Government urged to name Stakeknife

OPERATION KENOVA FINAL REPORT PUBLISHED

Head of Kenova Sir Iain Livingstone has called for the UK Government to publicly name Stakeknife after publishing its final report which detailed how the agent had committed “grotesque serious crime” including torture and murder.

Sir Iain also urged Government to use the principles of the Kenova model for legacy investigations as he presented the 164-page document to his predecessor, and current Chief Constable of Police Service of Northern Ireland, Jon Boutcher marking an end to the nine-year investigation into Stakeknife’s offending and state handling. The Kenova final report also outlined the other separate enquiries carried out by the Kenova team, namely Operations Mizzenmast, Turma and Denton.

The report contains updates on the 10 recommendations made in the Interim Report published in 2024 and urged Government to depart from the Neither Confirm Nor Deny policy (NCND) in regard to Stakeknife on grounds of public interest.

Sir Iain said: “Having spent my life in policing and justice, I support NCND and know its value. Although the policy’s definition and use require review, Kenova has no intention to undermine NCND.

“However, NCND must be exercised in a proportionate and necessary manner and should not be an absolute bar to providing truth and justice. It cannot be used to protect agents who commit grotesque serious crime, leaving victims and families ignored and their demands for information and answers dismissed.

“As this Final Report makes clear, we in Kenova believe there is a compelling ethical case for the UK government to derogate from the NCND policy regarding the agent Stakeknife’s identity. It is in the public interest that Stakeknife is named.”

Stakeknife findings

Operation Kenova was initially set up to investigate the activities of the alleged army agent ‘Stakeknife’ within the Provisional Irish Republican Army’s Internal Security Unit.

The Final Report provides an overview of Stakeknife’s time as an informant, from his recruitment in the late 1970s through to the early 1990s. Investigators discovered a military unit known as the ‘Rat Hole’ was set up solely to assist the management of Stakeknife, and he was given a dedicated phone line which he could call at any time.

In total Kenova discovered 3,517 intelligence reports from Stakeknife including 377 in an 18-month period.

However, it found that ‘time and again’ the reports were not acted upon, with the protection of the agent apparently more important than protecting those who could and should have been saved.

The investigation revealed evidence of Stakeknife’s involvement in serious and unjustifiable criminality, including kidnap, interrogation and murder.

Prosecution files submitted to the Public Prosecution Service for Northern Ireland implicated Stakeknife in 14 murders and the abduction of a further 15 individuals.

MI5 further material recovered

The report outlines state failures around the handling of Stakeknife and describes the late discovery of further material by MI5 after publication of the Kenova Interim Report in 2024. The further material revealed MI5 had earlier and greater knowledge of the agent than previously stated.

Sir Iain said: “While the information in the additional files would not have altered prosecutorial decisions, further investigative opportunities were undoubtedly lost.

“The very fact that material owned and held by MI5 was not timeously disclosed understandably undermined the confidence of communities that state authorities had cooperated fully with Kenova. It was a significant failure on the part of MI5.”

Recovered evidence

The report details how Kenova investigators were able to use new techniques to re-examine exhibits seized during initial investigations such as tapings which had been used to bind or blindfold victims.

These tapings, along with bullet casings, confession tapes and letters and a firearm allowed detectives to identify suspects and even a victim of a non-fatal punishment shooting who was subsequently located as a key witness.

Scientific examination of these exhibits recovered DNA profiles and linked offences or suspects.

Future of legacy investigations

The report refers to the Northern Ireland Troubles Bill, which will repeal the 2023 Legacy Act and establish a reformed Legacy Commission and a joint Independent Commission for Information Retrieval.

In welcoming the new Bill, Sir Iain suggested there was an opportunity to build upon the experience of Kenova to ensure comprehensive, independent investigations and a focus on victims.

Sir Iain said: “Kenova has shown that the truth can be uncovered, but it requires determination, independence, and a commitment to those victims and families. Our work demonstrates the need for rigorous, transparent investigations and for the interests of those most affected to be placed at the centre of legacy processes.

“It is also crucial that sufficient investigative powers and resources are allocated to a reformed Legacy Commission to ensure every piece of available information is accessed and that families are given the whole truth of what happened to their loved ones.

“The lessons from Kenova should inform the new legacy legislation.”

Mizzenmast and Turma

The Kenova Final Report outlines the additional investigations and reviews that PSNI asked Kenova to conduct beyond its initial commission regarding the conduct of the agent Stakeknife.

It summarises Operation Mizzenmast, the investigation into the murder of Jean Smyth-Campbell in 1972, and gives an overview of the background to Operation Turma, the murders of Sergeant Sean Quinn and Constables Paul Hamilton and Allan McCloy in an explosion at Kinnego Embankment in 1982.

Denton

Operation Denton was a thematic review of sectarian attacks by loyalist paramilitaries, referred to as the Glenanne series, between 1972 and 1978. The review examined over 98 incidents resulting in 127 deaths, assessing allegations of collusion between security forces and loyalist terrorists.

It found clear evidence of collusion by some security force members who committed or facilitated horrific acts of sectarian violence including murder. The review also addressed previous investigations and the impact on victims and families, emphasising the importance of transparency and engagement.

The review concluded that no discrete ‘Glenanne gang’ existed but rather there was a broader network involving loyalist paramilitaries and some corrupt security force members. While collusion at the individual level was evident, some of it long established before Denton was initiated, there was no evidence of collusion at a political or strategic level. Denton’s findings included that the Belfast UVF was responsible for the Dublin and Monaghan bombings.

With regard to the entirety of Kenova’s work, Sir Iain said: “The Kenova team has worked intensely to seek answers, provide explanations and pursue justice. At times some of our findings did not align with what victims and families expected. However, our duty was to seek the truth relentlessly and then share as fully as we could with those who deserved to hear it and who had endured the traumatic attacks.

“Victims and families from the Troubles consistently demonstrate dignity and grace in the face of appalling suffering from brutal terrorism, at times compounded by state failures to act legitimately or with empathy and care.

“Kenova has from the outset put the interests of victims and families at the heart of its approach. We learned that an outcome through the criminal justice process may in fact not always be achievable or even what is desired. Kenova detectives prioritised listening and being responsive to questions unanswered for decades.

“This authentic engagement with victims and families is a key factor which distinguishes Kenova and must be adopted if the reformed legacy arrangements are to succeed.”

You can read the full report here.

The Secretary of State for Northern Ireland, Hilary Benn MP, has responded to the Operation Kenova Final Report into the activities of an alleged agent known as ‘STEAK KNIFE’, which has been published by the Police Service of Northern Ireland (PSNI). 

The Secretary of State said: “I want to begin by commending the Kenova team, led by Sir Iain Livingstone and Jon Boutcher, for the exemplary way they carried out their work, built trust with families, put victims first and provided many answers about what happened to their loved ones.

“Operation Turma, which was part of Kenova, resulted in the prosecution of an individual, now extradited from Ireland and awaiting trial, for the murder of three RUC officers in 1982.

‘Kenova has set a standard for future legacy investigations, and we have drawn on a number of those lessons in drafting the Troubles Bill.

“I wish to express my heartfelt condolences to all the families who lost loved ones in the appalling circumstances described in this sobering report.

“Operation Kenova was asked to establish whether there was evidence of criminal offences by the alleged agent known as STEAK KNIFE, or their alleged handlers. 

“The behaviour described of the alleged agent, and their role in the Provisional IRA, is deeply disturbing. It should not have happened, and in recent decades, there have been significant reforms to agent handling practice, including through legislation. The use of agents is nowadays subject to strict regulation, overseen by the Investigatory Powers Commissioner and the Investigatory Powers Tribunal.

“On Operation Kenova’s request to the Government to name STEAK KNIFE, I told Sir Iain Livingstone in August that: “Due to ongoing litigation relevant to the Neither Confirm Nor Deny [NCND] policy, namely the Thompson Supreme Court appeal, a substantive and final response to your request will be provided after judgment has issued in that case.”

“The Government’s first duty is of course to protect national security, and identifying agents risks jeopardising this.

“Today’s Report also makes public the high-level findings of Operation Denton, which looked at killings carried out by the UVF Glennane Gang. The behaviour reported on, including collusion by individual members of the security forces, is shocking.

“The Government will respond to the full Denton Report when it is published, bearing in mind that there are related legal proceedings ongoing in this case and in the case of STEAK KNIFE.”

Stakeknife has been identified by the press as FREDDIE SCAPPATICCI, a leading member of the Provisional IRA’s notorious Internal Security Unit known as The Nutting Squad. He was involved in 14 murders and the abduction of a further 15 people during The Troubles. Scappaticci died in 2023.

Tributes to Sir Iain Livingstone on his retirement from policing

First Minister Humza Yousaf has led tributes to Sir Iain Livingstone QPM who yesterday (August 10) retired from policing after 31 years, including six as Scotland’s Chief Constable.

Sir Iain, who was appointed Chief Constable in August 2018 and served as Interim Chief from September 2017, announced his decision to retire from policing in February.

Having brought stability to Police Scotland, the 56-year-old led the organisation through the delivery of major events and challenges including the Covid pandemic, the policing of COP26, and the death of Her Majesty Queen Elizabeth.

Under his command, Police Scotland has delivered a world-leading homicide detection rate, clearly established a commitment to tackling violence against women and girls, and championed inclusion.

First Minister Humza Yousaf said: “I would like to thank Sir Iain Livingstone for his outstanding leadership of Police Scotland over the past six years.

“During his time in charge, policing of the COVID pandemic, COP26 and the funeral of Her Majesty Queen Elizabeth II showcased all that is best about the qualities and traditions of Scottish policing.

“He has also shown courage and commitment in challenging the institutional and structural barriers that exist within Police Scotland. After 31 years of public service, I wish him well on his retirement.”

Martyn Evans, Chair of the Authority, said: “Sir Iain Livingstone has been integral to delivering the vision of a single national police service and transforming policing over the last decade. In doing so, he has shown great imagination, courage and created much needed stability.

“He has led Police Scotland with dignity, grace and distinction through significant major events and challenges. The Authority is immensely grateful for his contribution and leadership and we wish him well for this next chapter.”

Members of the force executive, probationary constables, and other colleagues, serving and retired, wished him well as he left Police Scotland Headquarters, Tulliallan.

Sir Iain said: “Leading our officers and staff as Scotland’s chief constable to keep the public safe has been the privilege of my professional life.

“I thank and pay tribute to all my colleagues for their dedication and professionalism and to my family for their love and support.

“With the strong and experienced leadership team in place and under the command of new Chief Constable Jo Farrell, I know Police Scotland will continue to deliver ethical and effective policing for our fellow citizens.”

Chief Constable Farrell will take up post on 9 October with Deputy Chief Constable Designate Fiona Taylor QPM taking on the responsibilities of Chief Constable in the interim period.

DCC Taylor said: “On behalf of our officers and staff I thank and pay tribute to Sir Iain for his outstanding public service and inspirational leadership. We wish him and his family the very best.”

A summary of Sir Iain’s career is available on the Police Scotland website here.

Police Scotland is ‘Institutionally racist and sexist’

Chief Constable’s statement on institutional discrimination

Scotland’s Chief Constable Sir Iain Livingstone QPM addressed the matter of institutional discrimination in policing at a meeting of the Scottish Police Authority Board today (Thursday, 25 May). His statement is in full below:

I have been the Chief Constable of Police Scotland for six of our 10 years and have been a police officer, holding the office of Constable for over 30 years. As such, I have a deep and personal sense of duty and responsibility for leading, shaping and representing an institution of which all the people of Scotland should be hugely proud.

Police Scotland has grown into an organisation known to be compassionate, values based, and highly competent. It is well regarded nationally, extremely well regarded internationally, but I know it can improve, must improve.

Institutional racism, sexism and institutional discrimination have become iconic terms in the vital battle to tackle injustice. Police officers and staff, including police leaders, can be conflicted both in acknowledging their existence and in using such terms, fearing it would unfairly condemn dedicated and honourable colleagues or that it means no progress has been made since the 1990s.

Truly, I recognise and understand that conflict. I have experienced that conflict myself over a number of years.

The meaning of institutional racism set out by Sir William Macpherson in 1999 in his report on the appalling murder of Stephen Lawrence in 1993 is, rightly, very demanding.

The phrase, the terminology, however, can be and often is misinterpreted or misrepresented as unfair and personal critical assessments of police officers and police staff as individuals.

That is not the case.

Does institutional discrimination mean our police officers and police staff are racist and sexist? No. It absolutely does not. I have great confidence in the character and values of our people. I am proud of Police Scotland and I am proud of my colleagues, proud of my officers and staff.

So I know and have shared the reservations and concerns about acknowledging that institutional discrimination exists in policing.

However, it is right for me, the right thing for me to do as Chief Constable, to clearly state that institutional racism, sexism, misogyny and discrimination exist. Police Scotland is institutionally racist and discriminatory. Publicly acknowledging these institutional issues exist is essential to our absolute commitment to championing equality and becoming an anti-racist Service. It is also critical to our determination to lead wider change in society.

Prejudice and bad behaviour within policing, as highlighted by court and conduct cases, various independent reviews and by listening to our own officers and staff over recent years, is rightly of great concern and is utterly condemned.

There is no place in Police Scotland for those who reject our values and standards. Our vigilance as an organisation has never been stronger – rigorous recruitment; enhanced vetting; more visible conduct outcomes; and a focus on prevention.

Every officer in Scotland swears an oath when they take up the Office of Constable to do their duty with fairness, integrity, diligence and impartiality, upholding human rights and according equal respect to our fellow citizens, according to law. Such an oath rightly requires high levels of personal accountability.

Our officers and staff, my colleagues, do incredible things to keep our communities safe, to keep their fellow citizens safe. I know they take their duties and responsibilities incredibly seriously. Their success is illustrated by the strong bond of trust we share with the public of Scotland and our role as the service of first and last resort in times of crisis.

But we know, I know, people from different backgrounds or with different requirements don’t always get the service that is their right. We know that, for the same reasons, our own officers and staff don’t always have the experiences they deserve. When an organisation doesn’t have all the necessary policies, processes, practices and systems in place to ensure that doesn’t happen, it’s an institutional matter.

A candid, clear, assessment of institutional discrimination means recognising our absolute duty to provide just and effective policing for all according to their specific needs and circumstances. It also requires identifying and removing the deep-rooted barriers to achieving this. These are necessary steps to progress the commitment that Police Scotland will be anti-racist; a personal commitment I made to my fellow citizens at the commencement of the Public Inquiry into the death of Sheku Bayoh. And, as a commitment to the people of Scotland, it is also a commitment to Sheku Bayoh’s family and loved ones.

The onus is on us, the police service, to address gaps and challenge bias, known or unwitting, at every level, wherever bias occurs, to maintain and build confidence with all communities.

Recognising institutional discrimination, institutional racism, in my view, is a statement of reality. The real challenge, the real test, is how are we working to address it, what are we doing about it?

Our Policing Together programme identifies and co-ordinates effective and sustainable change right across Police Scotland.

We are actively, genuinely, listening to under-represented communities, inside policing and across our country and beyond, to understand how we can better serve them.

We are investing to give every police leader the skills and tools they need to build inclusive, effective teams. We are committed to increasing our knowledge and learning on inclusion. We are open, we want to know more. We are committed to regularly and actively challenging and changing our own policies and procedures to eradicate unwitting bias.

In my view, all organisations, not only in policing, should share and make those commitments to move beyond words and focus on action.

Our intention, my intention, is to move towards meeting the ambition set out by Sir William Macpherson to eliminate racist prejudice and disadvantage and demonstrate fairness in all aspects of policing.

A great strength of policing in Scotland is our diversity – anyone can be a police officer. We will attract, retain and promote a diverse workforce which reflects and represents our communities.

The police are the public and the public are the police and this is truer in Scotland than anywhere else.

Earlier this year, I appointed a chief officer dedicated to providing the sustained and visible leadership required to co-ordinate and drive this essential work.

Of course, our operational response to reports from women; from people with black or Asian heritage; people who have disabilities; LGBTI citizens; anyone from a minority group; is vital, crucial, in maintaining the confidence of all our communities.

The confidence to come forward, the confidence to know you will be treated fairly, treated with respect and with assurance that Police Scotland will respond professionally and with compassion to your own particular circumstances, characteristics and needs.

Developing our policing response to violence against women and girls and hate crime will ensure we continue our vital role in helping build a society in this country where everyone feels safe and secure and is able to thrive and flourish and truly be themselves.

We know the onus is on us in policing to continue to earn the trust of all communities. Because that relationship is the foundation of police legitimacy and vital to our ability to keep people safe. It is our moral duty. It is an operational necessity.

Injustice and discrimination are insidious wrongs with deep roots in history and our work to address institutional discrimination will and must continue beyond me as Chief Constable, beyond any individual. Acknowledging institutional discrimination, acknowledging institutional racism will, I believe, act as a catalyst to drive and embed progress. The whole service must and will retain our resolve, our commitment and our focus.

Our success, the success of policing in Scotland, will be measured by the improved experiences of our officers and staff, and of all the communities, all our fellow citizens, who we serve.

Recognition that institutional racism exists within Police Scotland is a key step, a fundamental step forward towards being an inclusive Service which champions equality for all the people of Scotland. It is the right thing to do and will make policing in Scotland even more effective in keeping people safe.

Understanding and recognising institutional racism and all forms of institutional discrimination within Police Scotland can, and should, be a source of confidence and optimism for officers and staff, for our organisation, that, collectively, we can lead necessary change in the Service and, indeed, contribute to change across society.

And our progress, our commitments, should act as a challenge to other services, other agencies, organisations and institutions – whether in business; academia; political parties; media outlets; bodies across the public, private and third sectors – to look to themselves rigorously and honestly, as we have done, and join and support the mission to eradicate discrimination.

Scotland as a whole must commit ourselves to that purpose. The Police Service of Scotland is committed that mission, committed to ensuring our police service, your police service and institutions are, together with the people of Scotland, building fairness, equality and justice.

Scottish Police Authority Chair’s response to statement on culture in Police Scotland:

Unwitting prejudice, ignorance, thoughtlessness and stereotyping exists in every part of our society and I would challenge any organisation to acknowledge its existence in their service or sector.

The Chief Constable’s announcement today is a watershed moment.

It is widely accepted that policing is not immune to the discrimination that exists in our society.

Acknowledging that the processes, attitudes and behaviours of an organisation are discriminatory – however unconsciously that may be – is the crucial next step for effective organisational development.

Police Scotland have put an enormous amount of work in to the strategies and process to drive a positive and anti-discriminatory culture.

The Authority is confident that this marks that moment for policing – one that moves the focus from continually describing problems within Police Scotland to ‘what and how we change’

Any right-minded person is wholly against such discrimination. However, as I know as former housing campaigner, being against things is not that difficult. The real challenge is to set out ‘what are we for and how are going to get there’ ….. not what are we against.

There will be two small, but very vocal groups, for whom this move to focus on change will be unwelcome.

First, those who think that all police services and indeed all police officers are irredeemably discriminatory. For them there is no optimism for policing. For them, all change is futile as policing is and always will be hopelessly and irreparably discriminatory.

The second group are those who refuse to accept there is any institutional or individual discrimination in policing. For them change is wholly unnecessary. In their eyes no change is needed because there is no problem.

We live in an increasingly polarised society. Given these two rather absurd extremes – hopelessness at one end and complacency at the other – we should be very wary of either pushing or pulling us into their camp.

Both are complete dead ends.

The Authority is grateful to the Chief Constable, his senior team and Police Service of Scotland as a whole. It takes a very advanced degree of realism, self-reflection, strength, effort and courage to reach this point.

Today’s agenda and focus on EDI shows that there is a rock-solid base for this announcement. A clear and open route map to move forward. Making change, measuring that change and increasing the pace of that change is now crucial and will be the test of sincerity.

We must also continue to listen to all those affected. Speak out and never be bystanders and support affected individual and communities.

There will be widespread relief that we can move onto talk about what evidence of change others can offer.

I want to challenge other public and private bodies: charities, academic institutions, the media, staff associations and trade unions. Where does your organisation stand on this issue?

Addressing institutional discrimination is complex and will require sustained joint effort and commitment.

While individual and service actions can make a difference, lasting change will require collective action across all our public and private institutions to create a more equitable and just society.

You can watch the full discussion, including board member questions, on SPA’s Livestream channel.