The Undercover Public Inquiry Into Undercover Political Policing

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On Thursday, 31st October 2024, lawyers (including those at PILC) representing socialists, trade unionists, social justice advocates, animal rights activists, family justice campaigners, and women who were deceived into relationships with undercover officers (collectively known as non-state Core Participants) were informed of new Reporting Restriction Orders set to be imposed this week.

An announcement posted on the Inquiry’s website stated: “A late application for a Reporting Restriction Order has been received and was granted on Thursday, October 31, by the Chair.”

The Inquiry plans to enforce this Reporting Restriction Order throughout the hearings scheduled in November and early December 2024. This order will halt live streaming of the Inquiry, which is currently broadcast on YouTube with a 10-minute delay.

What is a Reporting Restricting Order (RRO)?

An RRO is a legal order that limits or restricts what can be reported or published by the media or other parties regarding certain aspects of the inquiry. They are issued to protect specific interests such as:

i) Privacy and Anonymity: To protect the privacy individuals, especially those who may be at risk if their identities or testimony were made public.

ii) Fairness of Proceedings: To prevent media coverage – it is important to remember this public inquiry has had the most secret hearings.

iii) National Security or Public Interest: To prevent the release of information that could compromise national security, public safety, or other sensitive areas of public interest.

iv) Protecting Ongoing Investigations: To avoid interference with any concurrent or subsequent criminal or civil investigations.

What what would be the effect of the RRO as issued on 31st October 2024?

The immediate impact of the Reporting Restriction Order (RRO) is to halt the live streaming of evidence sessions, covering both activists and undercover police officers scheduled to testify.

The October 31, 2024, statement on the Inquiry’s website explains:

“The practical consequence of this Order, and the impact of other Reporting Restriction Orders in place, is that the Inquiry is unlikely to be able to live-stream evidence, subject to a 10-minute delay, for witnesses appearing in the weeks commencing 4, 11, 25 November and 2 December 2024”

The Inquiry has now entered Tranche 2, Phase 2, with live evidence sessions beginning on 21st October, 2024. This phase will largely focus on activists involved in animal rights campaigns, though not exclusively.

As it currently stands, the RRO will affect hearings scheduled from 4th November 2024 through the week commencing 2nd December, 2024. The November hearings will mainly feature activist testimony, but the RRO’s impact in early December will be particularly significant, as it will restrict the testimony of undercover officer Bob Lambert (HN10), who is due to give evidence during that week.

RRO and objections to them.

On 5th November 2024, a hearing was held where those directly affected by the Reporting Restriction Order (RRO) presented their objections. Activists scheduled to give evidence voiced their concerns, and lawyers representing over 200 Core Participants also submitted arguments opposing the RRO.

Following these objections, the Chair ruled to uphold the RRO. Consequently, live streaming on YouTube will remain suspended. However, a secure link will be made available, allowing Core Participants and media with a direct interest in the hearings and Inquiry to watch live evidence with a 10-minute delay.

Conclusion

The Inquiry has made a slight concession. Live streaming on YouTube is effectively over for this part of the Inquiry. However, the Chair has agreed to provide a secure link for those with a demonstrated need to access the evidence, subject to specific requirements.

Starting Thursday, 7th November 2024, this secure link will be available to non-state, non-police Core Participants who wish to view the proceedings.

This shift reflects a concerning move towards reduced transparency around this level of secret policing. Unfortunately, the Undercover Policing Inquiry seems to be evolving into an undercover public inquiry into undercover policing.