MI6 has been forced to apologise to the Investigatory Powers Tribunal after two of its officers asked court staff to return documents relating to MI6\u2019s use of agents and not show them to judges. The Tribunal suggested MI6\u2019s actions were \u201cinappropriate interference\u201d.<\/p>\n\n\n\n
The revelation emerged in an ongoing legal case considering what crimes intelligence informants are allowed to commit, after it was revealed that MI5 maintains a secret policy under which agents can be \u201cauthorised\u201d to commit offences. The case was brought by Reprieve, the Pat Finucane Centre, Privacy International, and the Committee on the Administration of Justice.<\/p>\n\n\n\n
At today\u2019s hearing, the Tribunal concluded: \u201cIt was recognised that the direct communication that took place was inappropriate, an apology was given, and it was clearly recognised that nothing like this should happen in the future\u2026 and that something serious had gone wrong.\u201d It declined to investigate further or seek additional disclosure from MI6.<\/p>\n\n\n\n
MI6 sought to prevent the court from seeing secret inspection reports of the Investigatory Powers Commissioner, believed to detail MI6\u2019s use of agents overseas. These were handed over to the Tribunal by the Commissioner.<\/p>\n\n\n\n
The MI6 officers told Tribunal staff that documents \u201cshould not have been provided\u201d to them, and asked for the material to be returned to the agency and withheld from judges. After this attempt was discovered, the Tribunal told MI6 it was \u201cinappropriate for your staff to seek to intervene in ongoing legal proceedings in the way that they sought to do.\u201d<\/p>\n\n\n\n
A senior MI6 official was forced to apologise \u201cfor any misunderstanding\u201d for the \u201capproach\u201d made to the Tribunal, claiming that they had only sought \u201cto understand better the nature of SIS information apparently referenced\u201d in documents provided to it.<\/p>\n\n\n\n