Chris Marshall: Scotland should have an inquiry into undercover policing

Tilly Gifford was just 24 years old when men she believes were undercover police officers attempted to recruit her to spy on her fellow environmental activists.

Tilly Gifford says she was offered money to spy on fellow environmental protesters by men she believes were undercover police (Picture: John Devlin)

Gifford was one of seven protesters belonging to the campaign group Plane Stupid who were arrested for occupying a taxiway at Aberdeen airport in March 2009.

She later recorded exchanges with two men claiming to be from Strathclyde Police who indicated they could pay her for any information she had on her fellow protesters.

Nearly a decade on, Gifford will be among those looking on with interest when justice secretary Michael Matheson delivers a statement on undercover policing at Holyrood today.

The minister tasked HM Inspectorate of Constabulary in Scotland (HMICS) with carrying out a review in 2016 after then Home Secretary Theresa May refused to extend a public inquiry in England and Wales north of the border.

Unlike England’s judge-led inquiry, which has a remit to investigate undercover practices dating back to 1968, the HMICS review is incredibly narrow, focussing on the period since the Regulation of Investigatory Powers Act came into force in 2000.

Its limited scope and the fact one of those involved in carrying out the review was Stephen Whitelock, a former head of Strathclyde Police CID, has not filled campaigners with hope.

Gifford has led attempts to win a judicial review to force either the UK Government to extend its inquiry or have the Scottish Government set up its own.

There are some who believe Mr Matheson is about to do just that.

In a letter sent to the convener of Holyrood’s policing committee last week, the justice secretary – who has had the completed HMICS report since 2 November – confirmed he has been considering the issue of a Scottish inquiry.

Many will question why any of this matters.

If police officers spying on those exercising their democratic right to campaign and protest is not enough, then consider some of the methods used.

In 2015, the Metropolitan Police issued an “unreserved apology” to seven women tricked into having relationships with undercover officers working for the National Public Order Intelligence Unit and the Special Demonstration Squad (SDS).

Those officers included notorious surveillance operative Mark Kennedy who is alleged to have spied on protesters in Scotland during the time of the G8 summit at Gleneagles in 2005.

Another officer, Mark Jenner, is also said to have made trips to Scotland in the late 1990s, a period not covered by HMICS review.

There are also questions over the role of Phil Gormley, Police Scotland’s chief constable who has been on leave since September while bullying allegations against him are investigated.

Mr Gormley was head of Special Branch at the Met in 2006 – the division which had responsibility for the SDS.

He has previously said he is happy to appear before the English inquiry, if called to give evidence.

It remains to be seen how detailed the HMICS report is, although the justice secretary has described it as “detailed and comprehensive”.

It may well pose as many questions as it answers, such as whether undercover officers spied on campaigners in the run-up to the 2014 independence referendum.

A judge-led public inquiry may yet be the only way of getting to the truth.