The Investigatory Powers Commissioner’s Office (IPCO) rewrote a report on MI5’s handling of a violent neo-Nazi agent after receiving false information from the Security Service, according to the BBC. An early draft of the report contradicted evidence given by MI5 in court, but the final version did not.
IPCO stated it was "misled" by MI5. This revelation implies that MI5 has effectively provided false evidence in this case to every organization or court with access to its secrets and responsible for holding it accountable.
Investigation Findings
An investigation into how one neo-Nazi informant used his role as an undercover police officer turned security service agent revealed critical failures at Britain’s largest spy agency. The inquiry focused on whether the informant, referred to as X, breached secrecy rules while working with extremist groups.
- MI5 initially told journalist De Simone that there wasn’t enough proof about X’s existence.
- Later, MI5 denied all knowledge despite having previously admitted knowing who he was.
- The Security Service maintains it adhered to its core secrecy policy—known as neither confirm nor deny (NCND)—throughout dealings with De Simone over several months between January and May 2020.
This NCND policy allows agents’ identities to remain secret, providing them greater freedom when gathering intelligence abroad without fear of reprisal. However, some argue that NCND policies often hinder accountability.
Official Correspondence
In February last year, Sir Brian wrote back stating:
"Based upon records available… It is entitled to conclude as justifiable inference on balance of probabilities that MI5 disclosed the role of CHIS."
He noted that MI5 provided no documentary evidence supporting its position nor any explanation for why he should not run a story about Agent X, despite claiming they had done so through various means.
Despite receiving assurances from Director General Ken McCallum apologizing for misleading IPCO into amending the draft report, concerns remain. The amendments removed findings that Agent X’s status was disclosed after pressure from senior officials within the agency, who were worried about potential fallout if the truth became public.
Legal Rulings
This month, Mr. Justice Chamberlain ruled against MI5’s request for anonymity protection for two witnesses giving testimony behind closed doors, citing a lack of sufficient justification for why proceedings needed to remain private beyond normal legal requirements. He stated:
"There must always be strong reasons why justice cannot be done openly… In particular, where criminal charges are brought against those accused, there will rarely, if ever, need exist to justify withholding identity of defendants unless special circumstances apply (e.g., child abuse cases, sexual assault, rape, murder, etc.)."
Conclusion
The case raises significant questions about accountability within Britain’s largest spy agency and whether NCND policies are hindering transparency and oversight.
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