MI5 relied on its ‘neither confirm nor deny’ policy to protect its undercover operatives to avoid disclosing the agent’s identity in court. This was in response to a 2022 claim brought by ‘Beth’, the agent’s former partner, alleging MI5 breached her human rights by recruiting a man who posed a serious risk to women and children.
However, the BBC has revealed it possesses an audio recording of a senior secret services official voluntarily disclosing to a journalist that Beth’s ex-partner is an MI5 recruit.
In a High Court hearing before Mr Justice Chamberlain last week, Sir James Eadie KC submitted that an internal disciplinary investigation was underway. Jonathan Jones KC, former head of the Government Legal Service, has been appointed to lead an external review.
Chamberlain J noted the investigations would need to address whether MI5 had ‘deliberately’ given false evidence in 2022.
Kate Ellis, solicitor at Centre for Women’s Justice, representing Beth since 2022, said the revelations were ‘concerning and truly extraordinary.
‘We now understand that MI5 has misled three courts by giving or relying on false evidence—over a period of several years—and this has allowed them to avoid giving “Beth” any meaningful answers.
‘Most concerning of all perhaps is that the truth has only emerged at all because of a secret recording made by the BBC.
‘This exceptionally serious situation has wide implications, for Beth’s case and for the general public. It will leave many wondering whether evidence given by MI5 in legal proceedings—which the courts are expected to treat with particular deference, and which is often heard in secret—can ever be considered reliable.’
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