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.”

Arts and Entertainment
Sydney and Melbourne are locked in a row over giant milk crates
art
News
Kenny Ireland, pictured in 2010.
peopleActor, from House of Cards and Benidorm, was 68
News
A scene from the video shows students mock rioting
newsEnd-of-year leaver's YouTube film features staging of a playground gun massacre
Travel
travel
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Voices
A family sit and enjoy a quiet train journey
voicesForcing us to overhear dull phone conversations is an offensive act, says Simon Kelner
News
i100This Instagram photo does not prove Russian army is in Ukraine
News
Morrissey pictured in 2013
people
Sport
sportVan Gaal has £500,000 video surveillance system installed to monitor Manchester United players
Environment
View from the Llanberis Track to the mountain lake Llyn
Du’r Arddu
environmentA large chunk of Mount Snowdon, in north Wales, is up for sale
Life and Style
Martha Stewart wrote an opinion column for Time magazine this week titled “Why I Love My Drone”
lifeLifestyle guru Martha Stewart reveals she has flying robot... to take photos of her farm
Arts and Entertainment
The Secret Cinema performance of Back to the Future has been cancelled again
filmReview: Sometimes the immersive experience was so good it blurred the line between fiction and reality
News
i100
Life and Style
The director of Wall-E Andrew Stanton with Angus MacLane's Lego model
gadgetsDesign made in Pixar animator’s spare time could get retail release
News
peopleGuitarist, who played with Aerosmith, Lou Reed and Alice Cooper among others, was 71
Environment
Tyred out: should fair weather cyclists have a separate slow lane?
environmentFormer Labour minister demands 'pootling lanes' for women cyclists
News
people
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
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

VB.Net Developer - £40k - Surrey - WANTED ASAP

£35000 - £40000 per annum + competitive: Progressive Recruitment: .Mid Level V...

Digitakl Business Analyst, Slough

£40000 - £45000 per annum + Competitive Benefits: Progressive Recruitment: Dig...

Mechanical Estimator: Nuclear Energy - Sellafield

£40000 - £50000 per annum + Car, Medical, Fuel + More!: Progressive Recruitmen...

Dynamics NAV Techno-Functional Consultant

£50000 - £60000 per annum + benefits: Progressive Recruitment: An absolutely o...

Day In a Page

Dress the Gaza situation up all you like, but the truth hurts

Robert Fisk on Gaza conflict

Dress the situation up all you like, but the truth hurts
Save the tiger: Tiger, tiger burning less brightly as numbers plummet

Tiger, tiger burning less brightly

When William Blake wrote his famous poem there were probably more than 100,000 tigers in the wild. These days they probably number around 3,200
5 News's Andy Bell retraces his grandfather's steps on the First World War battlefields

In grandfather's footsteps

5 News's political editor Andy Bell only knows his grandfather from the compelling diary he kept during WWI. But when he returned to the killing fields where Edwin Vaughan suffered so much, his ancestor came to life
Lifestyle guru Martha Stewart reveals she has flying robot ... to take photos of her farm

Martha Stewart has flying robot

The lifestyle guru used the drone to get a bird's eye view her 153-acre farm in Bedford, New York
Former Labour minister Meg Hillier has demanded 'pootling lanes' for women cyclists

Do women cyclists need 'pootling lanes'?

Simon Usborne (who's more of a hurtler) explains why winning the space race is key to happy riding
A tale of two presidents: George W Bush downs his paintbrush to pen father’s life story

A tale of two presidents

George W Bush downs his paintbrush to pen father’s life story
Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover

The dining car makes a comeback

Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover
Gallery rage: How are institutions tackling the discomfort of overcrowding this summer?

Gallery rage

How are institutions tackling the discomfort of overcrowding this summer?
Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players

Eye on the prize

Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players
Women's rugby: Tamara Taylor adds fuel to the ire in quest to land World Cup

Women's rugby

Tamara Taylor adds fuel to the ire in quest to land World Cup
Save the tiger: The day America’s love of backyard tigers led to a horrific bloodbath

The day America’s love of backyard tigers led to a horrific bloodbath

With only six per cent of the US population of these amazing big cats held in zoos, the Zanesville incident in 2011 was inevitable
Samuel Beckett's biographer reveals secrets of the writer's time as a French Resistance spy

How Samuel Beckett became a French Resistance spy

As this year's Samuel Beckett festival opens in Enniskillen, James Knowlson, recalls how the Irish writer risked his life for liberty and narrowly escaped capture by the Gestapo
We will remember them: relatives still honour those who fought in the Great War

We will remember them

Relatives still honour those who fought in the Great War
Star Wars Episode VII is being shot on film - and now Kodak is launching a last-ditch bid to keep celluloid alive

Kodak's last-ditch bid to keep celluloid alive

Director J J Abrams and a few digital refuseniks shoot movies on film. Simon Usborne wonders what the fuss is about
Once stilted and melodramatic, Hollywood is giving acting in video games a makeover

Acting in video games gets a makeover

David Crookes meets two of the genre's most popular voices