Statement from the Investigatory Powers Commissioner’s Office (IPCO) RE: Beth v Security Service [2025] UKIPTrib 8, 30 July 2025

Following today’s judgment of the Investigatory Powers Tribunal in Beth v Security Service, IPCO acknowledges the Tribunal’s findings and recommendations regarding the scope and nature of any further investigation into this matter. 

The Tribunal’s judgment follows the Divisional Court’s recommendation in July that IPCO should conduct “a further, robust and independent investigation” into the Agent X case. In a letter to the Investigatory Powers Commissioner accompanying the judgment today, the Tribunal has made a formal request that IPCO undertake an investigation to answer several questions regarding MI5’s compliance with the duty of candour, as set out in its judgment  The Tribunal is content that this should form part of any investigation that may be directed by the Prime Minister. 

Sir Brian Leveson, the Investigatory Powers Commissioner, said: “In today’s judgment, the Tribunal has requested that IPCO investigate the circumstances by which the Tribunal was misled by MI5; echoing the judgment of the Divisional Court. I have also today received a letter with a formal request from the Tribunal to undertake such an investigation. The integrity of our oversight system depends on accurate and complete information being provided to all relevant bodies. As the Tribunal’s investigation requires me to examine matters beyond my current statutory functions, I await direction from the Prime Minister as to any further investigation I am asked to undertake.” 

IPCO’s previous statement regarding the associated case of His Majesty’s Attorney General v BBC and R (on the application of Beth) v the Investigatory Powers Tribunal, published on 2 July 2025, provides the full background and chronology of our oversight to date and remains available on our website.

The letter from the Tribunal to the Investigatory Powers Commissioner is also available on our website here. 

ENDS   

For media enquires please contact: 
Press Line: 0300 427 2730 | 07356 190877   

Email: IPCOpressoffice@ipco.org.uk   

Notes to Editors   

IPCO provides independent oversight of the use of investigatory powers by intelligence agencies, police forces and other public authorities. The Investigatory Powers Commissioner, Sir Brian Leveson, and his Judicial Commissioners are responsible for overseeing the use of investigatory powers by public authorities which include law enforcement, the intelligence agencies, prisons, local authorities and other government agencies (e.g. regulators). In total over 600 public authorities and institutions have investigatory powers. Further information about IPCO is here: www.ipco.org.uk/   

The formal request for assistance from the Tribunal was made pursuant to its statutory powers in s.68(2) Regulation of Investigatory Powers Act and s.232(1) Investigatory Powers Act 2016. Under s.230 Investigatory Powers Act 2016, the Prime Minister can extend the statutory functions of the Investigatory Powers Commissioner by issuing a direction.