The Paul Thompson Murder and State Secrecy Challenge
In April 1994, Paul Thompson was murdered in Belfast by loyalist paramilitaries during a sectarian attack. His family, led by his mother Margaret and brother Eugene, suspected collusion between British security forces and informants within the responsible group after an inquest remained unconcluded and no one was held accountable.
In 2024, a coroner decided to release a summary of secret police information to the family, deeming it relevant. However, the British government and MI5 legally challenged this decision, citing national security concerns.
Supreme Court Rules on State Secrecy
The case reached the Supreme Court, serving as a significant test of the state's "neither confirm nor deny" (NCND) policy on national security matters. Just before Christmas, the court ruled that the government's assessment of national security damage "should have been accepted by the coroner" unless it was plainly irrational or lacked supporting evidence.
The judgment stated it was "solely" for the government to make submissions on national security, not the Chief Constable of the Police Service of Northern Ireland (PSNI), Jon Boutcher, who had supported the information's release.
Amnesty International described the ruling as a "grim day for truth," suggesting national security is being used to "cover up and conceal the state's role in very serious crimes."
The government welcomed the "unanimous judgment," stating it would consider its implications.
The NCND Policy and Collusion Allegations
The NCND policy allows the government and security services to avoid confirming, denying, or acknowledging information about sensitive matters. Eugene Thompson's barrister argued that the family believed the murder occurred due to authorities colluding with the perpetrators and sought accountability, especially when state agents were involved.
During the Troubles, the state widely used informants, or agents, within paramilitary groups like the IRA and loyalist organizations. Former Met Police chief Lord Stevens, who investigated collusion in Northern Ireland, stated that collusion occurred in various ways, including withholding intelligence and agents' involvement in murder. In some instances, agents pre-warned authorities of attacks that were not prevented.
Notable Cases: Stakeknife and Judicial Precedent
A significant example is Freddie Scappaticci, codenamed Stakeknife, a senior IRA figure who was also a British agent. He died under MI5 protection in 2023 without being charged for numerous linked crimes. Operation Kenova, a police investigation into Stakeknife, was barred from officially naming Scappaticci in its December report. This decision was influenced by the Supreme Court's ruling in the Paul Thompson case.
PSNI Chief Constable Jon Boutcher has called for a review of the NCND policy, questioning if its application, particularly in the Stakeknife case, serves to protect the government and intelligence agencies from accountability for historical wrongdoing. He argued, unsuccessfully, that he, as chief constable, should have the authority to release police files.
An extraordinary fact emerged concerning the 2003 judicial review sought by Scappaticci over reports naming him as Stakeknife. Jon Boutcher confirmed that the judge who heard the case, Lord Carswell, was secretly briefed on Scappaticci's real identity. This case set a legal precedent for the NCND policy. Additionally, it was revealed that Philip Sales, who served as a Supreme Court justice in the Paul Thompson case, was the government barrister who conducted that secret briefing. The Supreme Court stated that Justices ensure no conflict of interest when hearing cases.
Wider Implications and Scrutiny of MI5
Other cases before the Supreme Court concern the disclosure of state information related to the Troubles. The Northern Ireland Court of Appeal ruled that the government has excessive veto power over disclosure by the new Independent Commission for Reconciliation and Information Recovery (ICRIR). This case involves Martina Dillon, whose husband Seamus was killed in 1997. Another appeal involves Sean Brown, murdered in 1997, where a coroner found evidence of state agents linked to the murder.
MI5's integrity faces scrutiny from multiple incidents:
- The Manchester Arena bombing inquiry concluded MI5 did not provide an "accurate picture" of key intelligence.
- MI5 provided false evidence to three courts regarding its NCND policy concerning a neo-Nazi agent, prompting a prime ministerial investigation.
- In the Stakeknife investigation, MI5 disclosed crucial documents years late, revealing greater and earlier knowledge of Stakeknife's activities than previously shared with detectives, a failure described as "significant."
Lord Stevens concluded from his investigations that he was "misled deliberately" and "criminally obstructed," while MI5 "failed to disclose information." Judge Pomerance stated, "The state viewed itself as above the law."
Eugene Thompson received an apology from PSNI for police failures related to his brother's murder before his death. Families of Troubles victims continue to advocate for truth and accountability, often undertaking their own investigations due to a lack of state action.