Judge defends undercover police lovers with Bond reference

"Ian Fleming did not dwell on the extent to which his hero used deception…"

A British judge based part of his decision on a case involving women deceived into having sexual relationships with an undercover policeman on a bizarre reference to James Bond, according to his concluding remarks, published today.

A joint lawsuit by 10 women and one man alledges emotional trauma following the revelation that the two men, Mark Kennedy and a second man who posed as "Mark Jacobs", who they had "deeply personal" relationships with were in fact police spies. But the judge hearing the case only gave them a partial right to trial, ruling that half the cases would have to be heard first by a closed court more commonly used to deal with cases involving the security service. Judge Tugendhat did, however, reject the Metropolitan Police's attempt to have the entire case thrown out of court.

In explaining his reasoning, the judge cited Ian Fleming's Bond books. The comments can be found at paragraph 177 in the ruling:

Other examples come to mind from the realms of fiction. James Bond is the most famous fictional example of a member of the intelligence services who used relationships with women to obtain information, or access to persons or property. Since he was writing a light entertainment, Ian Fleming did not dwell on the extent to which his hero used deception, still less upon the psychological harm he might have done to the women concerned. But fictional accounts (and there are others) lend credence to the view that the intelligence and police services have for many years deployed both men and women officers to form personal relationships of an intimate sexual nature (whether or not they were physical relationships) in order to obtain information or access.

In the context of the rest of the ruling, the judge appears to be claiming that, because a famous fictional spy had fictional sexual relationships with fictional women in fiction, Parliament must have intended the Regulation of Investigatory Powers Act to bestow the ability to have deceptive sexual relationships on police spies.

The Guardian explains the conclusion of Judge Tugendhat:

In his ruling, the judge said that claims against two police officers - Mark Kennedy and a second spy who posed as Mark Jacobs - should first be heard by the IPT. Both of these officers were deployed after 2000, and some of the claims allege their activities constituted a breach of the Human Rights Act, which came into force in October that year.

However, the judge said that other claims for damages under common law, including torts of misfeasance in public office, deceit, assault and negligence, should be heard by the high court.

James Bond (Daniel Craig) Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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The SNP thinks it knows how to kill hard Brexit

The Supreme Court ruled MPs must have a say in triggering Article 50. But the opposition must unite to succeed. 

For a few minutes on Tuesday morning, the crowd in the Supreme Court listened as the verdict was read out. Parliament must have the right to authorise the triggering of Article 50. The devolved nations would not get a veto. 

There was a moment of silence. And then the opponents of hard Brexit hit the phones. 

For the Scottish government, the pro-Remain members of the Welsh Assembly and Sinn Féin in Northern Ireland, the victory was bittersweet. 

The ruling prompted Scotland’s First Minister, Nicola Sturgeon, to ask: “Is it better that we take our future into our own hands?”

Ever the pragmatist, though, Sturgeon has simultaneously released her Westminster attack dogs. 

Within minutes of the ruling, the SNP had vowed to put forward 50 amendments (see what they did there) to UK government legislation before Article 50 is enacted. 

This includes the demand for a Brexit white paper – shared by MPs from all parties – to a clause designed to prevent the UK reverting to World Trade Organisation rules if a deal is not agreed. 

But with Labour planning to approve the triggering of Article 50, can the SNP cause havoc with the government’s plans, or will it simply be a chorus of disapproval in the rest of Parliament’s ear?

The SNP can expect some support. Individual SNP MPs have already successfully worked with Labour MPs on issues such as benefit cuts. Pro-Remain Labour backbenchers opposed to Article 50 will not rule out “holding hands with the devil to cross the bridge”, as one insider put it. The sole Green MP, Caroline Lucas, will consider backing SNP amendments she agrees with as well as tabling her own. 

But meanwhile, other opposition parties are seeking their own amendments. Jeremy Corbyn said Labour will seek amendments to stop the Conservatives turning the UK “into a bargain basement tax haven” and is demanding tariff-free access to the EU. 

Separately, the Liberal Democrats are seeking three main amendments – single market membership, rights for EU nationals and a referendum on the deal, which is a “red line”.

Meanwhile, pro-Remain Tory backbenchers are watching their leadership closely to decide how far to stray from the party line. 

But if the Article 50 ruling has woken Parliament up, the initial reaction has been chaotic rather than collaborative. Despite the Lib Dems’ position as the most UK-wide anti-Brexit voice, neither the SNP nor Labour managed to co-ordinate with them. 

Indeed, the Lib Dems look set to vote against Labour’s tariff-free amendment on the grounds it is not good enough, while expecting Labour to vote against their demand of membership of the single market. 

The question for all opposition parties is whether they can find enough amendments to agree on to force the government onto the defensive. Otherwise, this defeat for the government is hardly a defeat at all. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.