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The Big Breach; From Top Secret to Maximum SecurityCompliments of http://www.192.comPersonnel department gave me three months' pay after the sacking. Inthat time they expected me to come to terms with my dismissal, identifya new career and find a suitable job. I had a mortgage to pay and otherfinancial commitments, and no idea what to do for an alternativecareer. Even if I were to lamely accept their advice and work in theCity, a prospect that appalled me, it would mean starting at the bottomof an unfamiliar and considerably less interesting career, with a muchreduced salary. I would accept such misfortune without complaint if mydismissal was merited, but it wasn't.I went to see Dimmock and made my feelings clear but, secure in theknowledge that his decision was unquestionable, Dimmock had little timefor my complaints. `PD/PROSPECT has already lined up some interviewsfor you in the City,' he urged, `but if you really must insist oncomplaining, here's the Staff Counseller's details.' He handed over methe business card of Sir Christopher France with undisguisedexasperation.The Staff Counsellor was a vetted senior civil servant, supposedlyindependent, to whom members of MI5, MI6 and GCHQ could take complaintsor concerns about the conduct of the services, which he was thenempowered to ìnvestigate'. The mechanism was supposed to allow membersof the services to let off steam internally, thus removing the need togo to the courts. In reality, it was little more than window-dressingto fend off criticisms from legislators. Dimmock showed hisexasperation because he knew that my complaint could not change thedecision but would cause him extra paperwork. Nevertheless, I made anappointment to see France in his Whitehall office the next day, and helistened to my complaint patiently, concernedly noting details. I feltthat at least I had a sympathetic ally.France invited me back to his office a month later to give me theresult of his investigation. Ì went to see the Chief,' he announcedloftily, ànd Sir David Spedding assured me that his personneldepartment had done everything they possibly could for you.'`But didn't you ask to see the papers I told you about? Personneldepartment's own minutes directly contradict that claim,' I repliedwith barely contained exasperation.Òh, I could not possibly ask to see the papers of the SecretIntelligence Service!' France replied with horrified surprise. Ànd inany case, to do so would be to doubt the word of Sir David,' he addedloftily.I left the meeting close to tears and with anger welling up inside me.It was not that the procedure had proved ineffective: that I hadexpected. It was just that France, who at the first meeting hadappeared genuinely concerned at my mistreatment, had then dismissed myversion of events after no more than a quick gin and tonic with theChief, and had effectively branded me a liar. Unwittingly, France drovethe wedge between me and MI6 deeper.The only way now to seek an independent judgement of the legality oftheir actions was to go outside the service, and that meant going to anemployment tribunal. A quick search of the telephone directory turnedpage- 145 - To purchase the original limited edition hardback version of this bookplease call 08000 192 192 or go to http://www.192.com
The Big Breach; From Top Secret to Maximum SecurityCompliments of http://www.192.comup a small law firm in north London, Bahsi and Partners, thatspecialised in employment disputes and advertised themselves with thebanner `NO WIN, NO FEE'. This pledge was attractive because my smallsavings were not sufficient to pay lawyers. Satisfyingly, the partnersall had Farsi names and I smiled at the thought of Dimmock receiving adisclosure demand from an Iranian lawyer. A quick phone call and we'darranged a meeting. Two days later they had sent MI6 a preliminarynotification letter, requesting copies of all my personnel papers.My hunch was correct. Dimmock rang me at home. `We can't possibly haveyou taking us to court, we'd have the whole of Fleet Street outside thecourt building,' he whined. `Why don't you come in to see theoutplacement officer, PD/PROSPECT? He's got you a really well-paidpossibility in the City.'Ì've told you already I'm not the slightest bit interested in workingin the bloody City, so please stop imposing your own career regrets onme,' I replied angrily. `You bastards sacked me illegally and it is myright to take you to an employment tribunal.' Dimmock rang offimpatiently.Dimmock wrote to me a few days later, now addressing me as `MrTomlinson' instead of `Richard'. They'd probably already startedtapping my phone too, I thought to myself. Dimmock wanted me to changemy law firm to something `more established' and offered to pay my legalfees. On the face of it, it was quite a generous offer but inevitablythere was a hidden agenda behind personnel department'suncharacteristic platitude. Another search of the phone book, this timelooking for expensive-looking companies with big adverts, turned up theprestigious city firm of Herbert Smiths. The efficient receptionist putme in touch with John Farr, their partner specialising in employmentlaw. Over the next few weeks, we put together a detailed application toan employment tribunal and submitted it to the tribunal centre inNorwich. My last paycheque from the office, for the month of August,arrived a few days later. It would take three or four months for theapplication to come to courts, so my limited savings would have tosupport me in the interim. I was not too concerned - my case for unfairdismissal was straightforward and when I inevitably won MI6 would beforced to reinstate me with full back-pay.My optimism was na‹ve and I underestimated the deviousness ofpersonnel. Farr called me up at home and asked me to go into hisoffices near Liverpool Street station to see him.`There's been an interesting development,' he said, from the other sideof his designer desk. `They've used a Public Interest Immunitycertificate to stop your application.'`What?' I cried angrily. `How the hell can they justify that?' PIIcertificates are a legal mechanism - a sort of `get out of jail free'card - that MI6 occasionally use to get them out of difficult legalsituations. They had last used one to cover up their failings in theMatrix Churchill and Astra scandals. The certificates, obtained fromthe Foreign Secretary via a submission, allow them to block the releaseto the courts of any documents that they assert could `damage nationalsecurity'. Farr explained that he had been visited the previous day bythree legal officers from SIS, who had served the PII certificate onpage- 146 - To purchase the original limited edition hardback version of this bookplease call 08000 192 192 or go to http://www.192.com
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