Activist loses bid to extend undercover policing probe
Environmentalist Tilly Gifford challenged UK and Scottish governments in court.
A political campaigner has failed to persuade a judge that an undercover policing inquiry should be extended to cover Scotland.
Environmentalist Tilly Gifford raised a judicial review at the Court of Session into a decision made by the Home Office not to examine the role of covert policing north of the border.
Ms Gifford, of Govanhill, Glasgow, also challenged the Scottish Government's decision to not hold a public inquiry on the same issue.
Ms Gifford went to Scotland's highest civil court over she says what happened to her following her arrest at a protest at Aberdeen Airport.
She was a member of an environmental group called Plane Stupid and she says that undercover officers wanted her to supply them with intelligence about the organisation's activities.
Ms Gifford's legal team argued that the decisions by both the UK and Scottish Governments breached her human rights and were unlawful.
However, in a legal judgment issued at the Edinburgh court on Wednesday, judge Lady Carmichael dismissed the action.
Lady Carmichael said that European human rights law didn't apply for the particular circumstances in the case brought by Ms Gifford.
Ms Gifford said: "This is a massively disappointing decision by the Court.
"Our evidence is clear and sound - there has been undercover policing in Scotland, and it needs to be investigated by an independent transparent public inquiry, not just for my sake but for the blacklisted builders, the campaigns, political parties and organisations striving for social justice who have been spied upon."
Neil Findlay, Labour MSP added: "I am deeply disappointed in this decision.
"How can it be fair that victims of unethical and illegal undercover policing in England and Wales will get access to an inquiry but Scottish victims won't.
"This is unjust and wrong."
Ms Gifford was one of seven protesters belonging to the group Plane Stupid who occupied a taxiway at Aberdeen Airport in March 2009.
She later recorded exchanges with men claiming to be from Strathclyde Police who indicated they would pay her for any information she had.
The undercover police inquiry was established in 2015 and is being conducted by retired judge Sir John Mitting.
The inquiry concerns itself with the activities of undercover Metropolitan Police detectives in England and Wales.
A report from Her Majesty's Inspectorate of Constabulary in Scotland (HMICS) previously concluded that undercover officers in Scotland had been well regulated and there was no evidence that officers from Police Scotland had infiltrated campaign groups.
However, it did state that the Metropolitan Police's controversial Special Demonstration Squad (SDS) and National Public Order Intelligence Unit (NPOIU) had both deployed officers to Scotland.
The report said: "The use of undercover officers is a legitimate policing tactic and has been used effectively in Scotland.
"There was no evidence that undercover advanced officers from Police Scotland had infiltrated social justice campaigns or that officers had operated out with the parameters of the authorisation.
"The extent and scale of undercover deployments in Scotland between 2000 and 2016 demonstrate that the use of undercover policing in Scotland cannot be considered to be widespread."