MI5 CHALLENGED ON SECRET VETTING PROCEDURES
01 January 1991
MI5 CHALLENGED ON SECRET VETTING PROCEDURES
bacdoc August=1991
Liberty press release
00.01 Tuesday 9 July 1991
071-403-3888
Liberty is again to challenge employment security vetting by MI5
before the European court. In three new cases it is alleged that
the present secret vetting procedures are unlawful and in breach
of the European Convention of Human Rights.
In all three cases the job applicants appear to have been refused
`security clearance' on political grounds. Subsequent complaints
made to the new Security Service Tribunal were turned down with
no reasons given.
The cases involve:
* A graduate refused appointment as an Intelligence Officer with
the Ministry of Defence. (Case A)
* An engineer refused employment with British Aerospace.
(Case B)
* A clerical officer refused employment with the Central
Office of Information. (Case C)
The case applications allege several breaches of the European
Convention including :
* The new Security Service Tribunal - which neither informs the
applicant of information held against them nor gives reasons for
its decisions - falls to provide an `effective remedy'.
* The other intelligence agencies which gather information used
in vetting procedures - police Special Branch, the Police
National Computer and GCHQ - are not governed by any law.
* The definition of `national security' in the Security Service
Act is vague and open to abuse.
Madeleine Colvin, Legal Officer at Liberty said today:
"Liberty won a case in Europe which forced the government to
introduce the Security Service Act in 1989. Since day one this
has proved to be totally inadequate and was the minimum the
Government could get away with. These cases will show that the
Government will have to go much further in providing an effective
remedy"
At the same time, in a formal complaint, Liberty has asked the
Security Service Tribunal to order the destruction of files held
by MI5 on Harriet Harman MP and Patricia Hewitt. In 1989 the
European Commission on Human Rights held that MI5 had files on
Ms Harman and Ms Hewitt as 'subversives' because of their
association with Liberty.
NOTE TO EDITORS
1. The background history of the case applicants is as
follows:
Case A : During 1977-79 the applicant was actively involved in
left-wing student politics, including membership of the
International Marxist Group (IMG). His political views have
since changed and during the 1987 General Election he
delivered leaflets for the Conservative Party. He is
currently a teacher in Turkey.
Case B: The Applicant served in the Royal Air Force from 1962
to 1975 and then worked on a number of short term contracts in
the Middle East until 1988. He was told 'off the record' that
security clearance had been refused on the grounds of his time
overseas.
Case C: The Applicant is a member of the Communist Party of
Great Britain and has been active in various political
campaigns including CND and Anti- Apartheid. He is now
working as a clerical officer at an old people's home.
2. The Security Service Act 1989 (which was introduced
following the successful European case of Harman and Hewitt v
UK) came into force on 18th December 1989.