Government must reveal sensitive data

4 May 2010

The Government must reveal the gist of "sensitive" intelligence material to a man bringing a damages action linked to an airlines terror bomb plot, the Court of Appeal has ruled.

Kashif Tariq, whose cousin was convicted of being involved in the plot, was suspended from his post as an immigration officer due to "national security concerns".

Lawyers for Mr Tariq say he was treated unfairly by the Home Office because he himself was never accused of terrorist activity.

Mr Tariq is seeking damages from an employment tribunal for the loss of his career through racial or religious discrimination.

To pursue his claim he wants to know the essence of the secret intelligence evidence the Home Office is relying on to defend its actions.

Government lawyers argued in the appeal court that, in such cases, having to make disclosure even of the gist of secret material would have "enormous ramifications" if it became the norm.

The Government could be forced to capitulate, rather than defend damages claims at tribunal hearings.

But three appeal judges ruled that Mr Tariq had a right to know the gist both under Article 6 of the European Convention On Human Rights, which safeguards fair trials, and at common law.

The Government has 28 days in which to consider an appeal to the Supreme Court, the highest court in the land.

Copyright © Press Association 2010