Official review shows MI6 agents engaged in 'serious criminality' abroad, as tribunal reveals agency is also free to break UK law
Dec 19, 2020
What a shocker…
While debate rages over controversial spying legislation in the UK, other disclosures indicate British spooks have long been secretly free to commit crimes with impunity anyway.
There has rightly been intense controversy over the Covert Human Intelligence Sources (CHIS) bill in recent months.
The legislation would enshrine in law the ability of undercover operatives – both employees of British state agencies and their informants – to not only commit extremely serious crimes, up to and including rape, torture and murder, but also insulate them from criminal prosecution and civil actions for doing so.
However, for all their at times fiery condemnation, few if any mainstream critics acknowledged that the UK intelligence services have been allowed to commit crimes with impunity for some time.
Since the early 1990s, a once-secret policy dubbed ‘third direction’ has permitted MI5 to participate in crime to “secure or maintain access to intelligence that can be used to save life or disrupt more serious criminality, or ensure the agent’s continued safety, security and ability to pass such intelligence.”
It also grants MI5 authority to make representations to the police or Crown Prosecution Service advising against the prosecution of agents for criminal activity on ‘public interest’ grounds.
Moreover, Section 7 of the Intelligence Services Act 1994 – nicknamed the ‘James Bond clause’ – provides legal amnesty for MI6 operatives to commit abroad what would be crimes at home, as long as these activities have been authorised by the Foreign Secretary.
In essence then, all the CHIS bill will do is amend the Regulation of Investigatory Powers Act 2000 to codify in statute existing informal powers, while officially extending them beyond MI5, MI6, GCHQ and Special Branch to, among others, the Competition and Markets Authority, Food Standards Agency and Department of Health and Social Care.
The legislation is currently under consideration by the House of Lords, where it has received a less than welcome reception in several quarters. Among others, former Labour MP Peter Hain, himself surveilled by the state over three decades, gave an incendiary speech, noting many instances in which British spies “were on the wrong side of justice, the law and history.”…
More: https://www.rt.com/uk/510129-mi6-agent-crimes-law/