Campaigners seeking extension of undercover policing inquiry granted full judicial review

Welcoming yesterday’s decision, Dr Nick McKerrell, lecturer in civil liberties and human rights at Glasgow Caledonian University, told Scottish Legal News that the case could “help challenge the secrecy surrounding the world of spycops”.

Tilly Gifford began proceedings earlier this year after the Home Office refused to extend an inquiry south of the border to Scotland.

Sitting in the Court of Session yesterday, Lord Arthurson allowed the case to go forward to a full judicial review.

The Scottish government declined to establish an inquiry in Scotland but MSPs believe there is evidence that the National Public Order Intelligence Unit (NPOIU) and the Special Demonstration Squad (SDS) monitored campaigners in Scotland and that there were Scottish officers in those units.

Current Police Scotland Chief Constable Philip Gormley was head of Special Branch in 2006, which had responsibility for the SDS.

Dr McKerrell told Scottish Legal News: “The granting of permission for a full judicial review of the UK and Scottish governments’ decisions is very welcome and a big victory for campaigners seeking to shine a light on the murky world of undercover policing.

“The action seeks to review the decision of the UK Govt not to extend the current Pitchford Inquiry into Undercover Policing into Scotland despite evidence that they were operating here. At the same time there is a challenge to the decision of the Scottish Government not to order an independent Scottish inquiry.

“The UK Government argued that the time bar (now a strict three months in Scotland) ruled out an action by Tilly as the remit of the Pitchford Inquiry into Undercover Policing was announced in the summer of 2015 - meaning this was the starting point for the three months. Lord Arthurson did not dismiss this argument but said more evidence would have to be led before he could finally decide it.

“The Scottish Government went on another tack - that the challenge was ‘academic’ as the Scottish Government had conceded an internal inquiry by Her Majesty’s Inspectorate of Constabulary (run by the cops themselves). This theoretically could conclude that the Scottish Government needs to hold an inquiry thus the action is pointless. The judge did not accept this and stated there was a need for the issues to be explored judicially.

“So Lord Arthurson clearly concluded a full Judicial Review was needed. Thus the action goes forward to a full hearing - this will allow all the issues to get a legal airing. This can help challenge the secrecy surrounding the world of spycops.”