Secret court hearings - Closed material proceedings (CMP) - Justice and Security Act 2013 (JSA)

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Martin McGartland

Martin McGartland

20 April 2015

Dear Ministry of Justice,

This request is for recorded information you hold under FOIA 2000 concerning, Secret court hearings, Closed material proceedings (CMP), Justice and Security Act 2013 (JSA)

1. What is the total cost to date to the taxpayer for all such cases (including all internal, external legal costs, court fees, expenses and all other costs connected with such cases)..

2. How many applications have Ministers, HMG made for CMP's since the JSA 1013 came into force.

3. Regards 2 above, please supply the number of hearings which were granted by the courts as well as those which were not.

4. How many cases relating to CMP's have been appealed and or are the subject of appeal court hearings, cases.

5. How many cases have British Government, Ministers lost and or have been settled out of court by them (for whatever reason) since JSA 2013 came into force.

6. How many of the CMP's relate to Northern Ireland, (the troubles in Northern Ireland) cases.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Martin McGartland, former undercover agent, blames "years of neglect" by MI5 (security service) for leaving him traumatised and unable to work because of his secret life. ...

Theresa May seeks evidence-giving in secret in the Martin McGartland -v- MI5, Security Service legal case ...
Theresa May seeks evidence-giving in secret
John Aston, Published: 19 June 2014

An assurance of "secrecy forever" lies at the heart of the relationship between the British Security Service and its agents, the High Court has heard.

The assertion was made as the Home Secretary applied for a declaration that her lawyers should be allowed to give evidence in secret to defend a damages claim being brought by IRA mole Martin McGartland.

Mr McGartland, together with his partner and carer Joanne Asher, are suing MI5 for breach of contract and negligence in his aftercare following a shooting by the IRA which left him unable to work.

A former agent of the Royal Ulster Constabulary Special Branch, Mr McGartland claims the security services failed to provide care for post-traumatic stress disorder and access to disability benefits.

The west Belfast man's best-selling book about his experiences, 50 Dead Men Walking, has been made into a film.

He blames "years of neglect" by MI5 for leaving him traumatised and unable to work because of his secret life.

According to media reports, his high-profile case is the first of its kind involving court action between an agent and his former employers in the domestic security services.

Home Secretary Theresa May is asking Mr Justice Mitting at London's High Court to allow closed material proceedings (CMPs) to be used when his case comes on for hearing to protect national security.

If the judge allows the application, Mr McGartland, aged 42, and his lawyers will not be able to hear parts of the case or to see "sensitive material".

Special advocates will be appointed to protect his interests.

Powers to hold secret hearings were introduced in July 2013 under section 61 of the Justice and Security Act 2013 so that trials can take place in civil courts without damaging national security.

Mr McGartland's lawyers have described CMPs as "a serious aberration from the tradition of open justice".

They contend Mr McGartland's claim for damages for personal injury does not pose a risk to national security and will not expose any aspect of his undercover work as an informant against the IRA.

They are also challenging the Home Secretary's decision "neither to confirm nor deny" (NCND) that Mr McGartland is a former agent.

Mrs May's stance has meant there has been no response to Mr McGartland's specific allegations that the Security Service withdrew funding for medical treatment, was negligent in the changing of "handlers" and broke promises with regard to financial payments, the installation of a phone line and access to state benefits.

Mr McGartland's legal team are arguing her stance is absurd and unlawful as public statements naming Mr McGartland as an agent have already been made by official bodies including Crown authorities, the police, MPs and the Bloody Sunday Inquiry.

James Eadie QC, for the Home Secretary, said in a written argument before the court: "An assurance of 'secrecy forever' lies at the heart of the relationship between the Security Service and its agents.

"The strict maintenance of the NCND principle is one of the most important means by which the Security Service makes good that assurance."

Mr Justice Mitting proposed a compromise in which the Home Secretary would agree to it being taken as proved - for the purposes of the court hearing only - that Mr McGartland was an agent, without her having to abandon her NCND policy.

The judge said this would enable the courts to deal with the central allegations of negligence and breach of duty of care, which was "what this case is really all about".

The court will hear tomorrow whether the judge's proposal has been accepted by Mrs May, and whether it is acceptable to all parties.

Mr McGartland's solicitor, Nogah Ofer, said before today's hearing that attempting to rely on secret evidence in a civil claim for damages "represents a slippery slope towards ever increasing secrecy undermining fair and equal access to the courts".

She said: "Hiding behind 'Neither Confirm Nor Deny' is absurd when there has been official public confirmation for over a decade of Mr McGartland's role including acknowledgement that he has given valuable service to the country."

McGartland's claim is being brought against the background of the IRA uncovering, in 1991, the fact that he was an informant and he escaped from a kidnap by throwing himself through a third-floor window.

He had a second escape in 1999 when an IRA hit team tracked him down to his "safe" home in Whitley Bay, North Tyneside, where he was ambushed and shot seven times, leaving him with debilitating post-traumatic stress disorder.

During a confrontation with an IRA gunman, McGartland put his hands over the gun barrel and sustained injuries to prevent his attacker from firing into his upper body or head.

ends
Story link; http://www.standard.co.uk/news/crime/the...

Spence, Lucy,

1 Attachment

Dear Mr McGartland
 
Please see the attached letter in relation to your FOI request.
 
Regards
 

Lucy Spence
Operational Support Officer/KILO
London Regional Support Unit
HM Courts and Tribunal Service
Post Point 9.02 / 9th Floor /102 Petty France
London / SW1H 9AJ / DX 152380 Westminster 8

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Communications via the GSi may be automatically logged, monitored and/or
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London RSU Kilo,

Dear Mr McGartland
 
With apologies for the delay, it is taking longer than expected to
establish how this data is held. We anticipate providing a response to you
within the next 7 days and apologise again for the delay.
 
Thanks
Sam

Sam Guy

London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty
France | London | SW1H 9AJ or DX 152380 Westminster 8

Phone 020 3334 2988 | Fax 0870 324 0126
[1][email address

 

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Martin McGartland

Martin McGartland

19 July 2015

Dear Sam Guy ,

On the 19 May 2015 you wrote to inform me; "With apologies for the delay, it is taking longer than expected to establish how this data is held. We anticipate providing a response to you within the next 7 days and apologise again for the delay."
This request had already been delay and there has now been a further 2 month delay since. Would you please let me have your reply without any further delay. I must also ask you to explain the further two month plus delay in dealing with this request.

Yours sincerely,

Martin McGartland

London RSU Kilo,

Dear Mr McGartland

We apologise again for the further delay to you receiving a response, which is due to internal administrative processes taking longer than anticipated. We are endeavouring to conclude these processes as quickly as possible to enable you to receive the response to your FOI request.

Please accept our apologies for these further delays.

Thanks
Sam

Sam Guy

London Regional Support Unit | HMCTS | Post Point 9.02 | 102 Petty France | London | SW1H 9AJ or DX 152380 Westminster 8

Phone 020 3334 2988 | Fax 0870 324 0126
[email address]

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Martin McGartland

Martin McGartland

20 January 2016

Your reference FOI/97267

Dear London RSU Kilo,

I have today made a complaint to the Information Commissioner concerning the 9 month delay and also your failure to deal with my FOI request.

Yours sincerely,

Martin McGartland

MoJ Human Rights, Ministry of Justice

1 Attachment

Dear Mr McGartland,

 

Please find attached the response to your Freedom of Information request.

 

Please accept our apologies for the delay.

 

Yours sincerely,

Human Rights & Security Policy

 

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Martin McGartland (Account suspended) left an annotation ()

MR JUSTICE MITTING Between: (1) MARTIN MCGARTLAND (2) Another Claimants - and - Security Service [MI5] - HMG, THE ATTORNEY GENERAL..... Secret Court hearing Judgement: Click on This Link to read: https://www.bailii.org/ew/cases/EWHC/QB/...

Martin McGartland -v- MI5 ...
Court of appeal Judgement Martin McGartland -v- MI5, Security Serviuce, THE ATTORNEY GENERAL, British Government. Click on link to read: https://www.judiciary.uk/wp-content/uplo...