Provision of False Evidence by MI5: Investigatory Powers Commissioner

In July this year, the High Court and the Investigatory Powers Tribunal handed down judgments following MI5’s provision of incorrect evidence to the courts in relation to the case of agent X.

On 2 July the High Court concluded that the High Court, the Investigatory Powers Tribunal, the Investigatory Powers Commissioner and the associated special advocates were misled by MI5. It also concluded that—once it had been determined that the evidence given to the courts was incorrect—the subsequent investigations carried out suffered from serious procedural deficiencies. As such, the High Court ordered that a “further, robust and independent investigation” should take place and recommended that this should be led by the Investigatory Powers Commissioner.

In its judgment of 30 July, the Investigatory Powers Tribunal agreed with the High Court’s conclusions and set out further specific issues on the provision of false evidence. The tribunal requested these were answered via further investigation and again recommended this be taken forward by the Investigatory Powers Commissioner’s Office. Both courts will use the outcome of this investigation to determine their next steps in relation to the case of agent X.

Exercising the power conferred by sections 230 & 234(3) of the Investigatory Powers Act 2016, I have now issued a direction to the commissioner to commence this investigation immediately. In accordance with my obligation to publish such directions under section 230 of the Investigatory Powers Act 2016, I am depositing a copy of the direction and terms of reference in the Libraries of both Houses.

[HCWS928]