Sean O'Neill, Crime & Security Editor and Richard Ford, Home Correspondent
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Dozens of prisoners in British jails are routinely under covert electronic
surveillance, security sources told The Times last night.
The controversy over the bugging of conversations between Sadiq Khan, the
Labour MP for Tooting, and his friend and constituent, Babar Ahmad, at
Woodhill prison, Buckinghamshire, highlighted the shadowy area of covert
intelligence gathering in jails.
The operation to monitor Mr Ahmad, who is fighting extradition to the United
States, where he is wanted on terrorism charges, was authorised without the
knowledge of ministers.
It was authorised by senior police officers. Scotland Yard, which takes the
lead on counter-terrorist operations, and Thames Valley Police, in whose
force area Woodhill lies, were aware of it. Neither is prepared to comment.
It was reported last night that the bugging was carried out by Mark Kearney,
49, a former sergeant with Thames Valley Police who is currently facing
prosecution for allegations of wilful misconduct in a public office. He was
a police intelligence officer inside Woodhill prison and has said in court
documents that he was under pressure from the Metropolitan Police to carry
out surveillance on the meeting between the MP and his constituent.
Authority for the surveillance was renewed every 28 days, ran continuously
for a long period and might still be continuing. Mr Ahmad is now held in
Long Lartin prison, Worcestershire.
According to reports last night, the bugging of Mr Khan and Mr Ahmad may have
begun as long ago as 2004 – before Mr Khan became an MP.
Eavesdropping operations are conducted on a significant number of terrorist
inmates and on a large number of prisoners linked to organised crime
networks. They are used to monitor communication with people outside the
jail and can yield vital intelligence about terrorist plots, drug shipments
and other criminal activity.
A security source said it was often not possible to switch the surveillance
on and off and “collateral damage” could occur when exchanges between
prisoners and their lawyers or MPs might be recorded. Such material was
discarded, the source insisted.
The Times was told last night that the Ministry of Justice and the Home
Office were told at official level that the bugging of conversations at
Woodhill had taken place, but that it was not necessarily clear that the
police knew that an MP had been involved in the conversations. It was also
said that ministers had not been told of the tapping and that the first Mr
Straw knew about it was this weekend when he was informed of the report
inThe Sunday Times. “Ministry of Justice officials became aware in December
of issues concerning visits to Woodhill prison by Sadiq Khan,” the ministry
said.
David Davis, the Shadow Home Secretary, described as “extraordinary” the
allegation that Mark Kearney had been pressurised into the bugging.
Downing Street had previously said that it never received a letter about the
issue from Mr Davis. Last night the Shadow Home Secretary said: “After the
lame excuse from No 10, it is becoming apparent that the Government did know
about this very serious issue - at the time I wrote my letter.
“It is beyond belief that the department would not flag up to a minister that
the Wilson Doctrine had been broken within the department.”
There are currently 130 Category A terrorist prisoners in British jails, and
the potential for Islamists to radicalise other Muslim prisoners and convert
impressionable inmates is seen by counter-terrorism police officers as a
serious threat. Belmarsh jail holds the largest concentration. There have
been discussions about dispersing the inmates but that would risk widening
the circle of inmates they could influence.
Last year Phil Wheatley, the Direc-tor-General of the Prison Service, told
the Home Affairs Select Committee he believed that holding all terrorists in
one jail was dangerous. “They can form a very tight cell structure and be
much more dangerous with what they can do in prison and sometimes what they
plan to do outside,” he said.
All Category A prisoners are subjected to mandatory monitoring of their
telephone calls and mail. In some cases, evidence of monitored calls can be
admitted as evidence in trials.
If the inquiry set up by Mr Straw concludes that the bugging of Mr Ahmad was
illegal, it could lead to the prisoner taking action in the courts. His
lawyers are examining whether taping his discussion with his MP breaches his
right to privacy under the European Convention on Human Rights.
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