The non-state core participants have consistently argued that photographs of former undercovers should appear on the Undercover Policing Inquiry’s website as a matter of course, to allow those targeted to be able to recall those who were in their groups, especially when considerable time has passed.
This was raised by multiple non-state core participants (including Diane Langford, Dave Morris, Tariq Ali, Christabel Gurney, Lord Peter Hain and Professor Jonathan Rosenhead) who had no recollection of the undercovers that have been identified as spying on them, and so they wished to see the images to jog their memories.
To date, the Inquiry Chair, Sir John Mitting, has declined to let this happen in general, citing a variety of reasons in two published statements. However, he has allowed such photographs to be evidenced by non-state witnesses (e.g. HN354 Vincent Harvey ‘Vince Miller’ ), or where there is a police photograph of the undercover for them to be circulated to witnesses under a restriction order.
The other exception was a series of photographs from a Christmas party in the very early days of the Special Demonstration Squad exhibited by HN334 'Margaret White'. However, when one searches on the Inquiry website for an undercover, such photographs are not clearly associated with the officer.
In its Ninth Update, the Inquiry wrote:
The Chairman has issued two statements setting out the Inquiry’s approach to disclosing photographs of undercover officers taken at the time of their deployment. The first was published on 29 January 2020 and the second on 7 April 2020. In the second statement, the Chairman decided that:
1. Contemporaneous photographs of undercover officers produced to the Inquiry by civilian witnesses will be posted on the Inquiry website along with their witness statements
2. For contemporaneous photographs of undercover officers whose cover name has been released, produced from Police archives or by former Special Demonstration Squad and National Public Order Intelligence Unit officers and staff, the following process will apply:
Photographs will be provided to the recognised legal representatives of core participants and witnesses, subject to a restriction order that requires the legal representative to keep the photograph in their possession and not to permit it to be photographed or otherwise copied. The legal representative will be free to show the photograph to the named core participant or witness.
If any of them (core participant, witness or legal representative) consider that the photograph should be shown to any other named individual or individuals to afford them the opportunity to provide relevant information to the Inquiry, they should apply to the Inquiry for the restriction order be varied to permit that to occur. Unless there is good reason to refuse, permission will be given.
When a core participant or witness is not represented, a member of the Inquiry staff will show the photograph to them.
If the core participant or witness suggests that it would be of assistance to the Inquiry to show the photograph to another person or persons that suggestion will be considered and, if worthwhile, will be put into effect by the Inquiry.