Rosamund Thomas - Espionage and Secrecy (Routledge Revivals): The Official Secrets Acts 1911-1989 of the United Kingdom

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Routledge Revivals

Espionage and Secrecy

The problems that arose in the 1970s and 1980s related to espionage and secrecy raised serious concern about whether these breaches of Official Secrecy are covered by criminal or civil law. First published in 1991, this book is concerned with the criminal law dealing with Official Secrecy. The author seeks to explain in detail the Official Secrets Acts, setting it in context of other related laws such as the Security Services Act of 1989. While contemporary recent cases are highlighted, such as that of Geoffrey Prime at GCHQ, the author also provides and theoretical and conceptual analysis of the Official Secrets Law from 1911 to 1989.

First published in 1991
by Routledge

This edition first published in 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

1991 Rosamund M. Thomas

The right of Rosamund Thomas to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Publishers Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 9041095

ISBN 13: 978-1-138-68683-0 (hbk)
ISBN 13: 978-1-315-54251-5 (ebk)
ISBN 13: 978-1-138-68691-5 (pbk)

Espionage and Secrecy

The Official Secrets Acts 19111989 of the United Kingdom

Rosamund M. Thomas
Ph.D., M.Soc.Sc., M.A. (Cantab.)

Dedications

My dedications are to concepts and to institutions; the concepts of honour, truth, trust, loyalty, duty, service and education; and the institutions of Queen and country, college and university:

To Queen and Country

My first dedication is to Queen and country by reference to the quotation below, remembering that we all in the United Kingdom constitute our country and should not leave its national security entirely to specific institutions created for that purpose, like the intelligence services, but each must fulfil his or her role as citizen with honour and service.

Breathes there the man, with soul so dead,
Who never to himself hath said,
This is my own, my native land!
Whose heart hath neer within him burned,
As home his footsteps he hath turned,
From wandering on a foreign strand!
If such there breathe, go, mark him well

From Sir Walter Scott, The Lay of the Last Minstrel , Canto Sixth, I.

To College and University

My second dedication is to Wolfson College within the University of Cambridge. Wolfson College, a modern, mainly postgraduate institution of teaching, learning and research, served as the base for most of this research, by means of granting me a College Research Fellowship in the 1980s.
Wolfson College is celebrating its Silver Jubilee this year, 1990. The College President, Professor David G. T. Williams, is also the Rouse-Ball Professor of English Law in the University of Cambridge and, himself, a leading authority on the Official Secrets Acts 19111989 of the United Kingdom. Currently, Professor Williams is the Vice-Chancellor of the University of Cambridge, as well as President of Wolfson College. In these formal roles he, like others, continues to demonstrate daily a deep commitment to higher education.
I wish Wolfson College, its President, Fellows, Students and other members, a rewarding Twenty-Fifth Anniversary.

Notes

In the reporting of the United States case Philip Agee v. Edmund S. Muskie , Secretary of State, Appellant, 629 2d. (1980) at 91, the above extract by Sir Walter Scott is footnoted to explain the meaning of the sentence, The State Department was well advised to mark him well The reference applies to Philip Agee, a United States citizen and former employee of the Central Intelligence Agency (CIA), whose activities in countries outside the United States were considered by some to border on treason (See illustration 1).

Wolfson College is for men and women and was founded as University College in 1965 by the University of Cambridge and recognized as an approved foundation. In 1973 the name was changed to Wolfson College and in 1977 it was recognized as a college. Membership of the College is for graduate, mature, and affiliated students.

First published in 1991
by Routledge
11 New Fetter Lane, London EC4P 4EE

Simultaneously published in the USA and Canada
by Routledge
a division of Routledge, Chapman and Hall Inc.
29 West 35th Street, New York, NY 10001

1991 Rosamund M. Thomas

Typeset in 10/12pt Garamond by Witwell Ltd, Southport
Printed in England by Clays Ltd, St Ives plc

All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopy and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data
Thomas, Rosamund M.
Espionage and secrecy: the Official Secrets Acts 19111989
of the United Kingdom.
1. Great Britain. Official secrets. Disclosure, history.
Legal aspects
I. Title
334.10523

Library of Congress Cataloging in Publication Data
Thomas, Rosamund M.
Espionage and secrecy: the Official Secrets Acts 19111989
of the United Kingdom/Rosamund M. Thomas
p. cm.
Includes bibliographical references.
1. Espionage-Great Britain-History. 2. Official secrets-Great
Britain-History. I. Title.
KD8024.T47 1991
345.420231-dc20
[344.205231] 9041095
ISBN 0-415-04067-1

Contents

by John C. Smith C.B.E., Q.C., LL.D., F.B.A.

(between pages 160 and 161)

A great deal has happened in the field of official secrets and espionage since Professor David Williams published his seminal work, Not in the Public Interest , in 1965. There has been a series of notorious cases which excited much public discussion, frequently heated and not always well informed. The issues have been extensively analysed and debated in legal and other learned journals. The time is ripe for an objective re-examination of the whole subject. Dr Rosamund Thomas has provided it in this book. She reveals an encyclopaedic knowledge of the cases and the literature. Her careful analysis of the cases against the background of the general principles of criminal law and evidence and her thoughtful commentary will be essential reading for all who are interested in the subject.

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