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| Police chiefs have an air of King Canute as they defend their secrecy stance | Police chiefs have an air of King Canute as they defend their secrecy stance |
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| The latest attempts by police chiefs to block the women's legal case have an air of King Canute about them, vainly trying to turn back the tide. | The latest attempts by police chiefs to block the women's legal case have an air of King Canute about them, vainly trying to turn back the tide. |
| The legend of King Canute may be apocryphal, but a modern-day version of the story appeared to play out in the High Court last week. | The legend of King Canute may be apocryphal, but a modern-day version of the story appeared to play out in the High Court last week. |
| Lawyers for the police chiefs were sent into court to fight their corner, but appeared - metaphorically - to have waves lapping around their feet. | Lawyers for the police chiefs were sent into court to fight their corner, but appeared - metaphorically - to have waves lapping around their feet. |
| Last week's two-day hearing was the most recent chapter in the long-running legal action started three years ago by the women who say they were deceived into forming intimate, long-term relationships by undercover officers. (For background, see this and this). | Last week's two-day hearing was the most recent chapter in the long-running legal action started three years ago by the women who say they were deceived into forming intimate, long-term relationships by undercover officers. (For background, see this and this). |
| Police chiefs claim that they cannot contest the legal action as they are hampered by their own absolute policy that they cannot break. | Police chiefs claim that they cannot contest the legal action as they are hampered by their own absolute policy that they cannot break. |
| Under this policy, they say they can at no time neither confirm nor deny whether someone is, or has been, an undercover officer. | Under this policy, they say they can at no time neither confirm nor deny whether someone is, or has been, an undercover officer. |
| They say that if they were to start opposing the women's case, they would be drawn into breaking this policy which is known in their jargon as "neither confirm nor deny" (NCND). They say they cannot for example dispute or concede that an individual acted in a certain way that was being alleged. | They say that if they were to start opposing the women's case, they would be drawn into breaking this policy which is known in their jargon as "neither confirm nor deny" (NCND). They say they cannot for example dispute or concede that an individual acted in a certain way that was being alleged. |
| Lawyers for the police told the court that the policy designed to protect the identities of covert operatives and their operations had been in force for many years and is well-established. | Lawyers for the police told the court that the policy designed to protect the identities of covert operatives and their operations had been in force for many years and is well-established. |
| However lawyers for the women set about showing how the police had themselves broken the policy in this case. | However lawyers for the women set about showing how the police had themselves broken the policy in this case. |
| Read this here for an account of their argument from their QC, Phillippa Kaufmann, who said the police had themselves "departed left, right and centre" from their policy in a "wholly inconsistent and shambolic" way. | Read this here for an account of their argument from their QC, Phillippa Kaufmann, who said the police had themselves "departed left, right and centre" from their policy in a "wholly inconsistent and shambolic" way. |
| One of the examples she highlighted was how police had confirmed Mark Kennedy was an undercover police officer. | One of the examples she highlighted was how police had confirmed Mark Kennedy was an undercover police officer. |
| Rather embarrassingly, Bernard Hogan-Howe, the Metropolitan police commissioner, had himself told a public meeting that an individual known as 'Sutton' who was at the centre of allegations about undercover policing was being subjected to an internal Metropolitan Police investigation, thereby confirming that he was a police officer. 'Sutton' was of course the fake name used by Jim Boyling who infiltrated environmental and animal rights campaigners for five years. | Rather embarrassingly, Bernard Hogan-Howe, the Metropolitan police commissioner, had himself told a public meeting that an individual known as 'Sutton' who was at the centre of allegations about undercover policing was being subjected to an internal Metropolitan Police investigation, thereby confirming that he was a police officer. 'Sutton' was of course the fake name used by Jim Boyling who infiltrated environmental and animal rights campaigners for five years. |
| The Met had earlier accepted that Boyling was a police officer when they started investigating complaints from an activist who had two children with him. The admission (see here) is evident in police correspondence with the activist's solicitor, Harriet Wistrich. | The Met had earlier accepted that Boyling was a police officer when they started investigating complaints from an activist who had two children with him. The admission (see here) is evident in police correspondence with the activist's solicitor, Harriet Wistrich. |
| There are times when public confidence drains away from an inflexible policy when it is applied too rigidly. | There are times when public confidence drains away from an inflexible policy when it is applied too rigidly. |
| Some of the men who had long relationships with the women have themselves admitted they were undercover officers. Bob Lambert has appeared on television seeking to defend what he did while undercover for five years. He has admitted fathering a child with one activist. He has apologised to Belinda Harvey, with whom he had a relationship lasting 18 months. | Some of the men who had long relationships with the women have themselves admitted they were undercover officers. Bob Lambert has appeared on television seeking to defend what he did while undercover for five years. He has admitted fathering a child with one activist. He has apologised to Belinda Harvey, with whom he had a relationship lasting 18 months. |
| Sometimes, the police's behaviour appears risible. Take for example the two reports produced so far by Mick Creedon, the Derbyshire chief constable called in to run the police's internal inquiry into the conduct of the Met's undercover unit, the Special Demonstration Squad (SDS). | Sometimes, the police's behaviour appears risible. Take for example the two reports produced so far by Mick Creedon, the Derbyshire chief constable called in to run the police's internal inquiry into the conduct of the Met's undercover unit, the Special Demonstration Squad (SDS). |
| In his first report, published in July last year, he describes how an individual he labels "a former SDS officer" gave a video interview to the Guardian about the theft of dead children's identities (see here). The only person who did this was Peter Francis, the former SDS officer who has blown the whistle on his old unit. On the day of the report, Creedon told MPs on the home affairs select committee that he wanted to speak to Francis as he was one of the police officers deployed at the time the SDS spied on the family of Stephen Lawrence. | In his first report, published in July last year, he describes how an individual he labels "a former SDS officer" gave a video interview to the Guardian about the theft of dead children's identities (see here). The only person who did this was Peter Francis, the former SDS officer who has blown the whistle on his old unit. On the day of the report, Creedon told MPs on the home affairs select committee that he wanted to speak to Francis as he was one of the police officers deployed at the time the SDS spied on the family of Stephen Lawrence. |
| Scroll forward to March this year, when Creedon published his second report. By that time, Creedon was maintaining that he would neither confirm nor deny whether "Peter Francis was ever an undercover police officer". | Scroll forward to March this year, when Creedon published his second report. By that time, Creedon was maintaining that he would neither confirm nor deny whether "Peter Francis was ever an undercover police officer". |
| A lot of metaphors flew around the High Court last week - the cat is out of the bag, the horse has bolted and so forth. But that's the thing about the "neither confirm nor deny" stance - if it has been admitted once that an individual is an undercover officer, there is no point trying to deny it afterwards. | A lot of metaphors flew around the High Court last week - the cat is out of the bag, the horse has bolted and so forth. But that's the thing about the "neither confirm nor deny" stance - if it has been admitted once that an individual is an undercover officer, there is no point trying to deny it afterwards. |
| For a detailed account of last week's hearing, see this from Jag Bahra from the Law is War blog. | For a detailed account of last week's hearing, see this from Jag Bahra from the Law is War blog. |
| For an acerbic take on 'neither confirm nor deny', read this by 'Alison', one of the women taking legal action against the police. She had a five-year relationship with undercover police officer, Mark Jenner. | For an acerbic take on 'neither confirm nor deny', read this by 'Alison', one of the women taking legal action against the police. She had a five-year relationship with undercover police officer, Mark Jenner. |
| Also worth reading is this from Bristle's Blog from the BunKRS. | Also worth reading is this from Bristle's Blog from the BunKRS. |
| Richard Martin, the Scotland Yard commander responsible for covert policing, told the High Court that he accepted that over time, there had been "some inconsistency" in the police's application of the "neither confirm nor deny" policy, but he added that it was in the public interest that it was enforced in this case. | Richard Martin, the Scotland Yard commander responsible for covert policing, told the High Court that he accepted that over time, there had been "some inconsistency" in the police's application of the "neither confirm nor deny" policy, but he added that it was in the public interest that it was enforced in this case. |
| Mr Justice Bean, the judge sitting in last week's hearing, has now gone away to decide whether he and the other police chiefs are right. | Mr Justice Bean, the judge sitting in last week's hearing, has now gone away to decide whether he and the other police chiefs are right. |