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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How Theresa May laid a trap for herself on the immigration target

When Home Secretary, she insisted on keeping foreign students in the figures – causing a headache for herself today.

When Home Secretary, Theresa May insisted that foreign students should continue to be counted in the overall immigration figures. Some cabinet colleagues, including then Business Secretary Vince Cable and Chancellor George Osborne wanted to reverse this. It was economically illiterate. Current ministers, like the Foreign Secretary Boris Johnson, Chancellor Philip Hammond and Home Secretary Amber Rudd, also want foreign students exempted from the total.

David Cameron’s government aimed to cut immigration figures – including overseas students in that aim meant trying to limit one of the UK’s crucial financial resources. They are worth £25bn to the UK economy, and their fees make up 14 per cent of total university income. And the impact is not just financial – welcoming foreign students is diplomatically and culturally key to Britain’s reputation and its relationship with the rest of the world too. Even more important now Brexit is on its way.

But they stayed in the figures – a situation that, along with counterproductive visa restrictions also introduced by May’s old department, put a lot of foreign students off studying here. For example, there has been a 44 per cent decrease in the number of Indian students coming to Britain to study in the last five years.

Now May’s stubbornness on the migration figures appears to have caught up with her. The Times has revealed that the Prime Minister is ready to “soften her longstanding opposition to taking foreign students out of immigration totals”. It reports that she will offer to change the way the numbers are calculated.

Why the u-turn? No 10 says the concession is to ensure the Higher and Research Bill, key university legislation, can pass due to a Lords amendment urging the government not to count students as “long-term migrants” for “public policy purposes”.

But it will also be a factor in May’s manifesto pledge (and continuation of Cameron’s promise) to cut immigration to the “tens of thousands”. Until today, ministers had been unclear about whether this would be in the manifesto.

Now her u-turn on student figures is being seized upon by opposition parties as “massaging” the migration figures to meet her target. An accusation for which May only has herself, and her steadfast politicising of immigration, to blame.

Anoosh Chakelian is senior writer at the New Statesman.

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