Justice for Mark Duggan demands that we change the law on intercept evidence

Our absurd laws mean there may never be a public inquest into Duggan's death at the hands of the police.

On 4 August 2011, Mark Duggan was killed by police in Tottenham. Two days later, a peaceful protest escalated into a riot. The looting and arson that followed saw five people killed, dozens injured and businesses destroyed. This summer British troops protected Olympic venues. Last summer some wanted them brought in to restore order on London’s streets.

Yet remarkably, there may never be a public inquest into Mark Duggan’s death. The reason? Britain’s rules on the use of intercept evidence. For justice to prevail, the law must be changed.

Since 1194, coroners have held inquests to investigate deaths which are suspicious, violent or occur at the hands of the state. These inquests are public. They ensure not only that the facts are found, but also that justice is seen to be done. They satisfy our need to understand why the death happened and how future tragedies can be prevented.

As things stand, intercept evidence – records of tapped phone calls and intercepted emails – cannot be used in British courts or at public inquests. Therefore, because vital evidence regarding Duggan’s movements in the hours leading up to his death is intercept evidence, there can be no public inquest.

This is not the first time the British tradition of open justice has been hamstrung by these rules. Londoner Azelle Rodney died after being shot six times by Metropolitan Police officers in April 2005. Intercept evidence exists which could shed light on his death, but since this cannot be used in open court, no public inquest has ever been held.

The year after Azelle Rodney’s death, counter-terrorism police arrested 24 suspects in connection with a plot to bomb airliners by detonating explosives hidden in soft drink bottles. Yet even for this trial, intercept evidence obtained in Britain could not be used. In the end, prosecutors were able to show the jury some evidence but only because it came from the Yahoo server in the USA, not Britain.

The government has promised an inquiry, but that is not good enough. We need a full, public inquest led by a judge, with a jury deciding on the evidence. It is intolerable that in a civilised, democratic society the relatives of British citizens killed at the hands of the state can be denied a public inquest into their deaths. It is even more intolerable when that death led to days of chaos. We all have a right to an inquest.

The law is not only wrong – it is absurd. Intercept evidence is treated differently to other surveillance evidence. So if the police follow you, they can use what they see as evidence in court. But if they tap your mobile phone, they can’t even tell the court that they did it, let alone tell the court what they heard. On this issue, Britain stands alone. There is no law like this in the rest of Europe or the US. Indeed, the Americans would not have been able to jail mafia bosses like John Gotti without the use of crucial intercept evidence.  The Independent Police Complaints Commission agrees with us, as do the Metropolitan Police and politicians of all parties.

The communities affected by the riots are still tinder boxes. To avoid a repeat of that appalling violence, we need a public inquest which is open, fair and completely beyond suspicion. We need a renewed commitment to our country’s history of open justice. This is not the first time a death at the hands of the police has passed by without an inquest. If this law on intercept evidence is not changed, it will not be the last.

David Davis is Conservative MP for Haltemprice and Howden. David Lammy is Labour MP for Tottenham

Friends and family attend the funeral of Mark Duggan at the New Testament Church of God in Wood Green on September 9, 2011. Photograph: Getty Images.

David Davis is the Conservative MP for Haltemprice and Howden

David Lammy is the Labour MP for Tottenham

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BHS is Theresa May’s big chance to reform capitalism – she’d better take it

Almost everyone is disgusted by the tale of BHS. 

Back in 2013, Theresa May gave a speech that might yet prove significant. In it, she declared: “Believing in free markets doesn’t mean we believe that anything goes.”

Capitalism wasn’t perfect, she continued: 

“Where it’s manifestly failing, where it’s losing public support, where it’s not helping to provide opportunity for all, we have to reform it.”

Three years on and just days into her premiership, May has the chance to be a reformist, thanks to one hell of an example of failing capitalism – BHS. 

The report from the Work and Pensions select committee was damning. Philip Green, the business tycoon, bought BHS and took more out than he put in. In a difficult environment, and without new investment, it began to bleed money. Green’s prize became a liability, and by 2014 he was desperate to get rid of it. He found a willing buyer, Paul Sutton, but the buyer had previously been convicted of fraud. So he sold it to Sutton’s former driver instead, for a quid. Yes, you read that right. He sold it to a crook’s driver for a quid.

This might all sound like a ludicrous but entertaining deal, if it wasn’t for the thousands of hapless BHS workers involved. One year later, the business collapsed, along with their job prospects. Not only that, but Green’s lack of attention to the pension fund meant their dreams of a comfortable retirement were now in jeopardy. 

The report called BHS “the unacceptable face of capitalism”. It concluded: 

"The truth is that a large proportion of those who have got rich or richer off the back of BHS are to blame. Sir Philip Green, Dominic Chappell and their respective directors, advisers and hangers-on are all culpable. 

“The tragedy is that those who have lost out are the ordinary employees and pensioners.”

May appears to agree. Her spokeswoman told journalists the PM would “look carefully” at policies to tackle “corporate irresponsibility”. 

She should take the opportunity.

Attempts to reshape capitalism are almost always blunted in practice. Corporations can make threats of their own. Think of Google’s sweetheart tax deals, banks’ excessive pay. Each time politicians tried to clamp down, there were threats of moving overseas. If the economy weakens in response to Brexit, the power to call the shots should tip more towards these companies. 

But this time, there will be few defenders of the BHS approach.

Firstly, the report's revelations about corporate governance damage many well-known brands, which are tarnished by association. Financial services firms will be just as keen as the public to avoid another BHS. Simon Walker, director general of the Institute of Directors, said that the circumstances of the collapse of BHS were “a blight on the reputation of British business”.

Secondly, the pensions issue will not go away. Neglected by Green until it was too late, the £571m hole in the BHS pension finances is extreme. But Tom McPhail from pensions firm Hargreaves Lansdown has warned there are thousands of other defined benefit schemes struggling with deficits. In the light of BHS, May has an opportunity to take an otherwise dusty issue – protections for workplace pensions - and place it top of the agenda. 

Thirdly, the BHS scandal is wreathed in the kind of opaque company structures loathed by voters on the left and right alike. The report found the Green family used private, offshore companies to direct the flow of money away from BHS, which made it in turn hard to investigate. The report stated: “These arrangements were designed to reduce tax bills. They have also had the effect of reducing levels of corporate transparency.”

BHS may have failed as a company, but its demise has succeeded in uniting the left and right. Trade unionists want more protection for workers; City boys are worried about their reputation; patriots mourn the death of a proud British company. May has a mandate to clean up capitalism - she should seize it.