We need a public inquiry into undercover policing

Revelations about intimate relationships and alleged criminal activity highlight the need for accountability.

The disturbing increase in state-sanctioned surveillance in recent years has generated much public debate, with many expressing concerns over intrusive tactics like phone-hacking, internet snooping and CCTV cameras on every corner. But in some cases, it can go much further than this. How much more intrusive and intimate would it be, for example, to be spied on by someone who shares your house, your bed, your life – maybe for as long as four or five years? To be secretly monitored by the father of your child?

The murky world of undercover policing has long operated outside the realm of public scrutiny, the nature of the work inevitably requiring a certain degree of secrecy. But a series of cases have recently come to light exposing a shocking absence of transparency and accountability around the practice, which constitute an incredibly strong case for a full, independent public inquiry into the rules governing the behaviour of those who go undercover – and those who give them instructions.

Since the unmasking of Mark Kennedy, aka Mark Stone, in 2011 and nine other undercover officers in the months that followed, worrying revelations have emerged about the apparent free rein given to police infiltrators to form long-term, intimate relationships with women in the groups they were sent to spy on.

Kennedy is one of those implicated in a legal case now being brought by eight women who claim they were duped into intimate relationships with undercover police. Another is Bob Lambert, aka Bob Robinson, who posed as a campaigner in the 1980s in order to infiltrate the Animal Liberation Front, two supporters of which were subsequently jailed for planting incendiary devices in two branches of Debenhams as a protest against the selling of fur. The culprit who planted a device in a third store was never caught.

Jon Murphy, the chief constable of Merseyside and the police chiefs' spokesman on undercover policing claims the forming of intimate relationships is "grossly unprofessional" and "never acceptable". But the women bringing the case have a copy of a letter from a Metropolitan Police solicitor that asserts relationships formed by a “Covert Human Intelligence Source” to obtain information are permitted and lawful under the Regulation of Investigatory Powers Act 2000 (RIPA) – a point reiterated by policing minister Nick Herbert in the recent parliamentary debate I hosted on this subject.

Despite the strength of the allegations against these men – Lambert, for example, reportedly fathered a child with a political campaigner in secret, and has admitted to a long-term relationship with a second woman – there has been virtually no attempt by the authorities to hold them to account. There has been no real debate about the human consequences for those women (or men, though I have yet to see such a case) of being conned into a loving, trusting relationship with someone acting under a false identity. And what of the children fathered by an undercover officer?

If this weren’t serious enough, new evidence about Lambert, which I detailed in my debate, has triggered further alarm about the personal conduct of those undercover – and the degree to which police officers are able to act as agent provocateurs. As is now on the parliamentary record, Lambert is accused by an ALF activist, Geoff Sheppard, who was jailed along with Andrew Clarke for the two Debenhams attacks in Romford and Luton in 1987, of planting the third incendiary device in the Harrow store.  

If the allegations turn out to be true, then we must ask: can it be right that officers who commit a crime undercover should be able to do so with impunity? And to what degree are police spies permitted to cross the line of agent provocateur? The rules governing undercover policing are also worryingly deficient when it comes to giving false evidence in court to protect a secret identity.

Jim Boyling, for example, exposed last year for infiltrating groups such as Reclaim the Streets using the pseudonym Jim Sutton, concealed his true identity when he was prosecuted alongside a group of protesters for occupying a government building. The Met commissioner, Bernard Hogan-Howe, has defended the practice of undercover officers using fake identities in court, claiming there is no specific law forbidding it. Lord Macdonald, former director of public prosecutions, on the other hand, has called this position "stunning and worrying".

The public has a right to know why huge amounts of money are being spent on infiltrating campaign groups – with no apparent external oversight of the decision or whether the methods used are proportionate, or in breach of fundamental human rights. So far, the government response on these issues has been muted. The twelve different inquiries into undercover policing since January 2011 - each held in secret and looking at just one small aspect – have been completely lacking in oversight and far too narrow in scope.

Striking the right balance between safeguarding the public from genuine threats and protecting an individual’s right to privacy is one of the most difficult challenges facing any government. But the cases above point to a deeply worrying culture of ‘exceptionalism’ within covert operations – one which must be addressed through an independent and broad-ranging public inquiry into undercover policing. Only then can the government prove that it is committed to holding the police to account for their actions – in the past, present and future.

Metropolitan Police Commissioner Bernard Hogan-Howe has defended the practice of undercover officers using fake identities in court. Photograph: Getty Images.

Caroline Lucas is the MP for Brighton Pavilion.

Photo: Getty Images
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There are risks as well as opportunities ahead for George Osborne

The Chancellor is in a tight spot, but expect his political wiles to be on full display, says Spencer Thompson.

The most significant fiscal event of this parliament will take place in late November, when the Chancellor presents the spending review setting out his plans for funding government departments over the next four years. This week, across Whitehall and up and down the country, ministers, lobbyists, advocacy groups and town halls are busily finalising their pitches ahead of Friday’s deadline for submissions to the review

It is difficult to overstate the challenge faced by the Chancellor. Under his current spending forecast and planned protections for the NHS, schools, defence and international aid spending, other areas of government will need to be cut by 16.4 per cent in real terms between 2015/16 and 2019/20. Focusing on services spending outside of protected areas, the cumulative cut will reach 26.5 per cent. Despite this, the Chancellor nonetheless has significant room for manoeuvre.

Firstly, under plans unveiled at the budget, the government intends to expand capital investment significantly in both 2018-19 and 2019-20. Over the last parliament capital spending was cut by around a quarter, but between now and 2019-20 it will grow by almost 20 per cent. How this growth in spending should be distributed across departments and between investment projects should be at the heart of the spending review.

In a paper published on Monday, we highlighted three urgent priorities for any additional capital spending: re-balancing transport investment away from London and the greater South East towards the North of England, a £2bn per year boost in public spending on housebuilding, and £1bn of extra investment per year in energy efficiency improvements for fuel-poor households.

Secondly, despite the tough fiscal environment, the Chancellor has the scope to fund a range of areas of policy in dire need of extra resources. These include social care, where rising costs at a time of falling resources are set to generate a severe funding squeeze for local government, 16-19 education, where many 6th-form and FE colleges are at risk of great financial difficulty, and funding a guaranteed paid job for young people in long-term unemployment. Our paper suggests a range of options for how to put these and other areas of policy on a sustainable funding footing.

There is a political angle to this as well. The Conservatives are keen to be seen as a party representing all working people, as shown by the "blue-collar Conservatism" agenda. In addition, the spending review offers the Conservative party the opportunity to return to ‘Compassionate Conservatism’ as a going concern.  If they are truly serious about being seen in this light, this should be reflected in a social investment agenda pursued through the spending review that promotes employment and secures a future for public services outside the NHS and schools.

This will come at a cost, however. In our paper, we show how the Chancellor could fund our package of proposed policies without increasing the pain on other areas of government, while remaining consistent with the government’s fiscal rules that require him to reach a surplus on overall government borrowing by 2019-20. We do not agree that the Government needs to reach a surplus in that year. But given this target wont be scrapped ahead of the spending review, we suggest that he should target a slightly lower surplus in 2019/20 of £7bn, with the deficit the year before being £2bn higher. In addition, we propose several revenue-raising measures in line with recent government tax policy that together would unlock an additional £5bn of resource for government departments.

Make no mistake, this will be a tough settlement for government departments and for public services. But the Chancellor does have a range of options open as he plans the upcoming spending review. Expect his reputation as a highly political Chancellor to be on full display.

Spencer Thompson is economic analyst at IPPR