations, contrary to S.2(2) of the Official Secrets Attorney-General. The drama continued communicating and receiving of official Silkin, the Attorney-General, was Act 1911 on February 18, 1977, contrary to when on April 20 four MPs — Jo information. All prosecutions under this convinced on the basis of the evidence S.7. of the Official Secrets Act 1920. Richardson, Christopher Price, Robert Act have to have the fiat (the agreement) of presented to him that the meeting in Kilroy-Silk and Ron Thomas — named the the Attorney-General. The Muswell Hill warranted S. 1. charges. The Ninth Count: Duncan Campbell of Colonel in the Commons, which was Attorney-General is a Government Minister agencies who provided this evidence were collecting information concerning defence therefore recorded in Hansard. Recordings as well as a Senior law officer. Rees, the the same ones who ‘advised’ Rees. A communications contrary to S. 1 .(1)(c) of of the proceedings of Parliament naming Home Secretary, had told the Commons in nine-man team at the Ministry of Defence the Official Secrets Act 1911. the Colonel were broadcast on both BBC Page 44/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Reseflfeh Bl111e1111 (V012)N0 9/Deeembef 1973'-la1'1u3YY 1979/Page 45 and ITN news bulletins and the next day the Attorney-General as contempt of court, defectors or whistle-blowers from our political activity, the Agee-Hosenball nearly all the national press printed the Silkin decided to take no action. intelligcucc services who seek the assistance Defence Committee, and carried out illegal Colonel’s name. Just over a week later, on When the second trial started with a new of the press or other media to publicise break-ins. The case for making them May 2nd, representatives of the three judge, Mr Justice Mars-Jones, the first accountable to democratic institutions has magazines appeared in the High Court secrets wluitevcr the motive’ (Evening cracks in the prosecution case began to Standard 17.11.78). never been more clearly demonstrated. before Lord Chief Justice Widgery and two show — the S. 1. charge (Count Nine) The three defendants although found There are several other lessons. It has other judges. Each was fined for contempt against Campbell for ‘collecting guilty had been given derisory sentences been admitted that for several years the of court — Peace News £500 (plus costs) information’ was withdrawn by the given the seriousness of the charges brought security services have been ‘vetting’ and the Journalist £200 (plus costs). As a prosecution. The major breakthrough came by the Attorney-General. At a press potential jurors in cases agreed to by the member of the Leveller collective at the end of the prosecution case when on conference John Berry commented: Attorney-General. This is a further instance commented: ‘The Attorney-General is October 24th all the other S. 1. charges were of a generalized attack on the jury system, attempting to slam the stable door after the dropped (Counts One, Two,Three and ‘This whole affair will not stop here. Far which enables people to be tried by their horse has bolted’. The ludicrousness of Four). The judge said that the bringing of be it for me to incite people, but I don’t peers (see ‘The state versus its enemies’, by these fines, which with costs amounted to S. 1. charges in a case which clearly did not think anyone is going to be discouraged E.P. Thompson, New Society, several thousand pounds, became apparent involve espionage or sabotage was ‘very by this case. We have won a battle and (19. 10.78) Another aspect of the ABC when the mysterious Colonel appeared at oppressive’. The Attorney-General was the war will go on. The ABC trial has trials is worth comment. In the second trial the Old Bailey trial in October 1978 under consulted and he agreed to the charges marginally exposed the secret state within the judge, Mr Justice Mars Jones, his full name. When asked why he had being put ‘on file’ (effectively to drop the state. There were powerful agencies established the partial independence of the originally sought to disguise his identity he them). The groundwork for this decision behind this prosecution and they are not judiciary from other sectors of the state. replied, ‘because I was instructed to’. had been laid by the defence counsels’ responsible to anyone’ (Guardian Just before the end of the prosecution case cross-examination of prosecution 18.11.78). he told Mr Leonard, the DPP’s counsel, that The trials at the Old Bailey witnesses, including Colonel Johnstone, by he would need to be convinced that the S. 1 demonstrating time and time again that The prosecution of ABC cost more than charges should proceed — they were duly In the summer, prior to the start of the trial information alleged to have been ‘secret’ £250,000 of taxpayers’ money and ended in dropped with the agreement of the scheduled to start in September, the DPP’s was already in the public domain, i.e. had sentences which were tantamount to Attorney-General. In effect, the security office offered to drop all S. 1. charges appeared in print. acquittals. Moreover, the public now services case was thrown out of court by the providing Berry and Campbell pleaded The trial then became concerned just knows a great deal more about Signals judge. guilty to S.2. charges (which carry a with S.2. charges, and one of these against Intelligence, the very thing the state sought Another lesson concerns the Official maximum of 2 years imprisonment, rather Aubrey (Count Seven preparatory act) was to prevent. Secrets Act and its proposed reform (as than 14 years under S. 1.). This offer was also dropped on the judge’s instructions. outlined in the government White Paper rejected by the defendants. The reason Only three of the original nine charges What are the lessons? published this summer). Unless this Act is behind this offer by the prosecution seems remained. limited in its substantive form, that is S. 1. to have had more to do with the prospect of In his summing up the judge directed the The most important lesson of this two year of the 1911 Act, to an Espionage Act then an autumn General Election than a change jury to find Berry guilty, and indicated that attack by the British state on Aubrey, Berry and Campbell would still of heart related to the alleged offence. If Campbell was guilty under S.2. then so ‘whistle-blowers’ and journalists is that the have been open to prosecution under S. 1.. The first trial under Mr Justice Willis got too was Aubrey. The jury quickly found instigators were the security, intelligence There has been no indication that the off to a stormy start when it was learnt that Berry guilty, but took more than two days and other agencies of the state. These government intends to do this. Moreover, the jury panel for the trial (from which 12 to return guilty verdicts against Aubrey and agencies have always been outside the even under the ‘reformed’ S.2. John Berry jurors are chosen) had been ‘vetted’ for Campbell. Mars-Jones sentenced Berry to control of parliament, and their actions would still have been open to prosecution ‘loyalty’ by the security services (see, six months imprisonment for show how determined they are to preserve — but this time, in Mr Rees’ words, by an Bulletin N08 and the News section in this communicating information, suspended for their ‘state within the state’. The myth that ‘Armalite’ rifle rather than a ‘blunderbuss’. issue). The first trial was stopped in its third two years; Campbell for receiving these agencies are accountable to elected As John Berry said after the trial ‘the war week by the judge after a report on the information, and Aubrey for aiding and Ministers has been clearly exposed. Boththe goes on’. This ‘war’ is primarily about the London Weekend Television programme, abetting (Campbell), were given Agee-Hosenball deportations and the right of people in a democracy to know Saturday Night People, revealed that the conditional discharges for three years. prosecution of Aubrey, Berry and what is being done in their name, and to be defence had objected to the foreman of the However, he ordered that the two Campbell showed that the Ministers free from surveillance and harrassment jury because he had signed the Official journalists pay swingeing costs — concerned, the Home Secretary and the when they try to find out what is being done Secrets Act and was an ex-member of the Campbell a total of £4,700 and Aubrey, an Attorney-General, were totally dependent, in their name. In doing so they will SAS (Special Air Services regiment). Two estimated £12,500 (these costs being related and convinced by, the evidence presented to inevitably come up against those agencies other members of the jury had also signed to their stated means). them by the security and intelligence of the state who are determined to remain the Act. Despite the fact that the trial judge After handing out the sentences agencies. It is also clear that M15 at least free from public accountability to asked for the LWT report to be reported to Mars-Jones said: ‘We will not tolerate conducted surveillance of quite a legitimate parliament and the British people. Page 46/State Research Bulletin (vol 2) No 9/December 1978-January 1979 State Research Bulletin (vol 2) No 9/December 1978-January 1979/Page 47