HN155 Summary & HN96 - Sexual Relationships Dispute

13 May 2021 · HN96, Ms Campbell (Counsel to the Inquiry), Sir John Mitting (Chairman) · 0:36:46
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Ms Campbell summarizes witness statement of HN155 'Phil Cooper' who infiltrated Socialist Workers Party and Right to Work Campaign 1979-1984. Major dispute over whether he had sexual relationships - officer denies but risk assessors recorded he admitted 'liaisons' with 'groupies'. Medical report states he would be unreliable witness, excused from oral evidence on medical grounds.

Key moments

Full transcript

# Transcribed with OpenAI Whisper (medium model)

# Source: Local audio transcription (no YouTube captions available)

00:06:34 you

00:06:56 morning everyone and welcome to day 16 of hearings in tranche one phase two at the

00:07:01 undercover policing enquiry. My name is Neil Fernandes and I am the hearings manager. For those of you in the virtual hearing room, please turn off both your camera and microphone unless you are invited to speak by the chairman.

00:07:14 As soon as we pick up on all noises and you will be on screen. I now hand over to the chairman, Sir John Mitting, to formally start proceedings. Chairman.

00:07:23 Thank you. Ms Campbell is now going to summarize the witness statement and documents relating to HN 155. Ms Campbell.

00:07:34 Thank you, sir.

00:07:36 HN 155, Phil Cooper.

00:07:41 HN 155 served on the STS from late 1979 to early 1984. He adopted the cover name Phil Cooper and was deployed primarily into the Socialist Workers Party and the associated Right to Work campaign.

00:07:56 There is a restriction order in place preventing the publication of his real name, and he has been excused from giving oral evidence on medical grounds.

00:08:06 HN 155 joined the MPS in the 1970s, moving to Special Branch a few years later.

00:08:13 HN 155 states that he had done a fair amount of undercover work prior to joining the STS.

00:08:19 He recalls that while involved with B Squad, he used to go undercover at pubs frequented by Shin Fain, and would use a cover identity that included details about a cover employment and family background.

00:08:33 On Special Branch, HN 155 was approached by Mike Ferguson, who suggested he apply for the STS.

00:08:41 HN 155's personal annual report from 1982 suggests that he joined the STS around October 1979. However, the officer recalls that it was slightly before that date.

00:08:54 He states that he thought that he sought to join the STS as he enjoyed the flavor of undercover work in B Squad, and that he was confident he could maintain his cover in a social setting.

00:09:05 He notes, quote, the STS was aimed at obtaining intelligence to protect the public, and I consider this to be the ultimate task of being a policeman.

00:09:15 At the time of joining the STS, HN 155 had served for two years on Special Branch.

00:09:23 HN 155 was married when he joined the STS. He believes that at one point the STS managers wanted all UCOs to be married.

00:09:32 He cannot recall if any STS manager spoke to him about the impact a deployment would have on him or his family, but he imagines that Mike Ferguson probably would have done.

00:09:43 He does not recall any STS managers visiting or speaking to his wife prior to his deployment.

00:09:50 HN 155 recalls no formal training when he joined the STS, but did spend a significant period in the back office before being deployed.

00:09:59 He cannot recall exactly how long this was, but states that it could have been up to a year.

00:10:05 He recalls that as his deployment approached, senior officers would fire questions at him, suggesting a scenario and was asking what he would do in such a situation.

00:10:15 He also remembers at least one session before his deployment where he was interrogated by managers about his cover identity.

00:10:23 HN 155 notes that his managers at the time, Mike Ferguson and HN 68, both had been UCOs and were good at highlighting key issues.

00:10:35 HN 155 cannot recall being given any guidance or advice about becoming involved in the private lives of activists or on sexual relationships in his cover identity.

00:10:45 He states he likewise cannot recall any guidance on participation in criminality, encouraging others to participate in crime, or what to do if arrested or party to legally privilege information.

00:10:57 His understanding was that he should quote, avoid getting into these situations in the first place.

00:11:04 HN 155 does not recall using a deceased child's identity for his cover name, but is aware that this was common practice at the time.

00:11:12 And so on reflection, believes that it is likely that he did so.

00:11:17 He cannot recall looking for death certificates or attending Somerset House.

00:11:22 He cannot recall using any aspect of a deceased child's identity in his cover story.

00:11:28 His cover background is that he had grown up in the Liverpool area and had joined the Merchant Navy.

00:11:34 He recalls doing some research into schools and addresses in Liverpool that no longer existed, so that it will be harder for anyone to trace if investigated.

00:11:43 He also visited Liverpool to prepare for his deployment.

00:11:48 HN 155 states that he generally chose driving jobs as his cover employment, as it meant he would be out and about and not always accessible.

00:11:59 He notes that he did some work for most of his cover jobs, primarily to understand the nature of the job if questioned.

00:12:06 He had driving license in his cover name and was given use of an SDS car.

00:12:12 HN 155 was involved in a car accident late into his deployment and accepts that it appears to have been reported to the police under his cover name.

00:12:22 He assumes that this was because the car was registered in that name.

00:12:26 He cannot recall if any consideration was given to the lawfulness of reporting an accident in his cover name.

00:12:35 HN 155 recalls having multiple cover addresses during his deployment and states that activists would have visited his address from time to time.

00:12:44 He notes that occasionally he would have stayed overnight somewhere on a sofa or floor, such as during the Right to Work march, but that he did not live with activists for any significant period of time.

00:12:57 HN 155 recalls that he was directed by his managers to infiltrate the SWP in East London, but was otherwise left to his own initiative to direct his deployment.

00:13:09 Although the inquiry does not hold any reporting from HN 155 on the SWP before late September 1980, the officer believes he would have attended and reported on meetings before that date, probably from around March 1980 or earlier.

00:13:27 The first reporting held for this officer relates to the Wolfram Forest anti-nuclear campaign.

00:13:34 HN 155 cannot recall any specific involvement in this group, but states that it is plausible that it was connected to his role in the SWP.

00:13:45 HN 155 cannot remember which branch of the SWP he first became involved in, but accepts that he would have likely begun his infiltration at branch level.

00:13:56 The officer does not seem to have reported extensively on any particular branches or districts.

00:14:02 He notes that the SWP was keen to recruit, and therefore it was not difficult to get involved, and that he may have made his approach through meeting activists in the pub or buying the socialist worker newspaper.

00:14:15 It seems likely that, although the Wolfram Forest anti-nuclear, excuse me, it seems likely that through the Wolfram Forest anti-nuclear campaign, HN 155 also became involved in the campaign opposing construction of a nuclear power plant at Torness, Scotland.

00:14:32 Although he doubts that the reports on this subject within his witness pack are necessarily his.

00:14:39 It seems likely that he attended a protest at the site in the course of his deployment.

00:14:45 HN 155 began reporting on the Right to Work campaign some months after the start of his deployment.

00:14:52 He states that he was not specifically directed to target the Right to Work campaign, nor did he set out to infiltrate it, but became involved by the SWP.

00:15:03 He notes that the Right to Work campaign was of interest to the SDS, as it involved large numbers of people on marches lasting a number of days, with hundreds or thousands of local activists joining along the way, including, quote, Marxists and anarchists.

00:15:21 He states that it would have been important to provide local constabularies intelligence to assess the risk of public disorder and ensure an appropriate police presence.

00:15:32 HN 155 recalls attending two Right to Work marches, but accepts that he may have attended more.

00:15:39 One such march took place between the 23rd of September and the 10th of October 1980, marching between Port Talbot and Brighton and ending at the Conservative Party Conference.

00:15:51 HN 155 states that he would have kept his managers constantly updated during a march, almost on a daily basis.

00:16:00 HN 155 states that he may also have attended a march in November 1980 between Manchester and Liverpool, but has no specific recollection of the event.

00:16:11 The inquiry holds reporting on both of these marches, including a comprehensive report on the 1980 Brighton march, likely to be attributable to HN 155 and HN 80, who was also involved in this group at the time.

00:16:26 Documents show that HN 155 was also heavily involved in the organization of the 1982 Right to Work march in his role as national treasurer for the campaign.

00:16:39 HN 155 adopted at least two notable positions of responsibility within the groups he reported on.

00:16:46 A report held by the inquiry from April 1980 lists HN 155 as having been elected treasurer of the Waltham Forest anti-nuclear campaign, though the officer states that he cannot recall holding this position.

00:17:01 In January 1982, HN 155 became national treasurer of the Right to Work campaign.

00:17:08 This latter position allowed the officer control over the campaign's bank account, as well as access to personal bank details of certain individuals involved.

00:17:18 He was also able to obtain private documents and correspondence with the organizers, one of whom was serving Member of Parliament Ernie Roberts.

00:17:31 HN 155 states in his witness statement that he did not consider taking a position of responsibility to be off limits, as he would have sought to position himself wherever he would be best placed to gather intelligence.

00:17:44 However, he asserts that he would not have sought to influence the group's actions.

00:17:50 He cannot recall discussing with his managers before accepting the position, but notes that he would have kept them appraised of his actions.

00:17:59 HN 155 states that he has little recollection of the reports he has been shown.

00:18:04 He notes that he has not been provided with many reports on demonstrations and believes that reports not forwarded to Box 500 may be missing.

00:18:13 When asked about reporting on individuals, including the relationships and employment of activists, he states that such information would contribute to the overall intelligence picture of the groups and their members.

00:18:25 It would be for others to assess the relevance of any information and any action that should be taken as a result.

00:18:33 HN 155 provided detailed reports on SWP structure and branches and seems to have attended a number of major party events.

00:18:42 Reporting suggests that he attended the 1981, 1982 and 1983 SWP National Delegate Conferences.

00:18:51 He cannot recall attending these conferences or providing lists of delegates, but notes that he was, quote, in and out of the SWP main office, even in 1981, to deliver the Socialist Worker newspaper, and so would have probably been able to obtain a list of delegates from that office.

00:19:10 He also reports on the annual SWP rally at Skegness in 1982 and 1983 and believes he would have collected the entrance money at this event, which would have provided him with a list of attendees.

00:19:24 A July 1982 report concerns a change of address for the SWP main office and encloses a drawn floor plan.

00:19:34 HN 155 indicates that he had a desk at the SWP main office due to his position as treasurer for the Right to Work campaign.

00:19:43 He notes that while he was never on the SWP Central Committee, he did have a working relationship with them due to his Right to Work role.

00:19:53 In addition to his position, HN 155 was also able to receive and forward on SWP weekly internal information sheets circulated only to district secretaries, national committee members, and full-time party organizers.

00:20:10 HN 155 also reported on the SWP computer, enclosing a distribution list for the Socialist Worker newspaper.

00:20:19 He also mentioned in his witness statement, quote, I was never required to consider, and I did not consider, the continued proportionality of reporting this information.

00:20:29 As far as I was concerned, this was a question for more senior officers.

00:20:35 There is some reporting on trade union activities and membership within the context of the SWP and the Right to Work campaign.

00:20:43 HN 155 states that he cannot recall joining a trade union or becoming involved in trade union affairs while deployed.

00:20:50 However, he notes that, quote, extreme left-wing activists intentionally made their way into trade unions with the primary aim of upsetting the operation of large companies, rather than to simply improve the working conditions of employees.

00:21:05 This information was therefore a useful piece of a larger intelligence picture regarding the presence of left-wing activists in trade unions at that time, end quote.

00:21:17 HN 155 states that he did witness public disorder and violence whilst deployed, although he cannot now recall any particular incidents.

00:21:25 HN 155 states that he did not participate in any public disorder and was not involved in any violence as a perpetrator or victim.

00:21:35 He understood Special Branch to have a role in countering subversion, and he states that he believed the SWP to be engaged in subversive activity.

00:21:45 In his witness statement, he refers particularly to the large amount of industrial actions supported by the group.

00:21:52 He states, quote, the SWP were very confrontational towards people trying to break picket lines and would threaten violence towards anyone attempting to go back to work.

00:22:03 They would also stop supply vehicles from entering business premises.

00:22:07 It was these kinds of actions that cross the boundary between legitimate strikes and what I would call industrial subversion, end quote.

00:22:18 Documents held by the inquiry indicate security service interest in HN 155's reporting.

00:22:25 However, the officer states that he cannot recall ever being given a list of questions from Box 500 directly and believes that any requests may have been filtered down through his managers.

00:22:38 HN 155 recalls that he spent more and more time in his cover identity as his deployment progressed.

00:22:44 Accordingly, he recalls that the overtime would have increased his take home pay, although there was a significant cutback in overtime payments during his deployment.

00:22:56 HN 155 recalls frequent meetings at the SDS safe house, but cannot remember if they were once or twice per week.

00:23:04 He states that he also regularly requested a private meeting with an SDS manager around every week or so in order to discuss any particular issues that had arisen in his deployment.

00:23:15 These meetings would usually take place in a pub.

00:23:19 He suspects that he would have written up reports at meetings in the safe house, but notes that much of his reporting would have been given verbally over the phone and probably written down by someone else.

00:23:31 He recalls general discussion amongst UCOs during meetings and states that the SDS managers would raise concerns and provide advice and guidance where needed.

00:23:41 He recalls police commissioners visiting these meetings on occasion.

00:23:45 He believes someone from the security service may have attended once or twice as well, which he thinks was to thank the squad for the intelligence they were collecting.

00:23:56 In his statement, HN 155 denies engaging in any sexual activity whilst in his cover identity.

00:24:03 There remains a significant dispute of fact regarding whether 155 told his risk assessors that he engaged in sexual activity whilst he was deployed.

00:24:13 Within a risk assessment prepared for the inquiry in late 2017, the author records that quote, N155 admitted to having a number of liaisons, though he would not necessarily use the term relationship, as they were short lived.

00:24:29 He stated that he needed to live a full alternative lifestyle in all aspects, but could not recall the specifics.

00:24:37 None of the relationships were medium or long term length.

00:24:40 He stated there were groupies who want to spend the night with someone who's close to the SWP Central Committee.

00:24:46 He was reluctant to discuss matters further, but thought that he would only have given the women his first name.

00:24:52 He does not recall their names.

00:24:54 He stated that not all of the dalliances, his word, would have led to sex.

00:24:59 He initially stated that there may have been two or three women, but said that there may possibly have been a few more.

00:25:06 N155 clarified during the fact check that these were purely social encounters and not done to enhance his deployment.

00:25:15 He did not comment upon whether his supervisors were aware, end quote.

00:25:20 Both the auditor David Reed and the second risk assessor Brian Lockie were left with the impression that HN155 was describing his own experiences while deployed.

00:25:34 HN155 disputes his conclusions and asserts that both assessors have misinterpreted his comments.

00:25:41 He states that, quote, I was not as clear as I should have been about the dividing line between the specific factual details of my particular deployment and more hypothetical comments about such deployments more generally.

00:25:57 He continues, quote, during the interview with the two risk assessors, which lasted a couple of hours, I recall being quite clear that I did not engage in any sexual activity whilst I was undercover.

00:26:10 To the best of my recollection, the risk assessors responded that it would have been quite possible and not surprising if my deployment had taken such a turn, given its length and depth.

00:26:21 I accepted this and went on to discuss the SWP social scene, the status or cache enjoyed by those within its inner circle, meetings in pubs, flirtatious chat, and the fact that sexual activity could have been an option.

00:26:35 I did not want to appear naive and wanted to be open about the fact that I lived my alter ego's life to the full.

00:26:43 Indeed, I think I may have said this to the risk assessors. I can understand how and why they came away thinking that I had been talking about myself, but this was not my intention and not what I meant.

00:26:55 End quote.

00:26:59 He likewise takes issue with the fact checking process, noting that he was asked to review the draft risk assessment, quote, at short notice and quite urgently.

00:27:09 He states, quote, I would never have had any sexual relationship with the target. It would have jeopardized my own relationship, and it would also be a road to disaster, because a relationship would scrutinize your own cover to a much greater extent.

00:27:23 I am happy for my cover name to be released. I am certain that no female will come forward. End quote.

00:27:31 In a medical report dated the 18th of November 2020 submitted to the inquiry and published on the USPI website.

00:27:39 HN 155 is noted to be suffering from a number of physical and mental health conditions.

00:27:45 The examining doctor states the following when discussing HN 155 fitness to give all evidence.

00:27:52 HN 155 would be an unreliable witness. He finds it difficult to differentiate between what is real from what is imagined or possible and quote, if asked a leading question or confirmatory question, he's likely to endorse any view or suggestion put to him, and the belief that this is what is required of him.

00:28:12 He is also avoidant and will do whatever he can to avoid thinking about the traumas he experienced. End quote.

00:28:20 The full account on this issue given by HN 155 can be found at paragraphs 114 to 115 of his witness statement, which will be published on the inquiry website today.

00:28:33 Relevant extracts of the risk assessment and the risk assessor's notes will also be published. The risk assessors themselves will be called as witnesses later today to address this issue.

00:28:46 HN 155 states that he did not develop any close personal relationships with his target group during his deployment.

00:28:53 He did not participate or encourage others to participate in criminality and was never arrested, nor to his knowledge, was any of his reporting used in connection with criminal investigation or prosecution.

00:29:06 He states that to his recollection, he did not become aware of any legally privileged information and was never specifically tasked to report on elected politicians, although he may have reported on them, they had been speakers at events.

00:29:22 HN 155 was withdrawn in early 1984. He recalls four years as being the standard deployment at the time.

00:29:30 The inquiry holds a transcript of a telephone call from December 1983, in which a discussion is had between two members of the SWP about HN 155.

00:29:41 The SWP members note that HN 155 had provided a strange story, and as a result, his cover was now blown with the group.

00:29:51 HN 155 believes he was made aware of the call and recalls discussions over whether he had been compromised.

00:29:58 He states that he got the impression the senior managers were very concerned about this having an effect on obtaining future intelligence, but HN 155 believes that he did not change his withdrawal strategy because of this.

00:30:12 HN 155 does not believe that this call precipitated his exit from the SDS, as he recalls formulating his withdrawal before that date.

00:30:24 He states, quote, I think my exit strategy may have led to this telephone call, rather than the other way around.

00:30:31 He told his group that he was leaving to rejoin the merchant navy after spending some time in Paris, and recalls, quote, a certain amount of dismay amongst the SWP that he was leaving.

00:30:42 He notes that he was never publicly outed as a UCO.

00:30:48 HN 155's marriage ended whilst he was on the SDS, and he is aware that managers Barry Moss and Martin Gray visited his wife on one occasion during this time.

00:31:00 He believes he was not present and was spoken to separately.

00:31:05 HN 155 understands that his SDS managers visited his wife as they were concerned that she might disclose information about his deployment, although HN 155 states that he was confident she would not have done so.

00:31:19 HN 155 notes that he was generally quite impressed with the level of supervision by his SDS managers, but that it became reactive rather than proactive over time.

00:31:29 And on occasion, he felt, and on this occasion, he felt it was, quote, overbearing.

00:31:36 HN 155 states that his deployment was a significant contributory factor to his divorce, though not the sole reason.

00:31:44 He notes that he was often away from home and had a young child, and that he was, quote, wrapped up in his undercover work.

00:31:53 In a meeting with the security service in July 1982, HN 68 is recorded as expressing, quote, serious doubts about the performance of HN 155.

00:32:06 This is said to relate to the officer's failure to pay child maintenance and an incident where he left his cover vehicle outside his home address.

00:32:15 HN 155 does not recall this incident and notes that he finds some of the comments within this file note, quote, objectionable.

00:32:24 Within a subsequent note, it is recorded that HN 68, quote, is still very worried by the case because Cooper's position within the Right to Work movement gives him regular access to Ernie Roberts MP and meetings at the House of Commons.

00:32:39 In contrast, the officer does not recall any contact with Mr. Roberts and considers any involvement would have been limited.

00:32:47 The officer notes that he remained in the field for a further 18 months, and therefore any perceived issues clearly were not considered serious enough to precipitate his withdrawal.

00:32:59 HN 155 believes that there was very minimal monitoring of officers welfare. However, he does not recall thinking that there should have been more support.

00:33:09 He notes two exceptions to this during his divorce, which he states was, quote, handled in a deplorable way by the SDS senior management and during his withdrawal.

00:33:20 He states that during that period, quote, I felt that some of the senior officers were more concerned about losing intelligence and repercussions for their careers, rather than concerned for my safety or welfare.

00:33:34 He felt like there was greater concern for welfare early in his deployment, which he states was probably because those managers had all been new COs, whereas his later managers did not have the same experience.

00:33:48 HN 155 retired from the MPS in the 1980s at the rank of detective sergeant.

00:33:54 When asked whether his deployment had had any long term effect on his welfare, he states, quote, It is perhaps unsurprising that living in an alter ego for such a long period tends to make you a bit unsure of who you are.

00:34:09 I did not find that there was anything in place to help me solve those identity issues.

00:34:14 My deployment still has an effect on me now, especially having to speak about things that I thought were in the past as part of this inquiry.

00:34:23 The effects are quite deep rooted and have probably made me more of an insular and secretive person.

00:34:29 I'm not aware of any welfare issues.

00:34:32 Excuse me, I'm not aware of any welfare services within the MPS being available to me as a former UCL.

00:34:41 HN 155 states that he strongly disagrees with comments made by Bob Lambert in a discussion paper dated from May 1994 regarding his departure from the police.

00:34:53 The paper describes HN 155 as having played quote the SDS card in 1985 to extract himself from a dismissal from the police resulting from an assault.

00:35:06 It is suggested in the report that HN 155 had quote convinced his psychiatrist that he was suffering from Stockholm syndrome rather than say merely calculated selfish and devious behavior in order to obtain an ill health pension.

00:35:23 Lambert also alleges that HN 155 wrote to a special branch commander threatening to expose the SDS.

00:35:32 The letter and threats to expose the SDS are denied by HN 155, who states that he never met Bob Lambert, and that Bob Lambert's report is therefore not based on any personal knowledge of him.

00:35:46 He states quote, I accept that I was subject to a disciplinary investigation, and I simply said that I was mindful to appeal to the Home Secretary.

00:35:55 The background of the incident was not fully disclosed in the disciplinary hearing. I did not actually appeal in the end, but at no point did I threaten to expose the SDS.

00:36:06 HN 155 received two commendations for his work in the SDS, one of which was for supplying a full list of SWP membership requested by MI5.

00:36:17 When asked what contribution he believes his reporting made to policing, HN 155 states quote, I think my reporting and that of other SDS officers would have been invaluable to ensure an appropriate police presence at demonstrations.

00:36:31 This helped prevent police violence and injury to demonstrators, police, and the general public.

00:36:37 I think our reporting would have also helped prevent subversion.

00:36:41 So that concludes the summary. Thank you.

00:36:43 Thank you very much. And we're now going to break for about five minutes to permit the technical arrangements to be made, of course to start hearing live evidence again.

00:36:52 Thank you.

00:36:57 Good morning everyone, we will now take a break.

00:36:59 May I remind those in the virtual hearing room to remember to join your breakout rooms please. The time is now 1030am so we shall reconvene at 1035am.

03:32:29 Thank you.

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