Senior figures within Britain's domestic intelligence agency, MI5, provided false evidence to three courts, according to a highly critical official report.
The investigation, led by deputy investigatory powers commissioner Sir John Goldring, found that the agency repeatedly failed to adhere to its core secrecy policy, known as 'neither confirm nor deny' (NCND), when dealing with a violent neo-Nazi informant.
Sir John's report states that one senior MI5 officer repeatedly told "lies" that formed the basis of the agency's "false account" to the courts. This officer allegedly put forward a "wholly fictitious account" denying he had ever revealed the informant's agent status. Another senior officer was found to have misled colleagues and not acted in good faith, bearing "considerable responsibility for the continuation of MI5's falsehood" by misrepresenting what he had been told.
A deputy director, identified as Witness A, who provided sworn statements to the courts, "overstated" matters during a key internal meeting, contributing to MI5's continued reliance on the false narrative. The report concludes that various individuals within MI5 were aware that NCND had been departed from, with "cogent evidence" in case files, yet the falsehood was "allowed to take hold and persist," and opportunities to correct the record were missed.
MI5 Director General Sir Ken McCallum acknowledged the seriousness of the failings. "MI5 recognises without hesitation the seriousness of our failings in these proceedings," he said. "I repeat my previous apologies to both courts for the incorrect evidence that was provided, and for our slowness in recognising what had happened."
Home Secretary Shabana Mahmood stated that the findings detailed "serious failings by individual MI5 officers, resulting in false evidence being provided to the courts, and criticism of MI5 as an organisation." She indicated that urgent action would be taken to hold MI5 accountable and to strengthen oversight.
The case centers on an MI5 informant, referred to as Agent X, described as a foreign neo-Nazi misogynist who allegedly used his role to abuse a British partner, referred to by the alias Beth. The informant reportedly attacked Beth with a machete, and MI5 allegedly assisted him in leaving the country for intelligence work while he was under police investigation.
MI5's adherence to its NCND policy was crucial in court proceedings. The agency claimed it had not confirmed or denied Agent X's status, including to a BBC journalist who had investigated him. Courts accepted these arguments, allowing MI5 to withhold information from Beth, who was suing MI5 at the Investigatory Powers Tribunal. This secrecy reportedly placed her at a significant disadvantage in her case.
This latest report was commissioned by the prime minister in September after the High Court rejected MI5's explanations for its conduct as unreliable. The findings could potentially lead to contempt of court proceedings or even criminal prosecution for the agency. The security service had previously vehemently denied allegations of lying to the courts, which were first reported by the BBC in February of the previous year.