Key facts
- MI5 provided false evidence to three courts regarding its 'neither confirm nor deny' (NCND) policy.
- A senior MI5 officer, Officer 2, repeatedly lied, forming the foundation of MI5's false account.
- Another senior MI5 officer, Officer 3, misled colleagues and misrepresented information.
- The investigation confirmed the BBC's earlier revelations that MI5 had lied to the courts.
- MI5 Director General Sir Ken McCallum apologized for the service's failings and incorrect evidence.
MI5 provided false evidence to three courts based on lies from senior officers, according to a damning report by the deputy investigatory powers commissioner, Sir John Goldring. The report heavily criticizes the security service and several senior MI5 figures for their conduct in a case involving a violent neo-Nazi spy, known as Agent X, who abused his then-girlfriend.
Sir John found that one senior MI5 officer, referred to as Officer 2, repeatedly told lies that formed the foundation of MI5's false account to the courts. He denied ever telling a BBC journalist that X was an MI5 agent, despite evidence to the contrary. Another senior officer, Officer 3, is found to have misled his colleagues and not acted in good faith, bearing considerable responsibility for the continuation of MI5's falsehood.
MI5 had claimed it adhered to its 'neither confirm nor deny' (NCND) secrecy policy, which allowed it to withhold information from the abused partner. However, the report confirms the BBC's revelation that MI5 had indeed disclosed the agent's status to the BBC journalist investigating the case in 2020. This falsehood was allowed to take hold and persist, with opportunities to correct the position missed, even though other intelligence agencies were informed of the departure from NCND.
MI5 Director General Sir Ken McCallum has apologized for the "serious failings" and "incorrect evidence" provided to the courts. Home Secretary Shabana Mahmood stated that the findings were stark and that she is taking urgent action to hold MI5 accountable, including strengthening oversight. The investigation was ordered by the prime minister after previous explanations from MI5 were deemed deficient and unreliable by the High Court.