Home Secretary: Government accepts court ruling on ‘serious failing’ by MI5

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The Home Secretary has said she is “deeply concerned” that MI5 gave false evidence to the High Court and that the Government accepts a further investigation should take place.

Yvette Cooper told MPs that “internal processes at MI5 must improve” after three judges ruled on Wednesday that a further investigation should be carried out into how it came to give incorrect evidence to the High Court in a bid to secure an injunction against the BBC.

Then-attorney general Suella Braverman asked the court for the injunction in 2022, which prevented the BBC from disclosing information likely to identify a man who allegedly abused two women and is a covert human intelligence source.

But at a hearing earlier this year, the court was told that part of the written evidence provided by MI5 was false.

The Lady Chief Justice Baroness Carr, Dame Victoria Sharp and Mr Justice Chamberlain ruled on Wednesday that, while it was “premature” for contempt of court proceedings to be launched against the organisation, a further investigation should be carried out as probes conducted by MI5 into the matter “suffer from serious procedural deficiencies”.

In a statement on Thursday, Ms Cooper told MPs that MI5 must “always maintain the highest of standards and rigour”.

She said: “I remain deeply concerned that inaccurate evidence was provided to the High Court and Investigatory Powers Tribunal. This was a serious failing by MI5.

“The Government accepts the High Court’s conclusion that a ‘further, robust and independent investigation’ should take place. I will provide further details to the House in due course.

“I have also asked the attorney general to conduct an internal review of how evidence from MI5 should be prepared and presented in future, to respond to the court’s specific findings on witness statements in this regard.

“Alongside this I have asked my officials to review the wider issues raised by this case.

“The vital work MI5 does every day keeps our country safe and saves lives in the face of myriad threats.

“We owe them a debt of gratitude for the work they do.

“But that is also why it is essential that they always maintain the highest of standards and rigour, including in responding to the courts.”

Following the ruling, MI5 director-general Sir Ken McCallum offered a “full and unreserved apology for the errors made in these proceedings”.