MI5 allegedly applies for secret court session after informant sues for being denied protection

Former IRA mole accuses Home Office of cover-up and claims he was denied medical treatment after being shot by IRA hit team

MI5 has allegedly applied for a controversial secret court hearing after being sued by a former IRA mole who claims he has been denied medical treatment after being shot in a reprisal attack.

Martin McGartland, originally from west Belfast, has been credited with saving the lives of 50 police officers and soldiers in Northern Ireland as a spy within the IRA providing intelligence to the special branch of the Royal Ulster Constabulary.

He is suing MI5 and the Home Office for failing to support him after he was attacked and repeatedly shot by an IRA hit team who tracked him to a safe house in North Tyneside in 1999.

Mr McGartland has told The Independent that solicitors acting for the Home Office, the government department responsible for the Security Service, have applied to have the matter dealt with by a Closed Material Procedure (CMP) hearing.

At CMPs, due to come into force shortly with the introduction of the Justice and Security Act 2013, claimants must be represented before the judge by special advocates who have been cleared for security. Such a hearing would mean that neither Mr McGartland or his lawyers were able to attend.

Labour, which says CMPs deviate from the “tradition of open and fair justice”, has called for the use of such closed proceedings to be limited unless a judge agrees a fair verdict cannot be reached by any other means.

The Law Society president, Lucy Scott-Moncrieff, has also raised objections to CMPs on the grounds that they undermine the essential principle of justice that all parties are entitled to see and challenge all the evidence placed before the court.

CMPs are seen by the Government as a way of bringing before a judge information which, for security reasons, cannot be revealed in open court.

Mr McGartland said that funding for treatment he was receiving for the post-traumatic stress disorder he suffered after the assassination attempt had been stopped. He claimed the secret hearing was designed to cover up the Home Office’s failure to meet its duty of care, rather than to protect genuine state secrets.

“This is being done despite my legal case against them being related to their removing funding for my medical treatment, which they were funding after my 1999 shooting,” he told The Independent. “They removed the medical funding even after they were supplied two medical reports stating that I required a further three to five years of treatment. That resulted in a serious deterioration in my condition and it also led to my now requiring round-the-clock care, help and support. In other words MI5 are going to use CMP solely to cover up their own embarrassment and wrongdoing and not, as the Government has been claiming, in cases that relate to ‘National Security’.”

Mr McGartland has become a high-profile IRA mole, with his experiences forming the basis of the 2008 film 50 Dead Men Walking, named after the number of lives he is said to have saved. His cover was blown in 1991 when he fell under suspicion and was “arrested” by the IRA before being taken for interrogation. Believing he was about to be murdered after eight hours of questioning, he threw himself from a third-floor window. He suffered serious head injuries but was rescued by locals  who called an ambulance.

Although the security forces gave him a new identity and a home in England, he was outspoken in criticising what he saw as failures in the campaign to counteract terrorism.

Mr McGartland believes that his willingness to speak out about his experiences has contributed to the Government’s decision to stop paying for his medical and psychiatric care.

A Home Office spokesman said: “There are ongoing legal proceedings in this case and therefore it would be inappropriate to comment.”

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Sheridan Maine: Accounts Assistant

£25,000 - £30,000: Sheridan Maine: Are you looking for a fantastic opportunity...

Neil Pavier: Commercial Analyst

£50,000 - £55,000: Neil Pavier: Are you a professionally qualified commercial ...

Loren Hughes: Financial Accountant

£45,000 - £55,000: Loren Hughes: Are you looking for a new opportunity that wi...

Sheridan Maine: Finance Analyst

Circa £45,000-£50,000 + benefits: Sheridan Maine: Are you a newly qualified ac...

Day In a Page

No postcode? No vote

Floating voters

How living on a houseboat meant I didn't officially 'exist'
Louis Theroux's affable Englishman routine begins to wear thin

By Reason of Insanity

Louis Theroux's affable Englishman routine begins to wear thin
Power dressing is back – but no shoulderpads!

Power dressing is back

But banish all thoughts of Eighties shoulderpads
Spanish stone-age cave paintings 'under threat' after being re-opened to the public

Spanish stone-age cave paintings in Altamira 'under threat'

Caves were re-opened to the public
'I was the bookies’ favourite to be first to leave the Cabinet'

Vince Cable interview

'I was the bookies’ favourite to be first to leave the Cabinet'
Election 2015: How many of the Government's coalition agreement promises have been kept?

Promises, promises

But how many coalition agreement pledges have been kept?
The Gaza fisherman who built his own reef - and was shot dead there by an Israeli gunboat

The death of a Gaza fisherman

He built his own reef, and was fatally shot there by an Israeli gunboat
Saudi Arabia's airstrikes in Yemen are fuelling the Gulf's fire

Saudi airstrikes are fuelling the Gulf's fire

Arab intervention in Yemen risks entrenching Sunni-Shia divide and handing a victory to Isis, says Patrick Cockburn
Zayn Malik's departure from One Direction shows the perils of fame in the age of social media

The only direction Zayn could go

We wince at the anguish of One Direction's fans, but Malik's departure shows the perils of fame in the age of social media
Young Magician of the Year 2015: Meet the schoolgirl from Newcastle who has her heart set on being the competition's first female winner

Spells like teen spirit

A 16-year-old from Newcastle has set her heart on being the first female to win Young Magician of the Year. Jonathan Owen meets her
Jonathan Anderson: If fashion is a cycle, this young man knows just how to ride it

If fashion is a cycle, this young man knows just how to ride it

British designer Jonathan Anderson is putting his stamp on venerable house Loewe
Number plates scheme could provide a licence to offend in the land of the free

Licence to offend in the land of the free

Cash-strapped states have hit on a way of making money out of drivers that may be in collision with the First Amendment, says Rupert Cornwell
From farm to fork: Meet the Cornish fishermen, vegetable-growers and butchers causing a stir in London's top restaurants

From farm to fork in Cornwall

One man is bringing together Cornwall's most accomplished growers, fishermen and butchers with London's best chefs to put the finest, freshest produce on the plates of some of the country’s best restaurants
Robert Parker interview: The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes

Robert Parker interview

The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes
Don't believe the stereotype - or should you?

Don't believe the stereotype - or should you?

We exaggerate regional traits and turn them into jokes - and those on the receiving end are in on it too, says DJ Taylor