Day 3 afternoon session of Tranche 1 closing statements, featuring submissions from counsel for Lord Peter Hain, Professor Rosenhead, and Ernest Rodker regarding anti-apartheid surveillance, plus submissions from cooperating non-police non-state core participants on broader issues of political policing, missed opportunities for oversight, and systemic failures.
00:09:35 foreign
00:10:33 Mr greenall sir thank you for the opportunity to make closing a closing statement on behalf of Lord Peter Hayne Professor Jonathan rosenhead and Ernest rodka I intend to follow the written clothing
00:10:45 intend to follow the written clothing which has been submitted to the inquiry and I will not rehearse here all the detail which has been put in that written document I will also try to pick up on some of the points that have been made by the other core participants as I go
00:10:58 go trance one has had evidence of shocking unjustified and unjustifiable unjustifiable surveillance of anti-apartheid campaigners by undercover offices in the special demonstration Squad Lord Peter Hayne Professor
00:11:10 Squad Lord Peter Hayne Professor Jonathan rosenhead and Mr Ernest wodka invite the inquiry to reach robust findings in line with these conclusions in their initial opening statement for trans1 these core participants raised the following concerns over the
00:11:22 the following concerns over the targeting of political and social justice campaigns and the participation of undercover offices in protests and miscarriages of Justice those were number one the unjustified and politicized nature of undercover
00:11:34 politicized nature of undercover policing number two the lack of any effective system of checks and balances number three the lack of any proper oversight number four racial bias and
00:11:47 oversight number four racial bias and racism within undercover policing number five a culture of contempt and abuse towards the rights of those targeted including gross disregard for breaches
00:11:59 including gross disregard for breaches of fundamental human rights all of these issues have been exposed in trance one of this inquiry I turn now to the targeting of the anti-apartheid campaign the core participants I represent have
00:12:10 the core participants I represent have consistently raised two broad concerns over the targeting of anti-apartheid campaigns by the special demonstration Squad first there was no legitimate policing need to Target these campaigns using undercover offices
00:12:23 using undercover offices second the targeting of those campaigns was influenced by political concerns turning to the issue of justification there was no proper justification for
00:12:35 there was no proper justification for targeting the anti-apartheid movement or to stop the seventy torque or the other organizations campaigning against apartheid South Africa using undercover offices the anti-apartheid movement was an entirely conventional campaigning organization which gave rise to no
00:12:49 organization which gave rise to no particular concerns over public order or subversion well the stop the 72 openly used non-violent direct action to further its
00:13:01 non-violent direct action to further its campaign this did not justify the use of undercover officers to infiltrate the organization it is important to correct the record relating to the purported justifications for targeting the anti-apartheid campaign
00:13:11 campaign former undercover officers have claimed that these groups were involved in violence and disorder and that this was the justification of the actions of the SDS towards them these claims are false
00:13:23 SDS towards them these claims are false from the outset the stop the 70 tour and the ANZ apartheid movement were non-violence campaigning organizations violence was never part of their aims or their methods Professor rosenheit Ernest Rodger and
00:13:34 Professor rosenheit Ernest Rodger and christabelgan have all made statements confirming that this is the case and it was confirmed in their oral evidence their position is supported by
00:13:46 their position is supported by contemporaneous documentation about the aims and methods of the anti-apartheid movement this was summed up by the undercover officer hn298 in his witness statement as follows there was nothing clandestine or revolutionary about the
00:13:57 clandestine or revolutionary about the antipartite movements they were a group of people who did not think the situation in South Africa was fair they wanted to make a part out a high profile issue so that people would say it was outrageous in hope that things would
00:14:09 outrageous in hope that things would change it was not subversive so as far as I was aware I do not think they employed or approved of the use of violence
00:14:15 violence to stop the 70s tour did engage in non-violent direct action however this went no further than minor damage to property and the disruption of events such as rugby matches this was
00:14:26 such as rugby matches this was implicitly understood by those who took part any debate that is recorded in SDS records over the use of violence was effectively confined to the extent to which damage to property would be
00:14:38 which damage to property would be contained condoned by the stst violence against persons was never part of their aim
00:14:49 aim much has been made by those in the SDs that hn135 Mike Ferguson occupied a close position to the leadership of the sdst being referred to as quote Peter Haynes right hand man
00:15:05 Haynes right hand man Lord Hane continues to deny that hn 135 occupied any role that could be described in that way whatever his precise role was he did attend sdst planning meetings where few others were present it is therefore telling that his reports about the
00:15:17 telling that his reports about the sdst's plans and methods do not at any point indicate or suggest that the stst supported the use of violence on demonstrations
00:15:30 demonstrations I note in passing that it would clearly be impossible to attend such small planning meetings of a group such as the stsd without taking on some sort of active role within the organization tactics and proposals would inevitably
00:15:43 tactics and proposals would inevitably have been discussed in these law groups and those present would inevitably be drawn into such discussion therefore the boundary between activity as a follower and as a leader does not appear to have been respected
00:15:55 been respected the core participants repeat their refutation of the claim by hn336 decaps in oral evidence to the inquiry that he attended an stsd demonstration at
00:16:06 attended an stsd demonstration at Twickenham at which instructions were given to quote's attack the police this is untrue the allegation was made for the first time 50 years after the event and is unsupported by the
00:16:18 and is unsupported by the contemporaneous documents well the reasons set out by the core participants opening statement for France one phase two the inquiry is invited to reject
00:16:30 two the inquiry is invited to reject this part of his evidence in face of clear evidence to the contrary it is submitted that it is not enough to claim that public order records and reports have been lost and that only a selection of reports remain
00:16:42 selection of reports remain instructions to commit violent acts do not feature in any documents that have been recovered by the inquiry as Lord Haines stated in his oral
00:16:54 as Lord Haines stated in his oral evidence to the inquiry the sdst was entirely open about its aims and methods it was public knowledge that the sdsd sought to disrupt sporting events by attempting to enter the pitch
00:17:06 attempting to enter the pitch against this background there was nothing which required a policing response based on SDs officers seeking to infiltrate the sdst any public order concerns that arose could have been
00:17:22 concerns that arose could have been dealt with using conventional policing methods and did not justify the activities of the SDS the Met police by way of contrast invited the inquiry to conclude that the
00:17:33 invited the inquiry to conclude that the SDS reporting into the sdst assisted the policing offense by way of example they recite they cite reports by hn135 which set out quote basic tactics to be used by the stst
00:17:54 for example they slightly report dated the 9th of December 1969 which related to the forthcoming spring box match at Twickenham on the 20th of that month the report stated that there would be first a mass demonstration outside the ground secondly protesters handcuffing
00:18:11 ground secondly protesters handcuffing themselves to goal posts and thirdly an attempt to gain employment at a hotel where the springboks were staying in response we submit that in reality there was little information of use to public order policing that was not already well known
00:18:25 already well known that there would be a mass demonstration outside the ground was easily predictable and had been stated publicly that people were trying to disrupt the match and try to get onto the pitch was
00:18:42 match and try to get onto the pitch was obvious and again publicly stated by the stop the 70 tour there was no need for undercover officers to unint to establish that information the specifics of how persons would seek to get onto the pitch was not so important
00:18:51 important it's unclear how the fact that handcuffs might be used is of such great relevance in terms of public order public order policing
00:19:05 policing and in relation to direct action at a hotel it submitted that this doesn't create any significant public order issue
00:19:07 issue similarly the Met police rely on a report about that stop the 72 National Conference on the 7th of March 1970 which included details of plans to demonstrate at all places where the
00:19:22 demonstrate at all places where the South African team were assembling the first big demonstration to be held in June and other locations were listed again it submitted that it was obvious
00:19:33 again it submitted that it was obvious that the stop the 70 tour would seek to demonstrate wherever the South African rugby team assembled the dates of the big demonstrations were easy to find out with conventional methods so it is unclear how much assistance do public order policing this report contributes
00:19:46 order policing this report contributes it is important to note that it was only disruption to the large matches that had real any real public order concerns smaller roadblocks of theme hotels and
00:19:59 smaller roadblocks of theme hotels and the like were certainly not on the same scale
00:20:00 scale of course there was an element of surprise to the stst tactics but that concerned the specifics of how a match would be disrupted that the st-st would
00:20:14 would be disrupted that the st-st would seek to disrupt the matches primarily by getting onto the pitch was very well known and the specifics of how that was to be done were less important for policing purposes therefore the utility of the SDS to the
00:20:26 therefore the utility of the SDS to the policing of the large STS demonstrations was minimal and certainly did not justify the methods employed by the SDS I now move on
00:20:37 I now move on to the issue of disproportionate reporting
00:20:44 reporting the inquiry has seen evidence of very widespread recording of personal and private information about the core participants which went well beyond any conceivable public order concerns in relation to Ernest rodka reports were
00:20:55 relation to Ernest rodka reports were filed and sent to the security services containing personal information irrelevant to any public order concerns
00:21:07 irrelevant to any public order concerns these included the fact that he and his wife had had a child the fact that he had been unwell and was in hospital similarly under cover of officers reported the presence of Peter Haynes younger sisters both still children at the time at meetings of the young
00:21:20 the time at meetings of the young liberals in his parents home again this information was copied to the security service
00:21:26 service this information is not unusual but in many ways is typical of the sorts of information collected beyond their involvement in the anti-apartheid struggle there are
00:21:37 anti-apartheid struggle there are numerous reports relating to the core participants I represent attending public meetings of an entirely conventional political nature these are meetings which should have been free from State surveillance
00:21:49 from State surveillance in 1975 an intelligence report is made of a public meeting held by the Battersea Redevelopment group attended by 150 people including Ernest rodka that meeting is simply part of a local campaign relating to Redevelopment of a
00:22:04 campaign relating to Redevelopment of a fun fair attended by residents and local politicians again it is just concerning to note that the information is sent to the security services an SDS intelligence report from 1980 also lists the names of people
00:22:23 also lists the names of people identified at being present outside a conference center Wembley Middlesex where the labor party is holding a special conference Peter Hayne attended that conference in his role as a delegate from the Putney labor party branch and he took his two
00:22:37 labor party branch and he took his two sons to the crest there there is simply no legitimate reason for the SDS to collect this data
00:22:43 we submit that the opinion of undercover offices towards their managers in relation to the collection of personal information can be seen in the oral evidence of hn298
00:22:55 evidence of hn298 referring to the views of the office and admin and people in charge towards his attendance at meetings in the front room of Peter Haynes family home where Peter Haynes sisters were reported to be in attendance
00:23:06 attendance hn298 said I think probably in relation to this kind of thing they're actually to frightened of these things they happen and they're confronted with them and
00:23:20 and they're confronted with them and they we don't really want to make waves and this is how these things work they don't want you to make waves but when they're confronted with it they're in essence obliged to go along with it
00:23:31 it's important to note that when SDS managers did seek to provide Direction on tasking many SDS managers state that decisions came from outside the SDS
00:23:44 decisions came from outside the SDS either from sea squad in special Branch or either directly or indirectly from the security services as Boomer SDS manager Jeff Kraft stated the branch was the legs of the security service
00:23:53 service so the picture presented is of SDS of officers adopting an unfiltered approach to the recording of private information the managers taking a reactive approach
00:24:05 the managers taking a reactive approach to what was recorded and feeling obliged to go along with it or fear of Making Waves and when they do seek to influence the tasking of officers it is subject to inappropriate influence from the security service
00:24:19 security service in any event no proper justification has been provided for the type of personal information which was collected by the SDS on the core participants
00:24:30 SDS on the core participants the means of collecting such information often involved entering their family homes by deception that serve no legitimate police and purpose and there is no Legal Foundation for collecting the information and the inquiry is
00:24:41 the information and the inquiry is invited to find that it should not have been recorded
00:24:48 I turn now to the topic of political influence on SDs tasking operations documents disclosed in module 2 from the cabinet office from Kevin office records demonstrate that concerns that were
00:25:06 demonstrate that concerns that were raised at the highest political levels over the anti-apartheid movement and stop the 72 campaigns and it appears the SDS reports were provided to meet these openly political influences
00:25:19 influences there were a number of secret committees formed at the highest levels which focused on subversion these included the official committee on subversion at home and a variety of others
00:25:28 others many of those who sat on the Committees had knowledge of the SDS and the Committees also sought to promote the Gathering of Intelligence on groups which they with which they were concerned
00:25:38 concerned this these committees played a keen interest in both the anti-apartheid movements and the stopless energy tour minutes of the uh Commission on subversion at home meeting in on the
00:25:54 subversion at home meeting in on the 21st of March 1970 contain a detailed report on the planned stsd demonstrations it ends with the statement that quote the security security service will keep in close
00:26:07 security service will keep in close touch with the home office in order to advise on the deployment of police resources at demonstrations
00:26:19 resources at demonstrations similarly at notes for the 10th of March 1970 uh state so Burke Trend may may like to ask the home office and the security service for an up-to-date report on the cricket tour prospects and the development of measures to contain demonstrations and that is accompanied by a a briefing
00:26:32 and that is accompanied by a a briefing note entitled stop the 70 tour committee which gives details of the National Conference held in March of 1970 and that is the conference that was attended by Mike Ferguson in his role as an SDS
00:26:45 by Mike Ferguson in his role as an SDS officer again that report was provided to the security services and appears
00:27:00 to the security services and appears that that information has been passed on to the subversion of Home committee now there is debate in the cabinet office records over appropriate definitions of subversion and
00:27:02 and some of the minutiae of the uh the proposed definitions has gone through but what is
00:27:15 but what is um clear from the definitions of adopted is that they are not limited to those who use unlawful means for achieving their aims or those which actually will potentially posed any thought sort of threat to the British state irrespective of the particular
00:27:30 irrespective of the particular definitions of subversion what does not appear to have been considered is why the security at home committee was taking such a keen interest in the stop the 70 tour an anti-apartheid protests these were campaigns which were focused
00:27:44 these were campaigns which were focused on ending apartheid in South Africa they did not have any intention to overthrow the British State on any definition of subversion even on the wide definitions adopted by some of the Committees
00:27:55 adopted by some of the Committees similarly if the definitions of Lord had learning or Lord Harris were adopted there is no basis on which the sdst and the anti-apartheid movement fall within the remit of the various subversion
00:28:07 the remit of the various subversion committees there is hence no legitimate reason why the SDS should have been involved in providing reports on the stst to those committees
00:28:22 stst to those committees the fact is a request for targeting was made to special branch by the security service did not provide a lawful basis for complying with it if the request for targeting fell outside the policing remit of special branch
00:28:39 remit of special branch then the police officers were obliged to refuse to comply with it that is the details of that is state are set out in the written version of this clothing statement
00:28:58 but it is quite clear that very little questioning was taken by special Branch to requests for information from the security service and they were more than happy to go along with request for information in relation to the anti-apartheid movement and the stst
00:29:12 and the stst it is clear that as well as the home office and the security service the former foreign and Commonwealth office were represented on the various committees in relation to subversion
00:29:23 committees in relation to subversion given the community's interest in the anti-apartheid movement this raises questions over the extent to which the government's interests abroad influence the focus of the subversion committee an in Consequence the provision of
00:29:34 in Consequence the provision of information from both the security service and Metropolitan Police Special
00:29:45 service and Metropolitan Police Special branch and ultimately the SDS and these issues tie in with concerns that have been raised by the Corp participants throughout the inquiry documents from the cabin office cabinet's office now show the influence of Cold War anxiety about communism
00:29:56 of Cold War anxiety about communism informing the motivation of the security service
00:29:57 service the records show pervasive concern with Communism which spread into other areas of elect of alleged subversion there were a myriad of different communities all of which emphasized a
00:30:13 communities all of which emphasized a policy of secrecy as the minutes minutes of the first meeting of the official group supporting the ministerial committee on Suburban State and I quote the existence of these groups both ministerial and official fit in no circumstances be allowed to become known
00:30:27 circumstances be allowed to become known the trend in expanding coverage of these groups is summarized in a report relating to the information research Department from decree States from 1974.
00:30:40 from decree States from 1974. and I set out the quote in full in the in the written document but it's uh states that over the years the units has evolved an expertise uh in viewing the subversive threats in their context and
00:30:51 subversive threats in their context and seeking to counter them by disseminating factual immaterial to carefully selected recipients and it goes on to talk about the
00:31:04 and it goes on to talk about the broadening of of the movements from 1969 to embrace all domestic subversive activities it now the section now also watches such activities as those represented by student protests black power terrorism and Irish extremism
00:31:20 power terrorism and Irish extremism Lord Hane has repeatedly emphasized in his evidence that the British State's response to the anti-apartheid movement must be viewed through the perspective of the Cold War as he stated in is all evidence to the inquiry the Cold War
00:31:31 evidence to the inquiry the Cold War prison through which the anti-apartheid struggle was seen was a very big part of the context in which we worked but it was the South African apartheid state that presented itself as a boardwalk
00:31:42 that presented itself as a boardwalk against communism in its own language and it suited its purpose purposes that Washington and London and Berlin and Paris and Rome saw it as part of a
00:31:53 Paris and Rome saw it as part of a contest between the Soviet Union and the Democratic West saw it as being on the side of the democratic West when in fact it wasn't a democratic regime the very opposite it went against all the principles of democracy including not
00:32:04 principles of democracy including not having a democracy because the majority were not allowed to participate or vote and were denied the most Elementary human rights
00:32:16 human rights Lord Haynes provided the inquiry with a special Branch report from 1970 which is entitled the final of a series of reports regarding the stock the 1972 committee
00:32:24 committee the report refers to quote discrete inquiries into Haynes background end
00:32:37 inquiries into Haynes background end quote and makes a number of false claims including that his mother was quote one of the leading members of the South African Communist Party and that his father was quote active in the South African Communist party and
00:32:48 the South African Communist party and their lord health is Lord Hayne himself was quote closely associated with the South African Communist Party as Lord Haynes stated in his witness statement it is clear that this information must have been provided by
00:33:01 information must have been provided by the South African Security Services the South African Bureau of State security targeted groups campaigning against apartheid both inside and outside South Africa they were active in London in the
00:33:15 Africa they were active in London in the 70s and 80s and targets included the ANC and the anti-apartheid movement this document when viewed alongside the interests of the Committees referred to in the cabinet office records illustrates the clear liaison and influence between the UK security
00:33:30 influence between the UK security service and counterparts in South Africa the product of which fed into special Branch reports the anti-apartheid movement in the UK was of course part of a worldwide campaign and sprang from the
00:33:41 campaign and sprang from the anti-apartheid movement in South Africa including the ANC Christopher Gurney Obe has provided the inquiry with details of how the movement was targeted in the UK including a series of break-ins in the 1960s the
00:33:54 series of break-ins in the 1960s the theft of membership records from the anti-apartheid movements offers in the early 1970s and an arson attack on the anti-apartheid movement office in the
00:34:07 anti-apartheid movement office in the 1980s these incidents should be viewed alongside the bombing of the anc's London office in 1982. the South African angle of some of these matters were explored in the report to the Truth and Reconciliation Committee in South Africa
00:34:19 in South Africa the cabinet of office records show a continued interest in actions taken opposing the apartheid regime in South
00:34:31 opposing the apartheid regime in South Africa in this context the potential for influence on SDs targeting by the interests of the Committees on subversion cannot be ignored
00:34:38 the cabinet office records also provide a historical link with State surveillance before the SDS era there are similarities in the SDS targets from 1968 with groups that were of interest
00:34:52 1968 with groups that were of interest to the security services from the 1950s onwards
00:34:55 onwards anti-militarism and peace campaigns from the 1950s and 60s were of interest to the predecessors of the Committees on subversion there is reference to the committee of 100 being a target for the security service in the in in a paper
00:35:08 security service in the in in a paper refer with dated 1967 and a note from the secretary of the official committee on communism
00:35:19 on communism Ernest rodka was active in the committee of 100. and she's notable that in documents relating to Ernest Rodger's prosecution at the star and garter demonstration which I will refer to you later he is described
00:35:32 later he is described by MD Roger as follows quote this man vodka has been a thorn in the flesh for several years now being had no fewer than 14 Court appearances
00:35:47 had no fewer than 14 Court appearances prior to 1963 called offenses involving public disorder the continuity of interest in the Committees on subversion and their
00:36:02 Committees on subversion and their predecessors suggest the explanation of why he was targeted in the SDS era and why he appeared to have attracted so much attention including reports as has been stated on his involvement in conventional campaigning groups and the collection of personal and private information about him
00:36:18 this is the burden at home committee records also show a keen interest in student demonstrations the London School of Economics is specifically mentioned in a security service memorandum from 1970 provided to this subversion at home committee
00:36:35 this subversion at home committee and I I quote here firms and individuals with investments in South Africa have been under attack for a long time it will be recalled that this was the issue that first started the troubles in the London School of economics and the issue has had new life breathing to it by the
00:36:49 has had new life breathing to it by the springboks tour and the forthcoming tour of the South African cricket team this summer
00:36:55 summer Professor rosenhead was an academic at the London School of Economics at the time the particular interests of the version at home Committee in student demonstrations therefore provides a
00:37:08 demonstrations therefore provides a motivation for his targeting by the SDS over and above his involvement in the stop the 70 tour it is notable that several SDS reports concerns meetings that were held at Professor Rosen head's
00:37:24 that were held at Professor Rosen head's office in the London School of economics again this suggests an influence from the committee's on subversion on SDs targeting
00:37:26 targeting it is also clear that even when the formal targets of the SDS had moved on from the anti-apartheid campaign and the stop the 70 tour the anti-apartheid
00:37:37 stop the 70 tour the anti-apartheid movement remained of interest to the security service the SDS were aware of this interest and appeared to have been collecting information on the anti-apartheid movement sometimes on behalf of the
00:37:50 movement sometimes on behalf of the security service well into the 1980s the political interest shown in the cabinet office records adds a further Dimension to this influence
00:38:04 the influence of the Committees on suburb on the SDS and that and its targeting is also evident in groups other than the angel apartheid movement for example the workers revolutionary party and its
00:38:18 workers revolutionary party and its predecessor the Socialist labor League are referenced throughout the cabinet office records repeated reference is made to connections between the wrp and the entertainment industry documents record that the wrp has attracted to it's a small number of
00:38:34 attracted to it's a small number of talented writers directors and producers whose abilities are exploited in its interest in television drama members of the wrp produce work containing elements of trotsky's propaganda at the same time the wrp has a wide
00:38:45 at the same time the wrp has a wide range of contacts in the media through whom trotsky's influence may be brought to bear in the reporting of news and current affairs
00:38:56 it is important to clarify that the work produced by the wrp members was emphatically not foxke's propaganda the professional credentials of those wrp members working in film and
00:39:10 wrp members working in film and television was of the highest order professional work they produced consisted of high quality and imaginative films and television dramas the content of which was determined on artistic Merit alone the quality of their work was often given full
00:39:26 their work was often given full recognition from independent critics and award bodies and the the written state statement of Roy Battersby sets out examples of the sorts of awards and recognition which he in particular received
00:39:43 the same documents from the cabinet office also refer to the exclusion of subversings or so-called subversives from the higher ranks of the Civil Service the concerns and methods of the Committees on subversion are mirrored in the concerns of Roy Battersby Who as a as uh knows he's a film
00:40:00 Who as a as uh knows he's a film director and was a a wrp member and was who was blacklisted by the BBC as outlined in his in evidence to the inquiry
00:40:10 inquiry the wrp was well recognized by the SDS as not using violence and not being a threat to public order it was clearly not a subversive organization standing general election candidates for example
00:40:25 general election candidates for example however it was nevertheless targeted by the SDS despite misgivings by some managers
00:40:31 managers indeed in 1979 DCI Mike Ferguson who is then a senior SDS officer stated in response to a security service request for coverage of the wrp and I quote although the wrp was not considered to
00:40:45 although the wrp was not considered to be a law and order problem nevertheless he was ready to put a source into the wrp if this would legitimately act as a stepping stone for penetration of an SDS Target
00:40:59 Target it was clear that the SDS was involved in targeting the wrp at the behest of the security services for reasons unrelated to any proper policing purpose the continued interest in the wrp by the committee's on subversion further
00:41:11 committee's on subversion further confirms the political influence on SDs targeting
00:41:21 targeting and finally in relation to the wrp it's worth examining some of the actions of the SDS in relation to the lwrp in closer detail for example it is known that hn298 Mike Scott attended the wrp education center white Meadows in February of 1976.
00:41:39 white Meadows in February of 1976. and this was contrary to the wishes of Deputy assistant commissioner Gilbert and at hn 3030 Peter Collins
00:41:48 the purported explanation for his attendance at White Meadows contrary to
00:42:00 attendance at White Meadows contrary to his his authorization was that there was not time to communicate the withdrawal of the authorization to him before he attended on the basis that he was invited to attend actual notice this explanation was criticized by Liz Lester in her oral evidence who explained that wrp members invited to
00:42:14 explained that wrp members invited to what attend white Meadows would regden declined to attend at short notice is due to work family or other personal communities without attracting any undue attention
00:42:20 attention into the cancellation of the authorization should have been Community communicated to hn298 before leaving for white Meadows and had this Implement he could easily have withdrawn from
00:42:33 could easily have withdrawn from attending without attracting any adverse attention
00:42:33 attention it's regrettable that due to the late edition of Liz Lester as a witness and her lack of core participant status this point could not have been put to hn298 when he gave evidence
00:42:55 the white Meadows Conference Center was also previously subject to a police raid in September of 1975. a home office paper written in 1980 describes this as a raid on the workers
00:43:10 describes this as a raid on the workers revolutionary party on the advice of the security service but much against the advice of the Metropolitan Police Special branch The Raid was covered by The Observer newspaper who had been tipped off prior to the raid occurring and a printed report critical of the and the Observer
00:43:23 report critical of the and the Observer print today reports critical of the wrp there are clear parallels with the references to the use of adverse media coverage against purported subversive organizations as recommended by the committee's on subversion
00:43:36 committee's on subversion the context of the way of the raid in on white matters is described in Roy battersby's witness statement it is important to consider the wider picture which we now get from the cabinet office records in particular the committee is on subversion
00:43:56 the cabinet office records confirm concerns over entryism and labor MPS by the wrp around the time of the raid this ties in with SDS reporting by hn298 in the East Ham sub-district of the wrp in 1975 which addressed a campaign to
00:44:09 in 1975 which addressed a campaign to oust the sitting labor MP reg Prentice the cabinet office also confirmed that quote dissemination and leakage of
00:44:20 quote dissemination and leakage of information was a recognized method of counter subversion we can then see special Branch documents which show that there were meetings between the editor of the Observer newspaper and special branch in the days before the White House read the
00:44:33 before the White House read the newspaper was tipped off about the raid before it took place this led to a campaign by the wrp around the raid and the Observer reporting importantly the timing of the raid came just before the 75th labor party
00:44:50 just before the 75th labor party conference at which red Apprentice MP was due to make a speech against his deselection by his local party in this wider context the political influence on the SDS operations take on a far more significant role
00:45:02 a far more significant role what the reports from the capital office records show is the level of political interest in many of the groups targeted by the SDS particularly in circumstances where the SDS was ultimately dependent on the home office for funding this
00:45:16 on the home office for funding this gives rise to very real concerns over political influence on SDs targeting
00:45:31 including this section on political targeting I wish to return to those groups campaigning against apartheid and for racial equality more widely
00:45:40 widely in response to criticism of targeting of the anti-apartheid movements both the Metropolitan Police and the designated lawyer group have stated that the police were required to remain neutral in political matters
00:45:51 political matters as the designated lawyer stated in his closing statement on Monday the right to demonstrate peacefully is a right of all citizens whatever political view unless they are prescribed organizations
00:46:03 they are prescribed organizations and that the police were obliged to treat the far left and the far right in the same way I wish to make three points in response
00:46:21 first as a matter of law there is no equivalence between freedom of expression or political opinion and hate speech many of the opponents of the anti-partheid movement stop the CMD tour and later the anti-nazi league were seeking to uphold and avowedly racist
00:46:33 seeking to uphold and avowedly racist system of government perpetrating gross abuses of the human rights of the majority of black population of South Africa similarly far-right groups opposed to the antinarts in the worst bouncing racial hatred
00:46:44 bouncing racial hatred this the principle of the lack of equivalence between political speech and hate speech Finds Its modern expression in the European Convention of Human Rights and the limits of Articles 10 and 11 in relation to hate speech and
00:47:00 11 in relation to hate speech and actions with violence intent but even looking at domestic law at the time under the race relations act 1965 promoting racial hatred was a criminal offense
00:47:09 offense therefore where the conduct of those those who were opposed to people campaigning on issues of racial equality hell within hate speech it simply lacks
00:47:24 hell within hate speech it simply lacks the legal protection that is granted to the anti-apartheid movement the anti-nazine and others second
00:47:25 second as a matter of fact the SDS did not appear to concern itself with ensuring political neutrality or avoiding taking sides in this in a dispute there are few
00:47:36 sides in this in a dispute there are few documents from the SDF that suggest that this was a factor which entered into the consideration of the SDS in deciding whether to Target the anti-apartheid
00:47:48 whether to Target the anti-apartheid movement or how far such surveillance should go
00:47:53 should go putting forward the suggestion that the SDS was required to remain politically neutral as a reason why the anti-apartheid movement was targeted or why there were no limits put on the infiltration of the anti-apartheid movement or sdst is an ex post facto
00:48:06 movement or sdst is an ex post facto justification that is not reflected in the contemporaneous evidence and third and most importantly this line of argument that the police were required to remain neutral simply
00:48:17 required to remain neutral simply ignores the fact that the SDS was already highly politicized in its targeting
00:48:26 targeting it is clear that the clear line of influence from the cabinet office committees on subversion through the security services two special branch in the STS show a clear political influence in its targeting and its work
00:48:38 in its targeting and its work there are repeated references in the cabinets documents to concerns about protests targeting firms and businesses with South African connections there are no countervailing concerns
00:48:50 there are no countervailing concerns raised about the need for the British state to stand up for racial equality and to combat racism there are no cultivating concerns raised about the targeting of the ANC and the
00:49:02 targeting of the ANC and the anti-partheid movement and those campaigning against apartheid South Africa
00:49:07 Africa the response to to the by the Metropolitan Police on the Reliance on police neutrality
00:49:18 police neutrality is there therefore as follows if only the SDS had been politically neutral if then then we would not have seen them targeting groups in the manner that they did
00:49:33 did the core participants repeat what was said in their opening statement the trans1 phase two the targeting of groups campaigning against the South African apartheid regime appears hard to justify because
00:49:45 regime appears hard to justify because it is hard to justify this is not simply a present-day perspective it was unacceptable conduct even judged by the standards of that time these were political campaigns on issues of
00:49:56 political campaigns on issues of worldwide significance they deserve to remain free from the influence of undercover police officers the decision to Target Lord Peter Hayne Professor rosenhead Christopher Gurney OB and
00:50:11 rosenhead Christopher Gurney OB and Ernest Rucker her surveillance as they campaigned against apartheid and to approach what they were doing as a threat to public order at democracy and bridging Society was a political choice and involved the STS
00:50:26 political choice and involved the STS taking a political approach to its work in doing so the SDS made a serious and Grave error in the way it treated the anti-apartheid movement this inquiry should confirm that error as a matter of historical record if there is ever to be
00:50:38 historical record if there is ever to be confidence in a surveillance system that went badly awry and to ensure similar errors do not occur in the future
00:50:51 so I intend now to move on to cases of miscarriages of Justice and principally the star and garter prosecution on the 17th of January of 2023
00:51:04 on the 17th of January of 2023 more than 50 years after they were first convicted the Crown Court at Kingston upon Thames upheld the appeals bought by Jonathan rosenhead Christopher Gurney and Ernest Walker her offenses are
00:51:16 and Ernest Walker her offenses are rising out of the demonstration at the star and garter hotel in 1972. these appeals followed the inquiry's referral of the matter to the panel considering cases of miscarriage of
00:51:31 considering cases of miscarriage of Justice who then made an onward referral to the criminal cases review commission who in turn referred the case to the Crown Court the core participants welcomed the chair's referral of the star on Garcia demonstration to the panel over concerns that the prosecution constituted an affront to Justice they endorsed the
00:51:43 affront to Justice they endorsed the chair's comment that the prosecutor in the court were deliberately misled about hn298's identity and role in the events which it was considering referrals from the criminal cases review
00:51:54 referrals from the criminal cases review commission to the Crown Court operate as a re-hearing given the age of the case I think it was clearly impossible for the crown prosecution service to prosecute
00:52:10 crown prosecution service to prosecute the appeal and the appeals were allowed without the Crown Court being required to make any factual findings however when allowing the peels
00:52:18 his honor judge Lauder King's Council stated in open court that quote it is important to recognize that in the Judgment of the CCRC there were substantial grounds for finding an
00:52:33 substantial grounds for finding an abusive process we do not resolve from that in any way whatsoever it is regrettable that none of the others convicted of the sarangasa demonstration appear to have been contacted by either the inquiry or the CCRC these remaining convictions
00:52:48 the CCRC these remaining convictions appear to be unsafe just like those that have already been caught moreover the core participants are unaware of any attempt to correct the record of conviction from mortlake
00:53:02 record of conviction from mortlake magistrates courts to replace the false name given by hn298 which is known to refer to another person who is still living with ancient Knight it should of course be replaced with hn298's real details
00:53:10 details it is submitted that as well as referring the convictions of Rodger rosenhead and Gurney to the panel it is important for the inquiry to consider
00:53:23 important for the inquiry to consider the following matters when assessing the issue of miscarriages of Justice within the inquiries terms of reference I do not intend to repeat the detail which is provided in the um in the
00:53:41 which is provided in the um in the written document I will simply give the headline points the first is that the factual innocence of those who were protesting at the star on garter the second is the lack of prior authorization to hn298 to participate in the demonstration or any demonstrations
00:53:57 the demonstration or any demonstrations of that type the system of authorization both as a particular and general level was entirely ineffective if not non-existent third concerns the lack of disclosure of hn298's
00:54:03 hn298's um
00:54:04 um true role
00:54:07 true role fourth is misleading the court
00:54:15 fifth is breach of legal privilege the core participants also ask the inquiry to make findings concerning the role of SDS Management in the decisions that led to the star and guard to
00:54:28 that led to the star and guard to prosecutions even a cursory examination of the evidence shows that the matters referred to above were done with the full knowledge and even encouragement of the SDS management again I don't propose to rehearse the details which are in the written submission and simply to note that the
00:54:42 submission and simply to note that the star and garter matter was referred to the to assistant commissioner level within the Metropolitan Police within days of arresting charge far from being critical of hn298 Senior
00:54:54 far from being critical of hn298 Senior Management praised his quotes refreshing initiative the court proceedings were considered by the management in a mem in a memo in which the only concern raised was quote
00:55:06 which the only concern raised was quote embarrassment to the police if his true identity should ever be disclosed it appears that the Metropolitan Police have managed to avoid such embarrassments until this inquiry began to look into matters
00:55:25 this poor participants can submit that the management at all levels within the STS and the higher ranks of special Branch were aware of and approved the plan for hn298 to participate in criminal proceedings without disclosing his true identity it is further
00:55:41 his true identity it is further submitted that no concerns were held by SDS managers over misleading the court breaching legal privilege or for any other consequence Beyond reputational damage to the promise and the inquiry is respectfully invited to make relevant findings in line with these missions
00:55:59 so I turn now to issue of later prosecutions and as
00:56:02 and as submitted in the opening statements for earlier phases of charge one the star and God's prosecution set the template for the policy of total secrecy around the involvement of undercover offices in the criminal justice process
00:56:13 the criminal justice process the policy against disclosure and the lack of concern for legal privilege also appears to have been embedded in the tradecraft manual similar concerns about a lack of disclosure to defense and prosecution
00:56:25 disclosure to defense and prosecution can be seen in the prosecution of hn13 and Desmond will Barry loader in 1977. and I set out details in the written
00:56:39 and I set out details in the written submission about two occasions on which he was arrested and prosecuted for public order matters on both occasions the documents show that no disclosure was made to the defense of prosecution that an undercover officer was involved in the case in any way
00:56:51 case in any way what is disclosed in the document is that a court official appears to have been told that hn13 was an informant that the police wished to safeguard from a prison sentence
00:57:05 a prison sentence however seeking a reduction of sentence for an informant on the basis of assistance given to the police is very different from disclosing to the court as a dependent currently placed in trial at alongside others is in fact an
00:57:16 at alongside others is in fact an undercover police officer and it does not remedy the Integrity of the trial process
00:57:24 process it's against these documents that the oral evidence of hn34 Jeff Kraft must be assessed
00:57:34 assessed at hn34 signed off two reports relating to the prosecution of 1813 later documents post-date his time in the SDS in his written rule 9 statement hn34 denied any recollection of the
00:57:45 denied any recollection of the prosecution of 1813 dating explicitly I have no recollection obvious at all I do not remember going to court for agent 13.
00:58:01 13. however surely shortly before the oral hearings hn34 indicated that he did recall him the incident no further witness statement was provided but in all evidence he stated that he briefed the magistrates that hn 13 was an
00:58:12 the magistrates that hn 13 was an undercover officer working in his undercover name and that it was a secret operation and that he would maintain that name assuming in the court court proceedings and he States his concern was because he was arrested with other
00:58:25 was because he was arrested with other people who like to make public display and there's a chance we might pick up in the dark and behave badly and would be obliged to maintain his cover to join in with that
00:58:36 with that against
00:58:44 the details are provided in the written document and I don't propose to rehearse them here
00:58:49 them here but it is notable that the oral evidence of agent 34 was only given following opening statements where submissions were made that disclosure to a court
00:59:00 were made that disclosure to a court official asset happened in the written documents fell short of what was required to ensure repair trial it is also clear that the oral evidence of hm34 has the following weaknesses first it's unsupported by
00:59:14 first it's unsupported by contemporaneous documents there is no reference in the contemporaneous documents that a magistrate was told anything about hn13's true role
00:59:27 anything about hn13's true role the chronology provided by 1834 does not appear to my actuality set out in budgeting documents the number of Court officials spoken to again does not match what he set out in the written documents the contents of
00:59:41 the written documents the contents of the disclosure does not match what is set out in the vision documents the written documents refer simply to the a quarter visual being told hn13 is an informant in fact in relation to one of
00:59:55 informant in fact in relation to one of the prosecutions it's it states that the defendant was not particularly identified as amongst the group of defendants before the court fifthly the motivation for the
01:00:09 fifthly the motivation for the disclosure provided in all evidence does not reflect what's in the written records
01:00:10 records and sixth the general level of recollection of hn34 of events does not appear to be strong doesn't appear to be able to give evidence about any other
01:00:25 able to give evidence about any other matter other than his statement that he recalled speaking to a magistrate the fact that this evidence came out late in the day without any updated written
01:00:38 the day without any updated written statement has meant that there has been a limited opportunity in order to test his recollection but for the reasons given in the written document the inquiry is invited to reject the all evidence of hn34 that a
01:00:51 reject the all evidence of hn34 that a magistrate was told that action 13 was an undercover officer in any event there is no evidence that any magistrate was spoken to in relation to the later prosecution of hn13 at camberwell Green magistrates Court
01:01:07 magistrates Court in relation to this but all the written documents refer to are that a court official is told in relation to both prosecutions it's clear that no disclosure over hn13's role was made to the prosecution there was hence no means for the
01:01:21 there was hence no means for the prosecution to consider whether there was other material which would have fallen to be disclosed to the defense if they had been aware of h13's true role or to consider the public interest in continuing the prosecution and this is particularly concerning in relation to
01:01:33 particularly concerning in relation to prosecution for charges that appear to arise from incidents involving excessive ports from uniformed offices in any event it is not accepted that informing a magistrate even assuming
01:01:49 informing a magistrate even assuming this was the trial judge that hn13 was an undercover officer is sufficient disclosure to ensure a fair trial the court was not told whether hn13 was going to go on to give true evidence or whether what he said in court would be a
01:02:09 whether what he said in court would be a continuation of his undercover role this has again particular significance in relation to the context of offenses arising from excessive force by uniformed officers so there's a bit this disclosure given in the manner suggested by hn34 it is
01:02:20 in the manner suggested by hn34 it is submitted is not sufficient to remedy the Integrity of the trial process stepping back in the details of what was said to the cause of visuals in these cases what is clear is that the only
01:02:33 cases what is clear is that the only concerns raised by the managers in the STS are over maintaining operational secrecy of the STS and protecting hn13 from a prison sentence no concerns are raised by anyone in
01:02:45 no concerns are raised by anyone in relation to the fairness of the Court proceeding or the impact on the co-defendants who assuming the SDS managers for it fears for hn13 were correct appear to be facing a real risk of imprisonment
01:03:00 of imprisonment the focus this focus is shared by hn34 in is all evidence but whatever he said to the court his
01:03:11 but whatever he said to the court his motivation is simply to protect hn13 and not over ensuring the Integrity of the trial process again the fact that an undercover officer was facing criminal proceedings was communicated to very serious man very senior managers within a special
01:03:25 very senior managers within a special Branch again details on in the written closing but the matters were communicated right up to the commissioner of the metal roles
01:03:36 commissioner of the metal roles at all stages the only concerns raised are for the well-being of hn13 and maintaining the secrecy of the SDS no concerns over any other aspects of the Criminal Justice System
01:03:47 the Criminal Justice System these findings are mirrored in the review of possible miscarriages of Justice carried out by Mark Ellison QC and Allison Morgan in 2015. as they say
01:03:58 and Allison Morgan in 2015. as they say that they have seen nothing to indicate during the era from 1968 to 1989 when the home office funded the SDs that the potential impact of the policy of total secrecy might have on criminal
01:04:10 secrecy might have on criminal prosecutions of activists with ever considered with a picture emerging from the evidence of charge one is that SDS management are aware of undercover
01:04:22 management are aware of undercover offices facing criminal charges but then actively and promote and supports the policy of total secrecy without regard for any impact beyond the SDS itself the policy of total secrecy had the
01:04:34 the policy of total secrecy had the capacity to erode faith in the criminal justice system it was a template set down by the prosecutions considered in charge one and picked up in later decades it should be a central concern of this inquiry
01:04:45 of this inquiry not all the identities that those defendants prosecuted alongside agent 13 have been made public whilst these convictions were subjects of a short report by the CPS for
01:04:56 of a short report by the CPS for operation Shea no referral of the convictions appears to have been made to the CCRC
01:05:04 the CCRC the core participants asked that the convictions are referred for consideration by the panel concern considering miscarriages of Justice
01:05:16 I now wish to make a few brief statements in conclusion and in concluding the core participants returned to the questions which they invited the inquiry to address in their initial opening statements and these are
01:05:30 initial opening statements and these are what was the purpose of the surveillance online in the first place was the purpose legitimate even if one of the purposes put forward was ostensibly legitimate was there a different illegitimate and true purpose was the
01:05:43 illegitimate and true purpose was the purpose tainted by political motivations was it tainted by racism or other prejudices is the purpose that is now being presented no more than an ex post facto justification and was the purpose even clear at the time
01:05:58 even clear at the time two was there an appropriate legal and supervisory framework for that surveillance that includes what was the framework is there any evidence of the framework at the time was the framework followed
01:06:09 followed how was the legal and supervisory framework avoided or exploited by officers and supervisors and why did the framework not fulfill its purpose to protect the rights of these core participants
01:06:21 these core participants thirdly was the activity carried out pursuant to the surveillance necessary in proportions what threat if any posed by what was the threat if any posed by
01:06:34 by what was the threat if any posed by those placed under surveillance and was the level of intrusion or the unlawful activity pursuant to that surveillance justifiable following the hearing of evidence and transform the core participants submit
01:06:45 transform the core participants submit that the answers to these questions in the trans1 era are clear one there was no legitimate purpose behind the surveillance of these Corp participants
01:06:56 participants two the legal and supervisory framework was wholly inadequate if not non-existent and three the surveillance activity was a grossly disproportionate interference with their private lives and legitimate political campaign
01:07:11 and legitimate political campaign sir thank you very much unless I can be a fairly assistance thank you very much for your submissions you've come comfortably within the time that you allowed yourself thank you we will now resume at 10 past
01:07:24 thank you we will now resume at 10 past three uh from Wales with uh Miss heaven
01:20:27 Miss heaven good afternoon sir I just deleted myself I'm afraid you've got the graveyard slot you were the last person on the last day of the suspicions yes okay thank you very much
01:20:39 yes okay thank you very much so these oral closing submissions are made to assist you in preparation of the
01:20:52 made to assist you in preparation of the tranche one interim report they are made on behalf of the cooperating non-police non-state Corps participants who have expressed a view on these matters detailed written clothing submissions have also been submitted and will be published shortly on the inquiries website the written submissions of
01:21:05 website the written submissions of course and deal with the evidence in much more detail um than I can cover today so for over 40 years the Metropolitan Police Service and the British
01:21:16 Police Service and the British government remained silent and actively sought to keep hidden from public scrutiny the unlawful illegitimate and anti-democratic system of state-sponsored Espionage that was
01:21:28 state-sponsored Espionage that was carried out by British police officers across the United Kingdom the fact that for decades the police were engaged in politically motivated policing that primarily targeted the
01:21:41 policing that primarily targeted the left was an embarrassment and hence a closely guarded Secret the abhorrent practices that took place were only brought to public attention when the courageous women deceived into
01:21:58 when the courageous women deceived into sexual and close personal relationships with undercover officers exposed those officers and spoke about what had happened to them it is important sir that you publicly acknowledge these facts and record that it was the actions of courageous
01:22:11 it was the actions of courageous individuals rather than the state that allowed the truth about the unlawful activities of the SDS to be exposed since then those affected by undercover policing which is not just limited to
01:22:27 policing which is not just limited to the norm police state Corps participants have faced an unrelenting fight for truth justice and accountability they have faced resistance from the state and policing institutions at every stage
01:22:37 stage there has been a deliberate and concerted attempt to prevent the public and the non-please state Corps participants from understanding the true extent of the state's wrongdoings
01:22:51 extent of the state's wrongdoings whether it be through the suspected destruction of evidence restricting disclosure or an apparent refusal to tell the truth every investigation to date has either been frustrated or resulted in
01:23:08 been frustrated or resulted in inadequate incomplete and unsatisfactory conclusions it should not be forgotten that the Metropolitan Police Service have failed to disclose vital incriminating information on their police spying
01:23:21 information on their police spying operations to another public inquiry the McPherson inquiry the facts under investigation by this public inquiry or a national scandal the devastation caused by what occurred
01:23:34 devastation caused by what occurred during the tranche one era and Beyond must not be underestimated lives have been destroyed identities have been stolen individuals have faced a lifetime of unemployment and poverty
01:23:48 unemployment and poverty those Seeking Justice including against the actions of the state have been undermined and the legal system has been damaged
01:23:55 damaged they've undoubtedly been numerous miscarriages of justice and public trust in policing has been broken the damage continues thousands of
01:24:10 the damage continues thousands of individuals have had their most private activities reported on and their data stolen by the state when on the 6th of March 2014 the then Home Secretary Theresa May announced this public inquiry to Parliament she felt able to clearly assert that what
01:24:22 felt able to clearly assert that what had been discovered about the SDS was profoundly shocking and quote will be of grave concern to everyone in the house and Beyond
01:24:33 and Beyond the non-please state Corps participants agree it should not be forgotten that although the terms of reference for Mark Ellison KC who first investigated the
01:24:45 Ellison KC who first investigated the SDS were limited what he discovered from the information at his disposal which was limited raised concerns about the SDs that went far wider
01:24:59 SDs that went far wider the evidence before this inquiry raises significant concerns that go even further
01:25:06 further the primary purpose of this inquiry is to establish quote Justice for the families and victims and make recommendations for future operations and policing practice
01:25:18 and policing practice however in doing so this inquiry must also play a fundamental role in repairing the damage caused by undercover policing to restore public trust and ensure that the public and the state understand what went wrong and why so that the right lessons are learned
01:25:39 so that the right lessons are learned the findings of this inquiry for tranche one could not come at a more important time in both the United Kingdom and around the world this inquiry and user have a unique and privileged opportunity to inform the future of undercover policing and public debate this is no small task
01:25:55 debate this is no small task for example in the last few weeks it has emerged that Spain is facing its own undercover policing scandal it seems that two undercover police officers have recently recently been identified infiltrating various groups considered
01:26:06 infiltrating various groups considered to be on the political left and one had at least eight sexual relationships with women
01:26:13 women so the world is watching this inquiry in this countries you know public trust and confidence in policing and in the Metropolitan Police Service in
01:26:26 Metropolitan Police Service in particular is at an all-time low the Metropolitan Police Service as an institution has already been found to be institutionally racist and corrupt and
01:26:37 institutionally racist and corrupt and marred by a culture of toxic masculinity misogyny sexual harassment and rape much of the misogyny that still affects policing today particularly in the Metropolitan Police Service as its roots
01:26:51 Metropolitan Police Service as its roots in the history of their policing and the abhorrent practices and culture that infected the Metropolitan Police Service during and following the tranche one ERA this has been powerfully and comprehensively demonstrated to be the
01:27:03 comprehensively demonstrated to be the case in the Britain and oral submission submitted on behalf of category H which you heard yesterday
01:27:17 against this background there is widespread concern about the future of undercover policing the covert human intelligence sources criminal conduct act 2021 received Royal Ascent on the
01:27:29 act 2021 received Royal Ascent on the 1st of March 2021 the cheers act as it's colloquially known provides for an Express power to authorize undercover
01:27:41 Express power to authorize undercover law enforcement agents to commit crimes including those of the most serious nature in the undertaking of their duties
01:27:43 duties the available justifications for criminal activities provided by the statute include the prevention or detection of crime or prevention of disorder and necessity in the interests
01:27:57 disorder and necessity in the interests of the economic well-being of the United Kingdom
01:28:00 Kingdom the serious abuses that the non-police state Corps participants have experienced at the hands of undercover police officers are a stark reminder of the potential consequences of the
01:28:12 the potential consequences of the expansion of covert surveillance powers without sufficient accountability against this background it's even more important that the inquiry fully and fearlessly exposes what went wrong
01:28:24 fearlessly exposes what went wrong within the Metropolitan Police Service and the SDS and why so that the correct lessons are learned from tranche one the starting point in restoring public
01:28:39 the starting point in restoring public trust is that the state and the police must acknowledge the indisputable and lawfulness and illegitimacy of the SDS and it's undercover operations and open
01:28:52 and it's undercover operations and open itself up to honest public scrutiny and accountability so far in this inquiry the police have gone to Great Lengths to restrict and hide from public view the names and
01:29:08 hide from public view the names and identities of former SDS police officers and managers together with huge swathes of information including the names of
01:29:19 of information including the names of many of the groups spied upon by the SDS the non-police state Corp participants note that recently two relatives of a deceased child whose identities were stolen by the SDS Undercovers also had their identities restricted
01:29:30 their identities restricted the non-police state Corp participants are aware sir that you have been challenged in the courts we do not know who has challenged you but we are fairly certain any challenges were brought to
01:29:43 certain any challenges were brought to further disclosure available for public scrutiny in this inquiry of note the non-please state Corps participants do not know the full extent to which the home office has sought to
01:29:55 to which the home office has sought to restrict information disclosed to this inquiry
01:30:05 now that the evidence has concluded for trance one it is deeply concerning and regrettable that certain parts of the state are still no closer to fully acknowledging what went wrong and why the non-please state Corp participants and the public have still not been
01:30:19 and the public have still not been provided with Folsom and unqualified apologies
01:30:24 apologies it is not correct to assert as the home office do that they had limited direct involvement with the SDS in tranche 1. the home office funded and approved the establishment of the SDS not only that
01:30:41 establishment of the SDS not only that senior home office officials allowed the SDS to continue whilst fully appreciating that the vast majority of its operations were unjustified and potentially unlawful
01:30:54 potentially unlawful despite this the home office is still refusing to publicly accept responsibility for what the SDS did in tranche 1. rather the home office seeks to distance itself from the worst
01:31:11 to distance itself from the worst behaviors of SDS Undercovers by claiming that it did not know what was going on so the home office was the relevant police Authority for the Metropolitan Police Service it is not good enough for it to Simply say that politicians and home office
01:31:24 say that politicians and home office civil servants were blind to the worst excesses of the SDS the norm police state Corp participants
01:31:35 the norm police state Corp participants remained skeptical and believed that the home office and its employees knew and know a lot more than it is willing to admit or disclose however if this really is the position then sir you should make it clear that this was a catastrophic failure of governance by the home office
01:31:53 governance by the home office either way this inquiry should condemn the use by the home office of this tactic of plausible deniability in terms of the Metropolitan Police Service the non-please state Corps participants were disappointed to read their closing submissions
01:32:05 their closing submissions there is no getting away from the fact that the Metropolitan Police Service is still seeking to defend the SDS and much of its undercover operations
01:32:19 of its undercover operations as we have heard the Metropolitan Police Service is disputing the independent view of your Council to the inquiry and is seeking to persuade you sir that you cannot make clear findings on the lawful justification for the SDS and its
01:32:32 justification for the SDS and its undercover operations we urge you to reject these submissions they are simply wrong for all the reasons
01:32:44 wrong for all the reasons um we and your Council for the inquiry have already set out in written submissions as we've heard sir the Metropolitan Police Service is also still refusing to provide a fulsome and unqualified apology for all aspects of SDS
01:32:55 apology for all aspects of SDS undercover operations and Reporting the non-police state Corps participants therefore call on the government
01:33:08 therefore call on the government including the home office the security service and the Metropolitan Police Service to formally admit and take responsibility for all the abuses of fundamental human and Democratic rights that occurred at the hands of the SDS
01:33:23 that occurred at the hands of the SDS this must also include an acknowledgment of the devastating and Lasting effect the SDS has had on individuals members of the public and British democracy
01:33:35 of the public and British democracy the non-police state Corps participants also call on the government the home office the security services and the Metropolitan Police Service to reconsider their attempts to restrict
01:33:50 reconsider their attempts to restrict the public scrutiny of documents before this inquiry as it moves to later tranches
01:33:53 tranches so ensuring accountability and in the words of Theresa May quote the greatest possible scrutiny um into what has taken place so this will require you to be bold and robust
01:34:08 will require you to be bold and robust in recording and identifying precisely what went wrong and why so you will need to make clear findings on where responsibility lies including at the highest political levels
01:34:21 at the highest political levels now you will need to be so very clear in identifying the political influence exercised not only by the home office but crucially by the cabinet office and other government departments
01:34:35 other government departments and their combined role in facilitating the establishment of the SDS and maintaining its secrecy this must also include findings in relation to the influence and role played by the security service in
01:34:47 played by the security service in seeking to Outsource key tasks to an unaccountable policing unit it must also include an analysis of what was known by the various Prime Ministers of the day
01:35:01 of the day so that this inquiry has so far declined to investigate the office of the Prime Minister
01:35:08 Minister it is inconceivable that the fact of the SDS and the nature of its undercover operations was not known about and sanctioned by each prime minister in trance one establishing the state of knowledge of his Majesty's government is a requirement of the terms of reference
01:35:24 requirement of the terms of reference this must include the prime ministers imposed at the relevant time it is therefore essential that this inquiry follows the chain of knowledge
01:35:38 inquiry follows the chain of knowledge about the SDS and its successor unit the mpoiu all the way to the top this is an area that will need to be robustly explored by the inquiry entrance too
01:35:48 so as you know the unashamedly political policing practices of the SDS and its successor unit the mpoiu continued for at least 40 years it therefore came as some surprise to the non-police state
01:35:59 some surprise to the non-police state Corps participants when they read the Metropolitan Police service's closing submissions and the assertion that SDS undercover operations quote would not occur now applying modern policing
01:36:22 occur now applying modern policing standards and under the current legal and policy framework post Ripper and that by modern standards the SDS deployments in this period are unjustifiable and in quotes as you know sir the abhorrent practices from cranchone did survive the passing into law of the regulation of the
01:36:37 into law of the regulation of the introductory Powers Act 2000 regulation made no difference the non-police state Corp participants consider that um in these transform closing submissions the Metropolitan Police Service have now finally accepted that
01:36:50 Service have now finally accepted that the mpoiu and its undercover operations were unjustifiable and that unit should have been disbanded the non-police state court participants hope that this
01:37:01 court participants hope that this admission will inform the Metropolitan Police Services approach to tranche 2. the non-please state Corp participants have always suspected and maintained
01:37:12 have always suspected and maintained that the SDS was not fundamentally about managing and policing public disorder or detecting or combating crime
01:37:23 detecting or combating crime rather it was a political policing unit that was dominated at times by the demands of the security service and heavily influenced by governmental
01:37:34 heavily influenced by governmental paranoia about so-called subversion and the political left the normal police state Corps participants maintain that this provides the true explanation as to why the SDS was allowed to continue and why the
01:37:46 was allowed to continue and why the aborough practices flourished long after tranche one at the conclusion of the evidence the non-police state Corps participants had been Vindicated and shown to be right
01:37:58 been Vindicated and shown to be right the disclosure before this inquiry puts Beyond any doubt that from the outset the SDS was deliberately and knowingly
01:38:09 the SDS was deliberately and knowingly designed to be a secret policing unit to avoid independent Democratic scrutiny and oversight the home office and home secretaries in tranche 1 not only knew this fact but they also made clear that the funding
01:38:25 they also made clear that the funding and survival of the SDS was contingent upon the total secrecy to avoid political embarrassment not only that as you will know sir decisions were taken by certain senior
01:38:40 decisions were taken by certain senior civil servants to conceal the existence of the SDS whilst at the same time the public were being reassured that any surveillance including data collection of those politically active on the left did not happen
01:38:52 did not happen at the same time police managers within the MPS and SDS knew encouraged and covered up obviously unlawful conduct and misconduct by undercover officers and misled the courts
01:39:03 and misled the courts they developed a boring tradecraft practices which became embedded within the SDS and the mpoiu secrecy prevailed Above All Else including the rule of law
01:39:15 including the rule of law there was no adequate system of operational governance or oversight of the SDS at any level including
01:39:26 the SDS at any level including operational governance of the SDS by the home office the Metropolitan Police Service and by the SDS managers Her Majesty or his Majesty's Chief Inspector of constabury failed to provide independent oversight
01:39:37 failed to provide independent oversight and at times went even further than the police ensuring that special branch and the SDS activities remained shielded from scrutiny
01:39:48 from scrutiny so you are therefore requested to unequivocally find that from the moment of its Inception the SDS was an unjustified and profoundly
01:40:01 unjustified and profoundly anti-democratic undercover policing unit and that senior politicians civil servants and Senior police officers
01:40:12 servants and Senior police officers realized at the time that what they were doing probably did not have any lawful justification you are also requested to find that SDS operations were motivated by political and economic objectives and targeted
01:40:25 and economic objectives and targeted Civil Society on the political left wing and in doing so attacked undermined and violated the fundamental and Democratic rights of citizens to engage in freedom
01:40:37 rights of citizens to engage in freedom of expression political thought assembly and Association so you also asked to recognize and record that there were many missed opportunities and occasions when the
01:40:53 opportunities and occasions when the state couldn't should have revealed the existence of the SDS to ensure wider public scrutiny the northern police state Corp participants assert that if this had happened the SDS would have been disbanded so the failure to take such steps has
01:41:06 so the failure to take such steps has led to yet more Devastation and Trauma for a wide range of individuals and groups whose voices are still to be heard by this inquiry
01:41:16 it's also important so that you've acknowledge that those targeted by the SDS were not subversive they were simply exercising their fundamental human and
01:41:27 exercising their fundamental human and Democratic rights which were protected in law
01:41:28 in law these rights were enshrined in law precisely because Parliament and the courts recognized that individuals exercising such rights needed protection often against the state and those
01:41:40 often against the state and those seeking to preserve the status quo it also ought to be recognized that it was the job of the police to protect such rights and enforce the law in the
01:41:52 such rights and enforce the law in the face of pressure from the government of the day
01:41:57 the day the Judgment of the investigatory Powers tribunal in the Kate Wilson case puts Beyond doubt that the type of undercover policing operations used by the SDS and later units violated these fundamental
01:42:12 later units violated these fundamental human rights including the right not to be subject to inhuman and degrading treatment the right to private and family life and freedoms of expression assembly and Association finally so we also ask you to reflect on
01:42:25 finally so we also ask you to reflect on the fact that the non-police state Corps participants put simply were on the right side of history in their campaigns against for example apartheid uh against apartheid racism sexism
01:42:37 uh against apartheid racism sexism blacklisting and the fight for Trade union rights and adequate pay protection of the environment and animals and police accountability
01:42:52 so I now want to deal with missed opportunities briefly there are a number of key watershed moments in the tranche one era when there are crucial missed opportunities
01:43:03 there are crucial missed opportunities for members of the government Whitehall and the MPS to review and disband the SDS and bring an end to its methods and tradecraft the non-police state Corps participants
01:43:14 the non-police state Corps participants contend that the fact that this did not happen is highly significant the missed opportunities and how the state responded to those moments must remain at the front and center of your
01:43:26 remain at the front and center of your mind when considering the findings for tranche one this is because they will give you a valuable insight into the reasons why the SDS was able to exist for so long
01:43:37 the SDS was able to exist for so long they also begin to illustrate the extent to which institutions of the state either turned a blind eye to the SDS or were deliberately complicit in shielding the unit from public scrutiny
01:43:48 the unit from public scrutiny the first missed opportunity was the Lord's Garmin public inquiry into the public disorder at Red Lion Square on the 15th of June 1974.
01:44:01 the 15th of June 1974. the events at Redline Square on this day are of huge significance to the non-police state Corps participants one of the demonstrators Kevin gateley died
01:44:10 died policing tactics adopted on the day including the deployment of the special Patrol group were used at subsequent demonstrations including in Southall in 1979 when bet Blair Peach was killed
01:44:26 1979 when bet Blair Peach was killed following a Blow To The Head from an SPG officer
01:44:33 officer the events are also of significance to this inquiry which is concerned with judicial oversight of undercover policing the non-police state Corp participants in their written closing submissions have provided the inquiry
01:44:46 submissions have provided the inquiry with a document located in the National Archives by the undercover research group
01:44:51 group this document appears to show that prior to or during the public inquiry Lord Scanlon was told about the methods used by the SDS in a note and then in a
01:45:05 by the SDS in a note and then in a private discussion and then he was asked not to reveal these message messages in the inquiry The Document Speaks to itself so I'll read it out could I ask please for the inquiry to put the document up on screen it's doc 110 thank you
01:45:17 if we could just go to the first page
01:45:34 that as we can see from the first page this is um an undated document and it's self-explanatory but it relates to the red line Square inquiry there's a bundle of documents which contain notes and meetings and as we can see it remain
01:45:48 meetings and as we can see it remain closed and secret until 2005. so if we could just go over to the next page please
01:45:52 please so this is the document that I'm just going to read into the record it's entitled confidential and it's a a note or a letter from a Mr Bell file to dhj Hillary uh from dhj Hillary of f4
01:46:09 Hillary uh from dhj Hillary of f4 Division and just so that we're clear Mr belfile was the Secretary of the Red Lion Square inquiry and it says as follows Mr bellfall as I've mentioned to you plain clothes police officers get information about demonstrations and
01:46:27 information about demonstrations and extremist organizations by methods which it is Essential should not be revealed the police files about the red line Square demonstration contain references to these methods
01:46:39 to these methods Sir Arthur Peterson has instructed me to indicate this difficulty to law Justice
01:46:48 indicate this difficulty to law Justice scar men and I should be grateful if you would place this note before him I have also mentioned the difficulty to Sir Henry Ware so just pausing there um just for the record in case others
01:47:00 um just for the record in case others don't know Sir Arthur Peterson was the permanent under Secretary of State at the home office at this time and we understand sir Henry Ware was the treasury solicitor and the note goes on the solicitor to the Metropolitan Police
01:47:11 the solicitor to the Metropolitan Police is seeking the deputy treasury is seeing the deputy treasury solicitor at noon tomorrow and we'll discuss the matter then Mr Hall will then be able to inform Lord scarmon nor Justice scam and sorry
01:47:22 Lord scarmon nor Justice scam and sorry of the difficulty in Greater detail and as I've said it's signed off dhj Hillary of um F4 division of Metropolitan who
01:47:34 of um F4 division of Metropolitan who reaches the Metropolitan Police Service thank you very much we can take that down now
01:47:37 down now yeah
01:47:38 yeah so as you can see sir interrupting was heaven but uh this document is uh you've put this in and
01:47:49 document is uh you've put this in and this is the first time that it's been um discussed
01:47:51 discussed um it is not clear from the language
01:48:02 um it is not clear from the language that the author is referring to the SDS it is not the language is consistent with him referring to the SDS to the Gathering of intelligence by other means available to special Branch traditionally
01:48:13 traditionally or both
01:48:14 or both yes sir and I'll come I'll come I'm going to say some words about that but I think that must be fair um
01:48:23 um so as you can see so in 1974 The NPS and this list is on direct instructions from a senior minister in the home office and with the involvement of
01:48:34 with the involvement of um the treasury solicitor who was the solicitor for this inquiry and he instigated a private briefing of Lord scarmon to persuade him to investigate
01:48:45 scarmon to persuade him to investigate the fact that quote plain close police officers get information about demonstrations in extremist organizations by methods which is it is Essential should not um be revealed the non-police state
01:48:57 um be revealed the non-police state Corps participants contend that the only sensible explanation is that this description must at the very least refer to the SDS and of course it could relate as well to other methods as you've just indicated
01:49:11 indicated so no one could sensibly suggest that the SDS and its operations were not relevant to Lord scam's public inquiry into Redline Square the presence of the SDS undercover officers and the nature of its
01:49:22 officers and the nature of its undercover operations fell squarely within Lords garmin's terms of reference which were to review the events and actions which led to the disorder in Redline Square on the 15th of June and
01:49:36 Redline Square on the 15th of June and to consider whether any lessons may be learned for the better maintenance of public order when demonstrations take place
01:49:45 place as part of this inquiry Lord scarmon was tasked not only with Gathering eyewitness accounts but also to understand whether lessons may be learned in managing public order in the future
01:49:57 future this was the apparent justification for the existence of the SDS surely if the unit was not doing what it was tasked to do Lord scarmon needed to know
01:50:06 know so the document that I've just read out um from the police files about Red Lion Square does suggest that the sensitive material is within the red line Square file
01:50:19 file now so coming on to the query that you or the point that you've just made this inquiry knows that the SDS was targeting and Reporting on groups
01:50:31 targeting and Reporting on groups present on the 15th of June 1974 prior to and during the protest in Red Lion Square SDS undercover officers provided advanced intelligence and quote gay forewarning of both the size of the
01:50:44 forewarning of both the size of the demonstration and the possible disorder which might occur hn34 Jeffrey Kraft told this inquiry that he thought SDS intelligence made a difference to the police response on the day
01:50:54 day at least two SDS office officers were present on the day and witnessed what had happened and one of those undercover officers was punched in the face by a
01:51:13 officers was punched in the face by a police officer in uniform and so this is why we say it's highly likely that the very minimum that Redline Square file would have contained um information and documents from the SDS and that the quote that I've read out must at least have included that
01:51:26 out must at least have included that material if not other material and other tactics being used on that day as well thank you none of this was investigated by law scarman in open proceedings there is no suggestion in roscommon's report
01:51:40 is no suggestion in roscommon's report of any closed session or closed material being given to the inquiry this was a significant missed opportunity had Lord scarmon investigated the SDS the SDS may have
01:51:55 investigated the SDS the SDS may have been exposed there is every possibility that the SDS would have been disbanded no doubt there would have been public exposure of how SDS intelligence made absolutely no difference to the police response on that day
01:52:09 response on that day covering up the existence of the SDS would have been much more difficult following judicial scrutiny in a public inquiry
01:52:15 inquiry so the non-please state Corp participants have long suspected that the Metropolitan Police Service have deliberately destroyed key reporting and documentation relevant to what happened
01:52:28 documentation relevant to what happened at the demonstrations in Red Lion square and at Southall the Metropolitan Police Service treasury solicitor and home office have failed to disclose to this inquiry any information on their private briefings to Lord
01:52:42 on their private briefings to Lord scarmon the norm police state Corps participants asked the inquiry to request all relevant evidence on this issue
01:52:48 issue the inquiries also requested to call evidence entrance to from Anthony speed and in light of his liaison role to Lord scarman and his comment in his witness
01:53:04 scarman and his comment in his witness statement to this inquiry that he would be surprised if Lord scarmon had not been told about the SDS it is important sir that you've established so far as possible why Lord scarmon did not investigate the SDS this
01:53:20 scarmon did not investigate the SDS this is particularly so given the findings of Mark Allison Casey in relation to the Stephen Lawrence inquiry a public inquiry that was not told about the SDS
01:53:27 the SDS questions must be asked and answered about the extent to which the SDS was
01:53:38 about the extent to which the SDS was protected from public scrutiny in yet another public inquiry and who was complicit in this the second missed opportunity came with the circulation of the special Branch report political extremism and the
01:53:52 report political extremism and the campaign for police accountability within the Metropolitan District in January 1983 the police accountability report is a special Branch report by sea squad that
01:54:04 Branch report by sea squad that evidences the targeting and Reporting on the elected leadership of the greater London Council and Justice and defense organizations campaigning for police accountability within the London area so the norm police state Corps
01:54:15 so the norm police state Corps participants endorse the comprehensive critique of this document set out yesterday in the closing submissions made on behalf of senior stubs in brief the police accountability reported a
01:54:27 the police accountability reported a significant document in scope and size totaling 100 pages it contains extensive personal and financial information including information about the greater London
01:54:41 information about the greater London Council and key individuals some of whom are core participants in this inquiry such as Ken Livingston the report triggered outrage in the home office and clearly represented a crucial opportunity for senior home office civil servants to reign in the metropolitan
01:54:56 servants to reign in the metropolitan police special branch and ask crucial questions about the undercover operations of the SDS and the uses of its intelligence there are clear examples where this police accountability report refers to
01:55:12 police accountability report refers to SDS reporting and quote secret sources however the real significance of the police accountability report is that it puts the home office on notice as to just how far the Metropolitan Police
01:55:25 just how far the Metropolitan Police Service was willing to go to protect itself
01:55:30 itself despite this the home office continued to fund a secret and unaccountable
01:55:42 to fund a secret and unaccountable Metropolitan Police spying unit with no or few questions asked this was a significant missed opportunity in the history of the SDS there is now substantial evidence before the inquiry on the extent to which the
01:55:56 the inquiry on the extent to which the special Branch were willing to engage in unlawful State surveillance and utilize the SDS in targeting campaigns Seeking Justice and police accountability under the mantle of so-called subversion
01:56:10 the mantle of so-called subversion not only must this be reflected in your findings for tranche one the inquiry must now explore in tranche 2 the implications of the police accountability report and the apparent intention of the Metropolitan Police Service to set up a police
01:56:25 Service to set up a police accountability monitoring unit within the force
01:56:26 the force the inquiry must investigate whether there is any connection between this monitoring unit and the Target or targeting of police accountability
01:56:45 targeting of police accountability campaigns entrance one and tranchely and Beyond including category G the family of Stephen Lawrence Dwayne Brooks Obe and Michael Mansfield Casey
01:56:54 the third missed opportunity is the report and the draft report of the home Affairs select committee into special branches of the 23rd of January 1985. the home Affairs select committee investigation provided a crucial opportunity for the home office
01:57:06 opportunity for the home office and the MPS to be honest about their activities and open themselves up to democratic scrutiny and accountability in relation to the SDS
01:57:17 in relation to the SDS it is a matter of historical fact that the final um
01:57:23 um committee report recorded that public anxiety about the work of special branches in England Wales was not justified
01:57:31 justified player short MP and Mr David winick MP both of whom are still alive came to a different view they prepared a draft report making clear but in their view they were satisfied quote that political surveillance is carried
01:57:51 that political surveillance is carried out by the special branches often at the request of the intelligence services against those who in no way wish to undermine or destroy parliamentary democracy or threaten the well-being of the state
01:58:00 the state now Council the inquiry have stated in their clothing submissions that parliamentary privilege prevents you from making critical findings on the evidence given to the home Affairs Select Committee however the home Affairs select
01:58:12 however the home Affairs select committee is of real significance to this inquiry and as you know sir the non-please state Corps participants have legitimate concerns arising from the
01:58:24 legitimate concerns arising from the disclosure of the home Affairs select committee papers so given the importance of this issue to your terms of reference and given the fact that it actually falls
01:58:36 fact that it actually falls um after the tranche one period the non-police state Corp participants proposed that this issue is dealt with in slower time in tranche too but so at this stage we note the following it is not a breach of parliamentary privilege
01:58:48 not a breach of parliamentary privilege for you to record and make reference to parliamentary proceedings as Undisputed proof of a historical fact and for your reference sir this can be found in
01:59:04 reference sir this can be found in Erskine May at paragraph 16 18 to 1622. the non-police state Corp participants ask that you do not completely disregard and exclude from your mind what you have read and know to be true
01:59:17 read and know to be true it is a matter of historical fact that the existence of the SDS and its undercover operations does not appear in the evidence given to the home Affairs Select Committee so if you're any doubt about this historical fact
01:59:30 historical fact then an obvious step would be to obtain witness evidence from Claire short and David winick so that they can tell this inquiry what if anything they knew about the SDS and its methods during tranche one and tranche 2.
01:59:43 one and tranche 2. as has been stated by Council of the inquiry in their closing submissions for tranche one the concerns raised within the home office about the counter-subversion work of special Branch's role represented a missed
02:00:02 Branch's role represented a missed opportunity to act on those concerns so this opportunity was missed largely because the home office under some influence from the security service was preoccupied with covering up the
02:00:14 preoccupied with covering up the problematic State surveillance of so-called potentially subversive individuals by special branch the documents show that the home office wanted to ensure that special branch es could continue with this work
02:00:25 es could continue with this work the duplicitous approach taken by the home office to the re-drafting of the 1970 special Branch terms of reference which became the 1984 guidelines
02:00:36 which became the 1984 guidelines is linked in various ways to the home Affairs select committee these are all
02:00:48 Affairs select committee these are all matters upon which the non-police state Corps participants will wish to make further submissions in advance of tranche 2. now so I just want to say very few words on each of the specific aspects of your terms of reference
02:01:00 terms of reference as you know so detailed written clothing submissions suggest to you that you should make a number of factual findings as being open to you on the evidence in respect of tranche one I will read some
02:01:13 respect of tranche one I will read some of those suggested findings shortly for the brief explanation time permitting but just by way of General comments sir the non-please state Corp participants ask you to record as many of these
02:01:28 ask you to record as many of these factual findings as possible or findings of a similar nature however you choose to express them you're also asked to reflect the findings contended for by other non-state co-participant categories who've made detail written in oral
02:01:41 who've made detail written in oral representations you will understand sir that the non-police state Corps participants have been waiting a very long time for answers and accountability and it's therefore important that
02:01:53 and it's therefore important that findings are as detailed as possible so the non-police state Corp participants contend that the following findings are supported by the evidence before this inquiry in trance one in terms of motivation for undercover
02:02:09 in terms of motivation for undercover policing operations and these are the findings the non-police state Corp participants ask you to record the SDS was established so that the state could Monitor and record the
02:02:21 state could Monitor and record the exercise of fundamental human Democratic rights including freedoms of expression and political thought of assembly and political Association of members of the public so you do have these in our written document just so you know the
02:02:32 document just so you know the individuals and groups targeted by the SDS were largely on the political left wing and or perceived to be on the political left wing they were targeted because of their beliefs and activities
02:02:49 because of their beliefs and activities as opposed to any real subvertive threat subversive threat and or participation in serious crime the SDS was not a rogue unit it was a political policing unit that came under the umbrella of The Wider secret state
02:03:02 the umbrella of The Wider secret state um the SDS activities were motivated by motivated by political and economic objectives rather than any lawfully justifiable legitimate policing purpose and so just by way of brief brief
02:03:16 and so just by way of brief brief explanation and we've discussed in our written submissions the history of political policing in the United Kingdom and we've referred you to what we say is an important book written by a core participant Tony Bunyan on the history
02:03:31 participant Tony Bunyan on the history of and practice of the political police in Britain so as you will of course appreciate the history and of political policing is important in the context of this inquiry undercover political policing
02:03:44 political policing and the secret state did not suddenly come into existence in 1968. state Powers have been used as early as 1790s to Target groups and individuals threatening to disrupt the political status quo
02:03:56 political status quo and the Metropolitan Police Special Branch predates the formation of MI5 um in 1909 and in the Europe prior to
02:04:09 um in 1909 and in the Europe prior to tranche 1 Metropolitan Police Special Branch led the way in targeting and monitoring and so-called subversive elements in British Society
02:04:21 elements in British Society the Metropolitan Police Special branch has always been well integrated and a leader within the secret state the politics and the LIE behind the creation of the SDS have been comprehensively dealt with in both the opening and closing submissions made by
02:04:37 opening and closing submissions made by Mr Rajiv Menon Casey on behalf of Tarak Ali Ernie Tate and piers corbyn and we simply add that the SDS from the moment of its creation was not politically neutral
02:04:48 politically neutral the election of Ted Heath heralded an intensifying political paranoia around subversion which was often in the documents found lacking by civil
02:04:59 documents found lacking by civil servants in the statement of the security service witness said to this inquiry we learned that the pressure to investigate subversive organizations
02:05:11 investigate subversive organizations quote often came from the Prime Minister and Whitehall the cabinet office documents recently disclosed to this inquiry into the court participants
02:05:22 participants show that the SDS whilst the brainchild of Conrad Dixon was highly likely to have been considered and co-opted as part of a broader campaign to counter subversion in the United Kingdom in the words of your Council to the inquiry
02:05:43 words of your Council to the inquiry which we endorse the SDS did not operate in a vacuum nor was it a rogue unit it was one part of a larger intelligence gathering apparatus which gathered intelligence about political activities on what was termed the extreme left
02:05:58 on what was termed the extreme left now so I just want to briefly touch upon the findings that we ask you to make on the scope of undercover policings and they are as follows and they are replicated in our written document SDS undercover policing operations targeted and had an impact on members of the
02:06:11 and had an impact on members of the public across England and Wales police spies from the SDS used faults and stolen identities to invade private homes violate the intimacy of
02:06:23 homes violate the intimacy of private life and personal lives and to unveagle their way into personal and private dealings of individuals groups and communities in tranche one there's evidence that the
02:06:34 in tranche one there's evidence that the SDS intentionally targeted the following group's individuals and that this was known about and sanctioned by managers political organizations and politicians trade unions and Trade union members
02:06:48 trade unions and Trade union members Justice and defense campaigns including campaigns focused on police accountability lawyers children political activists and social and environmental activists I'll come on in a moment to just say a few brief words
02:07:00 a moment to just say a few brief words in relation to each of those groups but before I do that I'll just summarize the propositions in relation to the effect of undercover policing so so we ask you to consider making findings along these
02:07:19 to consider making findings along these lines as a direct and indirect result of SDS undercover operations the state interfered with and disrupted the exercise of fundamental human and Democratic rights by members of the public
02:07:29 public these fundamental human and Democratic rights and the impact on those rights um were rarely uh were rarely if ever considered by politicians and Senior
02:07:42 considered by politicians and Senior civil servants in government including the home office cabinet office by the security service senior police officers in the Metropolitan Police Service or SDS managers
02:07:54 SDS managers the SDS gathered vast quantities of data including highly confidential information about people's private lives and their relationships including medical and financial information and information relating to membership of
02:08:05 information relating to membership of and support for political organizations and groups the data was stored in police files and shared with the security
02:08:18 files and shared with the security service employers and other shadowy customers government agencies and private entities there was no consideration as to whether this information was relevant to SDS operations or the right to privacy
02:08:30 operations or the right to privacy State SDS state-sponsored Espionage had a devastating and lasting impact on society individual members of the public their communities and families of undercover officers lives and livelihoods were destroyed
02:08:46 livelihoods were destroyed the identities of dead children were stolen leading to deep trauma for bereaved families members of the public were assaulted and betrayed into false intimate personal relationships including being deceived into having sexual intercourse and
02:08:59 into having sexual intercourse and intimate contact with them to cover officers without informed consent bereaved individuals campaigning for justice and those defending their rights often against police abuses were
02:09:10 often against police abuses were deliberately targeted and had their campaigns and right to legal advice violated
02:09:19 violated courts were misled and the justice system was undermined groups and individuals exercising their Democratic rights were interfered with and disrupted
02:09:31 and disrupted the Metropolitan Police Service through the SDS established policing practices and tradecraft that were criminal and lawful and abhorrent and these practices went uncharged for at least 40 years
02:09:43 went uncharged for at least 40 years democracy policing legitimacy and public trust have been undermined by the SDS and there have been continued attempts by the the MPS and certain branches of
02:09:56 by the the MPS and certain branches of the state to conceal the true nature and extend to the SDS operations and SDS tradecraft so the effect of SDS undercover policing operations on certain non-state core participants has been set out in a
02:10:08 participants has been set out in a number of opening and closing statements to this inquiry you've also heard some oral evidence and received some witness statements however the reality is that there are many individuals and members
02:10:20 there are many individuals and members of the public who have been affected by SDS undercover policing whose voices have not and will not be heard it is
02:10:31 have not and will not be heard it is hoped that in tranche 2 the inquiry will seek to hear as many of these voices as possible
02:10:32 possible so I've already largely dealt with his Majesty's government state of awareness in my introduction but the finding I'll just read it out that we have submitted to you in writing is as follows the SDS
02:10:45 to you in writing is as follows the SDS was known about by home secretaries and Senior civil servants holding office in tranche one and it's inconceivable that successive Prime Ministers during transuan did not know about the SDS
02:11:06 I'll now turn to the issue of justification of undercover policing so you must address the issue of lawfulness but all the reasons set out on behalf of the category H core participants yesterday and I I won't
02:11:19 participants yesterday and I I won't repeat them now however it is important for me to make here today that the non police state core participants agree and endorse your Council to the inquiries view
02:11:29 view um which has been set out in some detail um but in particular I want to emphasize what that what is said about lawfulness
02:11:40 what that what is said about lawfulness of SDS operations being relevant to your terms of reference and it's as follows whether the methods used by undercover police officers were lawful is relevant to whether or not their work was
02:11:52 to whether or not their work was justified and to whether authorization operational governance training management and oversight were adequate similarly if undercover policing was
02:12:07 similarly if undercover policing was being conducted in an unlawful manner it will call into question the adequacy of strategy and policy guidance in particular so the Metropolitan Police Service and the designated um
02:12:14 um uh those website the designated officers in particular have gone to great efforts to emphasize the public order aspect of SDS undercover operations there is as
02:12:25 SDS undercover operations there is as you know a large measure of disagreement as to the extent to which the SDS was in fact concerned with public order the non-police state core participants in their analysis of the reporting have
02:12:38 their analysis of the reporting have struggled to find anything more than a tiny minority of reports that could be said to be tangentially relevant to public order in any event in respect of public order
02:12:52 in any event in respect of public order justification the non-police state Corps participants agree with your Council to the inquiry's closing submissions namely that quote the need for and value of the public order intelligence provided by the SDS was not an adequate
02:13:04 the SDS was not an adequate justification for the intrusion caused by the SDS model of long-term undercover policing in the tranche one era in respect of the subversion
02:13:19 in respect of the subversion justification the non-please state Corps participants also agree with your Council to the inquiries closing submissions namely that quote the groups infiltrated by the SDS were not subversive and that quote there is a strong case for concluding that they
02:13:31 strong case for concluding that they should have decided to disband the SDS so on this latter issue of justification
02:13:44 so on this latter issue of justification and subversion the non-please state Corp participants just remind you um of what appears in the contemporaneous home office disclosure um and you don't need to look at very much of this we say on this topic in
02:13:55 much of this we say on this topic in short the disclosure shows you that the permanent under Secretary of State at the home office and this individual was funding the SDS at the time was told in 1980 quote neither the present
02:14:06 1980 quote neither the present definition of subversion nor the 1970 terms of reference provide ministers or chief officers with a watertight basis I wish to justify the work of police
02:14:19 wish to justify the work of police officers investigating recording the activity of subversives so I mentioned home office accountability at the staff of these submissions the quotation that I've just read out constitutes in the non-please
02:14:33 read out constitutes in the non-please state Corps participants submission very clear evidence that senior home office civil servants were on notice that the SDS was probably engaging in unlawful and unjustified police surveillance
02:14:46 and unjustified police surveillance during the whole of the tranche one period and what we know from the evidence is on being told that no steps were taken to disband or even investigate the SDS
02:14:57 investigate the SDS the non-police state Corp participants therefore asks you to make the following findings
02:15:03 findings um I then well we want you to find uh the findings that I've already read out from your council's inquiry and alongside that we ask you to find the following
02:15:13 following there was insufficient justification for the establishment of the SDS and for SDS undercover policing operations between 1969 to 1982.
02:15:26 1969 to 1982. senior ministers and civil servants in the home office knew that the Metropolitan Police Service through the SDS was engaged in police surveillance work that was deeply problematic and probably not leading justifiable
02:15:41 probably not leading justifiable despite this senior ministers and civil servants and politicians in the home office and Senior metropolitan police police officers did not consider the
02:15:52 police officers did not consider the lawfulness of STS operations the legal rights of activists subject to surveillance or the affecting consequences of the type of secret policing and trade craft being conducted by the SDS
02:16:03 being conducted by the SDS SDS managers also gave these issues scant if any consideration and then finally the state deliberately took a duplicitous and secretive approach to redrafting the special branch and terms of reference or
02:16:19 branch and terms of reference or guidelines to ensure the continuation of unlawful State surveillance operations such as those being conducted by the SDS so very briefly in the context of justification I'll just make a few
02:16:33 justification I'll just make a few discrete points the Metropolitan Police Service in their closing submissions placed significant emphasis um during the transform era on the so-called British policing model which was described as striking a balance in
02:16:45 was described as striking a balance in the protection of rights that was more effective and more appropriate when compared to the model used in America the Metropolitan Police Service suggests and that this reflects the value of the SDS the public order policing
02:16:58 SDS the public order policing so we simply remind you that there is documentary evidence before the inquiry that in uh tranchua and the Federal Bureau of Investigations FBI in America and the Royal Canadian Mounted Police
02:17:15 and the Royal Canadian Mounted Police were exposed in the transform era for using covert surveillance policing tactics on the political left that was similar and in some cases identical to those being used by the SDS we can also see that those with
02:17:36 we can also see that those with managerial responsibility for the SDS in trance one were well aware that these policing tactics of their allies had been found to be unlawful anti-democratic and illegitimate in a western democracy in tranche one those same managers are on record in
02:17:49 those same managers are on record in tranche one expressing their worries and concerns that there could be similar exposure of their own policing tactics these International examples are relevant so as they do tend to run
02:18:03 relevant so as they do tend to run counter to the general defense of the SDS as put forward by the MPS and DL officers
02:18:04 officers in particular the concept that rights were very different in tranche one or that covert surveillance tactics on the left would not be called out as
02:18:17 left would not be called out as controversial for contemporaneous Public Policy reasons so these examples in particular show you that these arguments are not borne out by what had happened in America and Canada in the mid-1970s which was of
02:18:37 Canada in the mid-1970s which was of course at the height of the Cold War so I now turn to the adequacy of authorization and targeting of undercover policing the non-police state Corps participants
02:18:49 the non-police state Corps participants asked you to make the following findings the actions of the SDS were not subject to any of the strict controls as required by law for the type of surveillance engaged in by the SDS decision making and the authorization of targeting was subject to inadequate
02:19:05 targeting was subject to inadequate managerial control both within the SDS and by the senior MPS police officers SDS managers did not review the necessity or proportionality of SDS
02:19:16 necessity or proportionality of SDS operations and deployments either before or during the deployment feedback was not sought SDS and its targeting was influenced by demands from outside the SDS
02:19:28 demands from outside the SDS including from the security service The Wider special Branch the Metropolitan Police Service and other government agencies
02:19:30 agencies now the the non-police state court participants written submissions deal with the external influences on SDs operations including from the security service and one example of a bond
02:19:44 service and one example of a bond targeting and reporting that we've identified as you know relates to children and you'll recall the footage from the school kids against the Nazis that we played in our opening submissions in Toronto on phase two
02:19:55 submissions in Toronto on phase two you will have heard the submissions made on behalf of the DL officers about there
02:20:07 on behalf of the DL officers about there being nothing wrong with police officers targeting and Reporting on children and schools where they were being targeted by left-wing extremists the Metropolitan Police Service now suggests in their closing submissions
02:20:18 suggests in their closing submissions that children were reported on but it was for quote safeguarding or vulnerability assessments the MPS made the general submission on Monday that you should not judge the SDS
02:20:32 Monday that you should not judge the SDS by reference to the so-called modern era however this is exactly what the MPS is now doing in relation to reporting on children there is no evidence to suggest children were being reported on in France one for safeguarding or vulnerability reasons
02:20:46 vulnerability reasons in fact many would say there was no concept of safeguarding and vulnerability in the tranche one era after all this was before the introduction of the children Act 1989. in fact the protection of children
02:21:00 in fact the protection of children appears to have been of little concern children are routinely described in disparaging ways in SDS reporting and of course there's no reference to the Metropolitan Police Service of the fact that undercover officers were
02:21:14 that undercover officers were babysitting for children when Undercover the non-police state co-participants query y after all this time the MPS is still attempting to justify what is
02:21:25 still attempting to justify what is plainly abhorrent and disproportionate reporting of children this is unfortunately an example of how the MPS still appears to be trying to excuse some of the actions of the SDS the inquiry can now see that children
02:21:50 the inquiry can now see that children schools educational facilities they were all not being targeted because of some some concern for child radicalization rather it was the influence of the security services that noted this targeting
02:21:55 targeting however there's no evidence to suggest that senior officers or SDS managers ever questioned why schools school children teachers and higher education were deemed to be subversive this was surely a common sense inquiry
02:22:10 surely a common sense inquiry not to make it was a significant failing by SDS managers the inquiry can now see that the security service did in fact have some difficulty themselves in finding any actual subversion in education
02:22:32 actual subversion in education their 1972 document subversion in the UK for example include references to Dons exerting their subversive views in an influential way and the influence by unions on working conditions and paying education with the admission that quote the extent of subversive activities at school levels negligible
02:22:44 school levels negligible have the SDS managers ask the security services about subversion in education then presumably this is what they would have been told
02:22:57 have been told so I'll now briefly deal with targeting um and a number of topics the first is targeting of social justice and defense campaigns
02:23:03 campaigns doing tranche one the MPS developed a tradecraft to monitor Justice campaigns including defense campaigns and those campaigning for police accountability
02:23:15 campaigning for police accountability which we know continues into transfer to and later tranches the practice started almost as soon as the SDS was created with the vast majority of groups involved in some
02:23:30 majority of groups involved in some element of anti-racism campaigning and in particular with a focus on police racism and or brutality and police accountability by way of very limited example we see the black defense
02:23:44 example we see the black defense committee the Stephen McCarthy campaign from 1971 The Stoke Newington eight defense group in 1972 the Stephen McCarthy case is the first example
02:23:56 McCarthy case is the first example before the inquiry of the targeting of a Justice campaign arising from a death following police contact by 1983 the organization inquest which
02:24:07 by 1983 the organization inquest which was set up to campaign for truth justice and accountability in respect of deaths in custody appears in the police accountability report into the greater London Council SDS interests in Justice defense and police accountability campaigns
02:24:27 police accountability campaigns highlights that the folks of the SDS was not on serious crime but more about the political objectives of the groups reported on and in particular campaigners who sought to discredit or criticize the police
02:24:44 criticize the police intelligence was not just collected as a result of quote collateral intrusion as has been suggested by some undercover officers the SDS annual reports show that many groups were purposefully targeted for example to name a few the action Bangladesh and the afro-asian American Association
02:24:57 American Association elwar the Murray defense group The Hackney and Tower hamlets Defense committee persons are known the new one defense committee the Greenwich action committee against racist attacks and the southeast London
02:25:08 racist attacks and the southeast London action committee against racist attacks the Brixton defense committee groups such as the Stoke Newington and Hackney defense campaign were listed as groups that were quote directly penetrated or closely monitored
02:25:19 closely monitored a number of campaigns and individuals also had special Branch registry files and featured in SDS reporting including as you heard yesterday the Blair Peach campaign
02:25:39 campaign and we therefore ask you sir to consider making the following finding senior MPS and SDS managers knew about and authorized the targeting and infiltration of and Gathering of intelligence about Justice campaigns including defense campaigns and those
02:25:51 including defense campaigns and those campaigning for police accountability in order to gain a litigation Advantage so Discord Shield the police from criticism and to disrupt the lawful and legitimate activity of such groups
02:26:06 senior MPS and SDS managers gave no consideration to the possible impact of gathering intelligence in this way on legitimate Justice defense and police accountability campaigns and campaigners I now want to turn to the targeting of
02:26:17 I now want to turn to the targeting of members of parliament and other elected politicians very briefly there are many examples of SDS undercover officers
02:26:32 examples of SDS undercover officers reporting on elected politicians Within the material disclosed to the inquiry one of the most egregious examples relates to hm155 Phil Cooper who infiltrated the right to work campaign and obtained private documents and correspondence relating to the
02:26:45 correspondence relating to the organizers one of whom was asserting MP Ernie Roberts SDS manager hn68 Sean Lynch knew about this and he noted to the security service that quote Cooper's position within the right to work movement gives him regular access to
02:26:58 movement gives him regular access to Ernie Roberts MP and meetings at the House of Commons end of quote but no action was taken to bring this situation
02:27:09 action was taken to bring this situation to an end now so the Wilson Doctrine had been introduced in 1966 and it would have been fresh in everyone's Minds it prohibited the phone tapping of MPS however what actually is the difference in practice between the tapping of an
02:27:26 in practice between the tapping of an MP's phone and what hm155 was able to report on Ernie Roberts MP and his private conversations should he so wish there was no difference and this would have been obvious to SDS managers this one example sir gives you an
02:27:46 this one example sir gives you an insight into how these SDS managers saw themselves as above or exempt from the law and rules governing their conduct so we ask you to find that senior MPS and SDS managers knew that SDS undercover offices were deployed in
02:27:57 undercover offices were deployed in close proximity to elected politicians and on one occasion an MP in Parliament they knew that SDS undercover offices had access to private dealings of MPS
02:28:12 had access to private dealings of MPS elected representatives and political organizations including mainstream political parties and there was evidence of SDS reporting referencing MPS and
02:28:24 of SDS reporting referencing MPS and that such MPS had metaphors and police special Branch registry files senior MPS and SDS managers gave no consideration to the threat to democracy
02:28:37 consideration to the threat to democracy and the political and Democratic process um
02:28:40 um and the risk of the political Democratic process of SDS undercover police officers Gathering intelligence in close proximity to elected politicians and representatives and those involved in
02:28:52 representatives and those involved in lawful political activity they gave no consideration to whether in such circumstances the SDS was in breach of the Wilson Doctrine and targeting of trade unions sir and
02:29:04 and targeting of trade unions sir and just the following a few short points and in tranche one there is quote a growing focus on Industrial issues as referenced in the 1972 special Branch annual report
02:29:17 annual report and this forms a theme which runs on throughout the remainder of part 1. hn 299342 David Hughes notes that the perceived infiltration of trade unions
02:29:32 perceived infiltration of trade unions and the labor party by extreme political groups was of concern to special branch and the security service he described their work as follows the
02:29:43 he described their work as follows the SDS office would sometimes mention that senior MPS officers were meeting with the security service or the Home Secretary to discuss intelligence of this sort I understand there was a lot of high-level cooperation in relation to subversion within the disclosure in this inquiry
02:29:58 within the disclosure in this inquiry there are numerous SDS reports providing detailed information about trade unions and their members these include details of the organization's structure of trade unions planned campaigns and events and the response by political parties to
02:30:13 the response by political parties to anticipated strike action for example hn 80 Colin Clark even reported on a meeting at which a play concerning Trade union worker management participation schemes was performed
02:30:28 schemes was performed detailed information was also recorded about specific individuals including Union affiliation employers participation in non-union campaigns and the role of Stop Shop stewards
02:30:39 and the role of Stop Shop stewards much of the reporting focused on planned industrial action hn299342 David Hughes who joined the transport and general Workers Union explained
02:30:48 explained special Branch who are interested in the union due to concerns around quote entryism being employed by extreme political groups in organizations such as the TNG
02:31:04 as the TNG hn80 Colin Clark noted that information relating to tactics to be used at the grunwick industrial dispute watered interest special Branch as the dispute quote has significant public order
02:31:15 quote has significant public order implications and so it and the groups involved were a focus for reporting hm126 Paul Gray stated that information about an individual's membership of the Union was relevant to special branch and the
02:31:26 relevant to special branch and the security services and an unidentified undercover officer described in closed session how they attended the industrial dispute at groundwick about half a dozen times they would go to quote gauge what the support was for the picket and SDS managers were
02:31:41 was for the picket and SDS managers were said to be pleased with the Intelligence Officers were providing but hm1264 gray whilst he denied in his witness statement that he was a key organizer at the granwick Pickett he said something very different to his
02:31:56 said something very different to his risk assessor and he said this to Brian Locke about groundwick that quote swp were a big part of the protests I helped to organize the numbers and which days
02:32:08 to organize the numbers and which days were going to have a list of swp end of quotes
02:32:09 quotes so we ask you to find the following senior MPS and SDS managers knew about and authorized the Gathering of intelligence about trade unions and
02:32:25 intelligence about trade unions and Trade union members these actions were motivated by the fears of successive governments in transwire of the political influence of trade unions especially their potential to challenge government policy and a desire to gain
02:32:37 government policy and a desire to gain intelligence about Trade union influence and tactics within firms including legitimate Trade union disputes and their tactics SDS intelligence gathered in this area
02:32:50 SDS intelligence gathered in this area was gathered to assist employers and the government to defeat the legitimate Trade union activity aims at improving wages terms and conditions
02:33:02 wages terms and conditions the policing establishment sought to Shield the police from political criticism
02:33:04 criticism and it is inconceivable that senior MPS and SDS managers were not aware that the surveillance of lawful and legitimate Trade union activity was unjustifiable legally politically and morally
02:33:18 legally politically and morally SDS intelligence was deployed for wide-scale betting and for blacklisting purposes
02:33:25 purposes now in relation to this topic and vetting in particular the non-police state Corps participants agree with your Council to the inquiry that quote personal information recorded by SDS
02:33:39 personal information recorded by SDS officers may have been used when files were later interrogated for vetting purposes however vetting occurred both before and after the sds's existence the level of intrusion into people's lives
02:33:55 level of intrusion into people's lives occasioned by SDS infiltrations does not seem to be justified by any additional relevant data that the SDS might have collected it is certainly not a purpose which features prominently in the documents
02:34:07 documents in relation to blacklisting the evidence before this inquiry reveals that the state agencies tasked with countering subversion deliberately disseminated intelligence gathered to external agencies
02:34:20 agencies for example a note on counter subversion supplied by the foreign Commonwealth office to suburb Trend in 1971 States the proposed coordinating group would analyze the problem as a whole and study
02:34:33 analyze the problem as a whole and study the range of possible counter-subversion measures
02:34:37 measures including the dissemination and leakage of information at present practiced a series of three documents record an exchange in late 1975 early 1976 between the security service and the special
02:34:52 the security service and the special Branch about their respective roles in the process this demonstrates a widespread nature of the practice one document describes the quote Convention of passing quotes
02:35:05 quote Convention of passing quotes security information about employees to certain employers the relevant employers were described as government departments public corporations including the atomic energy Authority Bank of England British
02:35:19 Authority Bank of England British airports Authority British Airways the post office Corporation the BBC the British Council the national research Development Council and Crown agents for overseas governments and administrations and list X companies
02:35:31 and list X companies list X in companies a wide range of employers which the government defines as private corporations engaged in government Security Contracts between
02:35:45 government Security Contracts between 1970 and 1973 the top 50 firms that held government defense contracts were all household names they covered a range of sectors and included for example British Leyland Rolls-Royce lead group British
02:35:59 Leyland Rolls-Royce lead group British steel shell ICI Weir group and standard telephones the impact of this tradecraft was profound the core participant Richard chesum has given evidence to this inquiry as to how despite his
02:36:13 inquiry as to how despite his qualifications and decency he was repeatedly refused employment the tranche were in phase one opening statement of Dave Smith on behalf of the Blacklist support group describes in detail the unimaginal unimaginable
02:36:28 detail the unimaginal unimaginable emotional and financial toll that this practice took on those affected including fellow blacklisted workers on the Jubilee extension line in the 1990s who took their own lives as he said quote no one can say that blacklisting
02:36:42 quote no one can say that blacklisting was the sole reason for these suicides but the prolonged periods of unemployment and family tensions cannot be good for anyone's Mental Health in terms of specific examples the
02:36:55 in terms of specific examples the inquiry knows that the SDS was tasked to spy on the workers revolutionary party and in particular Roy Battersby intelligence was provided to the security services who were expressly
02:37:06 security services who were expressly given the task of collating files in order to vet those seeking posts in sensitive government bodies and as I've said this included the BBC indeed the BBC has confirmed and
02:37:23 indeed the BBC has confirmed and described this process Roy Battersby who was a bafta winner has described in his statement to you how there is clear evidence that he was one of those blacklisted in the early to mid 1970s despite having already won awards for his films roll on four o'clock and Leeds United
02:37:34 United that Roy Battersby was blacklisted Is Now strengthened by what we see in the transform disclosure it clearly shows
02:37:49 transform disclosure it clearly shows the obsession the security services had with so-called subversives in film and media
02:37:52 media which at one point even extends to Ken loach for his film kez and so you'll know we've set some more detailed submissions down in writing on the media in that in our closing submissions
02:38:05 submissions Roy Battersby was by no means the only one to experience bass blacklisting connected to the SDS as robotsby States this practice was an attack on the Democratic process privacy and the freedoms of political and artistic
02:38:21 freedoms of political and artistic expression in particular the plurality of voices and standpoints on our national broadcast of the BBC so we ask you to find that no considerations given to the lawfulness
02:38:33 considerations given to the lawfulness and the effect of SDS Intelligence being used for wide scale vetting and for blacklisting purposes betting and blacklisting in Reliance on SDs intelligence did did occur in tranche 1.
02:38:46 so I'll now turned to the targeting of Social and environmental activists the disclosure in this inquiry is full of examples are that the SDS targeting social environmental activists in the
02:38:57 social environmental activists in the tranche one era Paving the way what we know is going to be much more intensive surveillance in later years I'll just read out very few examples of some of
02:39:14 read out very few examples of some of the groups targeted in tranche one the women's Liberation Front The Women's National Coordinating Committee the women's Liberation movement the Revolutionary women's Union the national abortion campaign Saint Pancras and Camden United tenants Association Hackney United tenants ad hoc Community
02:39:30 Hackney United tenants ad hoc Community the claimants Union Gay Liberation Front and preservation of the rights of prisoners campaign groups the Battersea Redevelopment Action Group and the pavement Collective the vast majority if not all of the
02:39:42 the vast majority if not all of the reporting into activists focused on social issues and entirely legitimate Democratic campaigning much of this reporting reporting was signed off by
02:39:54 reporting reporting was signed off by SDS managers so we therefore ask you to find that senior MPS and SDS managers knew about and authorized the targeting and infiltration and Gathering of intelligence about social and
02:40:05 intelligence about social and environmental activist groups in order to disrupt and undermine the activity of such groups senior MPS and fds managers gave no consideration to the possible
02:40:20 gave no consideration to the possible impact of gathering intelligence in this way on social and environmental activists
02:40:22 activists so I now turn to the issue of race the non-police state Corp participants remind you sir the very powerful submissions made at the start of this
02:40:35 submissions made at the start of this inquiry and from those non-police State Corps participants with direct experience of the institutionalized racism of the Metropolitan Police Service SDS and the nporu
02:40:55 Service SDS and the nporu these submissions make reference to some of the most obvious examples of SDS reporting where racism and racist stereotypes and profiling are in evidence
02:40:56 evidence such attitudes clearly pervaded the MPS
02:41:07 such attitudes clearly pervaded the MPS special branch and the SDS in trance one this is we submit no surprise it must not be forgotten that the MPS was branded as institutionally racist by Sir William McPherson 1999
02:41:18 William McPherson 1999 that finding must not be diluted by this inquiry
02:41:20 inquiry former NPS Chief constables are on record in tranche 1 displaying racist attitudes for your reference sir you can find many examples of a bond attitudes
02:41:33 find many examples of a bond attitudes on race in the autobiography of former MPS commissioner Robert Mark as referenced in our written submissions a significant number of the campaigning individuals and organizations targeted
02:41:47 individuals and organizations targeted by the SDS were black Justice campaigns consequently it's essential that the role of racism in undercover policing is not misunderstood or unexplored race is a relevant factor in how
02:41:59 race is a relevant factor in how campaigners were viewed by the state and the MPS
02:42:00 the MPS however for the purpose of transron findings the non-police state Corps participants agree with Council to the inquiry suggestion that this is an issue that is best left
02:42:12 that is best left um with for your final report once you've had the benefit of the full evidential picture for both the SDS the mpoiu so we do not ask you to make any
02:42:26 mpoiu so we do not ask you to make any findings on race in the interim report I now turn to the adequacy of operational government governance and oversight
02:42:31 oversight in terms of operational government governance when Theresa May establish this inquiry she identified quote significant failings of judgment intrusive supervision and Leadership
02:42:47 intrusive supervision and Leadership over a sustained period the non-please staple participants agree however as we've already indicated um the failings go much further and so these are what we ask you to record sir there was no adequate system of
02:43:01 there was no adequate system of operational governance and oversight of the SDS at any level including operational governance of the SDS by the home office The NPS and by SDS managers this was because the SDS was
02:43:12 this was because the SDS was deliberately designed to be a policing unit that operated in secret and without any independent scrutiny and oversight
02:43:23 any independent scrutiny and oversight to avoid political embarrassment and to ensure its survival there was no formal mechanism for regular review of SDS practices by the home office the 1970s terms of reference for special
02:43:38 the 1970s terms of reference for special Branch under which the SDS operated were woefully inadequate deliberately vague and conflicted with official definitions that sought to limit covert police surveillance senior SPS NPS managers took no action
02:43:56 senior SPS NPS managers took no action to ensure robust governance of the SDS there was only one formal review the secrecy and security of SDS operations and the welfare of officers was prioritized over the rule of law Democratic accountability
02:44:07 Democratic accountability the rights of members of the public and their obligations to the court and then so there are a number of findings I'll just read them out briefly which come under the heading of governance um the first uh relates to criminal
02:44:22 um the first uh relates to criminal offenses so we we suggest you you have sufficient evidence to find SDS undercover offices in their cover names committed criminal offenses and then became involved in criminal proceedings and acted as a provocateurs
02:44:34 and acted as a provocateurs senior MPS and SDS managers knew and allowed this practice to occur in order to allow Undercovers to maintain their cover to protect the operational Integrity of the SDS and to avoid
02:44:47 Integrity of the SDS and to avoid professional and political embarrassment to the SKF MPS senior MPS and SDS managers gave no
02:44:59 senior MPS and SDS managers gave no consideration to the potential impact on the fairness of criminal trials and the risk that their actions would lead to the miscarriage of Justice numerous miscarriages of Justice are likely to have occurred and you've heard comprehensive submissions just a moment ago on this um on behalf of Lord Peter Hayne
02:45:10 um on behalf of Lord Peter Hayne Jonathan rosenhead and Ernest rodka um in respect of spying on lawyers we
02:45:21 um in respect of spying on lawyers we ask you to find that senior MPS and SDS managers new and work implicit in undercover Undercovers spying on lawyers and infringing Legal Professional privilege and we've set out much more
02:45:32 privilege and we've set out much more detail on that in our written closing submissions likewise in respect of impunity for police brutality we say that managers knew about and ignored violent and
02:45:43 knew about and ignored violent and unlawful conduct by MPS police officers against SDS Undercovers to maintain SDS cover
02:45:56 cover this reinforced the culture of impunity in respect of these acts of police brutality and we've set out many examples in our closing submissions we ask you to find that managers new
02:46:11 we ask you to find that managers new encouraged and covered up misconduct and criminal criminal and unlawful conduct by Undercovers including burglary driving when drunk theft and the misuse of drugs and alcohol
02:46:22 of drugs and alcohol SDS managers did not consider STS undercover should be subject to disciplinary proceedings due to a risk of exposing the SDS again we list all those examples in our closing submissions it's also right that I say clearly in
02:46:43 it's also right that I say clearly in respect of category F and category H we endorse the submissions in written and all submissions that you've already heard
02:46:44 heard um in respect of those categories in relation to selection training management and care of undercover officers we ask you to find that there was no formal selection process for
02:46:58 was no formal selection process for Undercovers and most joined following informal recommendations there was little or no guidance or training and on any aspect of the undercover role
02:47:09 any aspect of the undercover role whether for managers or Undercovers and in relation to the adequacy of Statute policy or judicial regulation we ask you to find there was no statutory regulation of undercover policing and the type of surveillance
02:47:23 policing and the type of surveillance and violation of Rights arising from SDS surveillance including the right to private and family life further the SDS was consciously insulated and protected from any form of independent oversight
02:47:37 from any form of independent oversight and regulation including by Parliament the official system or any other external regulated body including
02:47:51 external regulated body including Humanities his Majesty's Chief Inspector of constabulary now finally sir this is finally finally I would like to finish on the topic of the role and the contribution made by undercover policing towards the prevention and detection of crime
02:48:01 crime so over the last few days those who represent the Metropolitan Police Service and the former SDS police officers and managers have placed significant emphasis on public disorder in charge one so the non-police state Corp
02:48:13 so the non-police state Corp participants were going to ask you to guard against these cynical attempts to flood your mind's eye with image after image of public disorder much of which
02:48:27 image of public disorder much of which has no relevance to what you are tasked to consider so such tactics are unhelpful to this inquiry
02:48:33 inquiry we were intending to remind you that you must make findings based on the evidence and that this evidence in fact shows
02:48:46 and that this evidence in fact shows there is very little SDS reporting that could even tangentially be said to be relevant to public order and that this is against the backdrop where you have been told that around 75 to 80 percent of SDS reporting went to
02:48:57 to 80 percent of SDS reporting went to the security service and it is they the security service who have supplied much of the SDS reporting to this inquiry however sir it's clear from your
02:49:10 however sir it's clear from your exchanges on Monday that you've already got this point so the non-police state Corp participants are grateful for the detailed and forensic work that you and your team have clearly undertaken
02:49:24 your team have clearly undertaken so on contribution we would like to end with the words of hn 3093 Roy creamer who was one of the original Founders and managers of the SDS you may consider sir that having reflected on all of the
02:49:39 that having reflected on all of the evidence you heard from SDS managers in tranche 1 phase three that Roy creamer was by a long shot the most insightful the most honest and the most credible of witnesses he was obviously the least
02:49:55 witnesses he was obviously the least politically bias of all the SDS managers and he was the only one who was willing to be honest with you about some of the problematic aspects of SDS tactics
02:50:07 problematic aspects of SDS tactics importantly in terms of contribution Roy creamer was able to give you the perspective from both the SDS and then from The Wider special branch in sea squad where he spent a considerable period of tranche one
02:50:22 period of tranche one on SDs contribution Roy creamer told you quote
02:50:23 quote with demonstrations it was a waste of time to look for deep-seated plans it was difficult to assess all that really when the yard expected special Branch to
02:50:35 when the yard expected special Branch to come up with specific information it was asking for the moon and this could not be done the SDS made an effort and did find out a lot of information however
02:50:49 find out a lot of information however the idea that the SDS would find out and reveal plans was wishful thinking I think
02:50:50 think thank you sir
02:50:57 thank you very much I'm sorry you had rather a hard traffic there not only did you draw the graveyard slot you also had to get through an enormous amount of
02:51:10 to get through an enormous amount of grand and I'm very grateful to you for doing so so efficiently thank you so thank you