The Protest Busting Formula

Part 2 - Domestic Extremism, mission creep & the criminalisation of protest.

Domestic Extremists "may seek to change legislation or influence domestic policy and try to achieve this outside of the normal democratic process".

Prior to mid 2004 there was no legal definition for the label 'Domestic Extremism'. However, New Labour, under the leadership of Tony Blair, actively encouraged, through a programme of progressive "mission creep", state opposition to quash all forms of dissent. This policy resulted in the defining of the term Domestic Extremism by the Metropolitan Police, the legalisation of political policing and the criminalisation of protest. Organisations and groups were highly critical of the move with Netpol, The Network for Police Monitoring, describing it as a "catch-all term with no legal basis that means, when applied to protesters, whatever the police want it to mean".

Underlying the state's justification for surveillance operations, in particular monitoring the activities of environmental campaigners, was the theory that any disruption to business as usual would cause "severe economic loss to the United Kingdom" and have an "adverse effect on the public's feeling of safety and security".

In successfully redirecting the focus of the G8 Gleneagles Summit protest away from the Dissent! campaign and onto the acceptable face of the Make Poverty History campaign, the state realised it could turn resistance into support, ensuring any form of 'rebellion' remained within the confines of it's political agenda. Chief Constable Wilson stated "We've seen an amazing combined police effort that has delivered what we sought - a safe and secure summit, an opportunity for legitimate protest and a capability to deal with any difficulties that emerged".

Building on the Dissent! networks and organisational success of the G8 protests, an idea for an annual gathering was formulated, with the result that a Camp for Climate Action, modelled on the G8 Hori-Zone camp, was agreed to be held in 2006. The small action group Reclaim Power, who organised the Camp, comprised of the same activists who had gained experience from their involvement with plans for the G8 protests. However, a number of undercover 'Covert Human Intelligence Sources' who had infiltrated the group were also actively participating in the plans for the protest camp. Lynn Watson (alias) and fellow National Police Order Intelligence Unit spy, Mark (Kennedy) Stone (alias), became intrinsic members of the “land group” (a "small group who planned the site take"), carried out "some reccies for actions", involved themselves in the social aspect of the camp as well as having a role driving people to and from the site.

The original objectives of the camp were to close down Drax, the UK’s largest coal-fired power station situated near Selby in North Yorkshire, to demonstrate that communities could live together in a non-hierarchical, environmentally sustainable way and to "kick-start a social movement to tackle climate change”.

The camp organisers, opposed to lobbying government for a top-down solution, published three principles which they felt reflected the underlying problem, and provided a solution to bring about the necessary social and governmental changes if the climate chaos they were highlighting was to be halted.

"1. Climate change is already happening and its effects will be catastrophic if we don’t act now.

2. New technology and market-based solutions are not enough to address the problem - tackling climate change will require radical social change.

3. There is a need to work together in our communities to come up with solutions. We cannot rely on business and government to bring about the radical changes that are needed."

Approximately 600 people turned up for the 10 day protest. However, only a small core at the gathering were what would be classed by the state as 'radical activists'. The majority of those who attended were parents with children and people who had never previously been involved in any form of direct action. One local resident, Mr Hiles, said: “I think there has been more police than protesters. It has been very peaceful – we have had kids here with their parents”.

Six days into the ten day campaign on 31st August 2006, under the title of Reclaim Power, those at the camp held a protest demonstration which converged on Drax in an alleged attempt to shut it down. The protest included a 'kids march' with a giant ostrich puppet made by The Mischief Makers.

The Mischief Makers, formed in early 2005 as a creative response to the G8, were a group of activists and artists based in Nottingham.

The Mischief Makers at G8.

The collective used arts and crafts to support community, environmental and social justice campaigns with its stated aim ''to inspire people and empower them to identify challenges and take action in their local environment". Amongst other protests in March 2006 the group were involved in a banner drop in Sneinton, Nottingham, in protest against plans for an incineration and landfill site.

Industrial spy Paul Mercer, who lived in Nottingham between 2002 and 2007, was actively involved with campaigns in his local area including the Nottingham Against Incineration Landfill (NAIL) campaign.

Those involved with campaign groups in Nottingham at the time Mercer was operating reported that despite being considered instrumental behind the scenes and guiding the direction of campaigns, he never attended committee meetings and kept well out of the public eye. He also told activists he was a freelance journalist which gave him the required justification for always carrying his camera when he attended events and meetings.

In April 2006 Mercer attended a public meeting at Mill Old School Hall to discuss plans to oppose an incinerator where he was accidentally photographed.

Paul Symington Mercer, Mill Old School Hall.

Nottingham was also the location from which Mark Kennedy chose to launch his career as an undercover spy cop. On retiring from the police force Kennedy, for a short period of time, was employed by Global Open, a prominent private security firm known for monitoring and infiltrating campaign groups. Paul Mercer was also employed by the same organisation. Concerns have been raised about the number of officers who, on leaving the force, are employed by private security firms. Information, it has also been alleged, is frequently passed between them.

Edward David (Dave) Jones, also known as 'Bob the Builder', was deployed on two separate occasions by the NPOIU in 2001 and by the Special Demonstration Squad between 2005-2007. After infiltrating Rising Tide, Jones was involved in setting up Climate Camp, he also designed and built some of the camp infrastructure. Reports agree he left the day before the camp officially opened, under the pretence of having to see his sister who was about to give birth.

Edward David Jones was deployed on two separate occasions. The first, in 2000 for the National Public Order Intelligence Unit, when he targeted the anarchist / anti-capitalist group the WOMBLES. His second was between 2005 to 2007 when he infiltrated London Rising Tide and the Camp for Climate Action at Drax (2006), at which point he was deployed by the Special Demonstration Squad.

At six am on 31st August "the Battle of Drax", as it had been billed, commenced. Small groups of protesters, some carrying wire cutters, set off from the camp with the intention of breaking through the fence and shutting down the power station. By eight am reports confirmed that seven activists had broken through the fence and occupied a tower with two others locked-on "somewhere around the perimeter". However, based on information received from undercover intelligence sources, police had been deployed in vast numbers from seven forces under the code name "Operation Harmony". Outnumbered, the protesters were quickly arrested and removed from the site within an hour. At nine am the main march, assembled into blocks and set off. A short while into the demonstration the blocks split up in an attempt to cross the fields and get into Drax. The children's block was brought to a halt by a line of police, while the relatively small number attempting to enter Drax through the perimeter fence were stopped with comparative ease.

However, it was at the fence, whilst attempting to get into Drax, Kennedy, whose disgruntled attitude those present reported, had escalated the situation, was set upon by the police and received numerous injuries, including a prolapsed disc in his back which required surgery.

At what point does an undercover police officer turn into an 'agent provocateur'?

"They kicked and beat me. They had batons and pummelled my head. One officer repeatedly stamped on my back. I had my finger broken, a big cut on my head and a prolapsed disc."

Thirty eight protesters were arrested that day with both the mainstream media and police reporting that despite the small number of arrests, the day was good natured; a "charm offensive" with a festival atmosphere. Those camping had been provided with a helpful leaflet from the police that opened with the warm words, "Welcome to North Yorkshire and the Selby area in particular" and then went on to promise every assistance to facilitate the protest, provided it was peaceful.

Deputy Chief Constable Ian McPherson said of the protesters "This is a sad contrast to the sincere and law abiding intentions of the majority", further going on to say "we are conscious that within that group there is a hardcore - a number of individuals who have made their aims very clear, see themselves as rising above the law and it's those individuals who I think will undermine what is a serious point". Drax, despite earlier claims by Reclaim Power they would close the power station down, remained fully operational.

The camp generated considerable media interest with a myriad of varying reports deluging independent, social and mainstream media. 'Nuff Global Climate Change' made a short film of the 10 day camp, however, analysis of the film demonstrates how far the reality of the camp had travelled from it's initial objective of closing down Drax to becoming a 10 day holiday for eco-elitists and their families. "For 10 days of learning, sustainable living and direct action with over 100 workshops on a wide range of topics the camp is a space to pool knowledge, ideas and inspiration to tackle the root causes of climate change." With the Guardian reporting, in an article headed "In the shadow of Drax, not so much a fight, more like a festival", that no battle to close down the power station had materialised.

The passionate fervour felt by those at the camp that they were the only ones who had any understanding of the gravity of the climate situation gave rise to an almost cult-like blind faith in some. During an interview about the camp one person stated "I was amazed to find that there were people basically arguing we are the only group on this planet who are making the links between climate change and the financial crisis and the economy". With an article in Last Hours concluding "It seemed like a lot of people at the camp seemed to be placing faith in our movement – or this one week of climate camp – being able to stop climate change."

A member of Greenpeace, Jean Welch, who had travelled to be at the protest said, “A shutdown was never the real intention. It was about raising the profile and keeping the issue in the media. The message is to listen to what is being said about the environment and the damage that power stations are doing”.

Significantly, internal police documentation showed, Climate Camp was to become a pivotal event in policing history as it was "the first time domestic extremism took place against national infrastructure in the country".

By 2009 three mysterious organisations were operating under the leadership of Anton Setchell, national coordinator for domestic extremism for the Association of Chief Police Officers (ACPO). ACPO was a private limited company and therefore exempt from any freedom of information laws or any other type of public accountability, despite being funded by the Home Office and being able to deploy officers from regional forces.

Organisational Chart 2004

The National Public Order Intelligence Unit (NPOIU), who manage the database containing information about individual protesters and groups throughout the country, operated from a secret London location with a remit "to gather, assess, analyse and disseminate intelligence and information relating to criminal activities in the United Kingdom where there is a threat of crime or to public order which arises from domestic extremism or protest activity".

Police forces across England and Wales accumulate information on individuals and then pass it back to the NPOIU, with, Setchell has confirmed, a "fair proportion" of the intelligence received coming from Special Branch and officers who monitor and photograph demonstrations. Any sensitive information passed from informants in protest groups and covert human intelligence sources is managed by a sub-section of the NPOIU, the Confidential Intelligence Unit (CIU). The amount of surveillance involved in the collecting of the data is vast, and across the board, including, it has been reported, tracking protester vehicles using automatic number plate recognition cameras. "Police surveillance units, known as Forward Intelligence Teams (FIT) and Evidence Gatherers, record footage and take photographs of campaigners as they enter and leave openly advertised public meetings." This information is logged on files at the NPOIU central office and then “entered on force-wide databases so that police can chronicle the campaigners’ political activities.”

It was also revealed that "surveillance officers are provided with ‘spotter cards’ used to identify the faces of target individuals who police believe are at risk of becoming involved in domestic extremism." This means "high-profile activists regularly seen taking part in protests" are continuously monitored.

No longer in existence following a merger in 2010 with the NPOIU, the National Extremism Tactical Co-ordination Unit (NETCU), set up in 2004 by the Home Office, supported police forces, companies, industries and other bodies that found themselves on the receiving end of protests and campaigns. At the time of Climate Camp, Superintendent Steve Pearl headed up the unit which had been located in Huntingdon, Cambridgeshire because Huntingdon Life Sciences, a research company carrying out animal experimentation, had become the focus of the animal rights movement.

One of NETCU's roles was to provide "security advice, risk assessments and information that can minimise disruption and keep their employees safe". At the time Pearl and his unit, consisting of 16 employees, worked with police forces across the country, kept detailed files on groups, as opposed to individuals, collaborated "with thousands of companies in aviation, energy, research, farming and retail". Concerns were also raised that NETCU had passed personal information about individuals to companies seeking injunctions and that "the unit have been somewhat economical with the truth".

According to NETCU Watch, one of the means of combating protest NETCU recommended was for companies to obtain high court injunctions under the Protection from Harassment Act. Practical help was provided to enable companies pursuing this avenue of stifling protest including, amongst many others, NPower. During the time NETCU was operating, Steven Pearl made statements at virtually every known injunction citing them as a necessity in the interests of the safety of protest.

Timothy Lawson-Cruttenden

Timothy Lawson-Cruttenden, a lawyer who had helped formulate, and was an authority on the Harassment Act 1997, and went on to become the main injunction lawyer, was accused by a representative of Stop Huntingdon Animal Cruelty (SHAC), Dr Max Gastone, of being in bed with NETCU. Dr Gastone who frequently attended court on behalf of SHAC stated "...we would regularly see Steven Pearl sit behind him when we were in court, and it was equally obvious that they were regularly meeting at Lawson-Cruttenden’s offices, often just before hearings. In Pearl, the pharmaceutical industry and others basically had the voice of the police on their side, and as far as we could see he was willing to do what ever they needed".

In 2006 information was made public that Jim Sheldrake and Nic Clay, two NETCU officers, had been passing the names and contact details of police officers to Cruttenden so he could obtain statements in support of his injunctions.

The third section, the National Domestic Extremism Team (NDET), set up in 2005 and located on the seventh floor of 10 Victoria Street, London (a building previously occupied by the Department of Trade and Industry), consisted of detectives who supported police forces around the UK in their attempts to combat protests. Originally the focus of the NDET was on animal rights activists, but it grew to include any crimes "linked to single-issue type causes and campaigns", including environmental groups, Setchell went on to confirm.

The effect of the G8 protests and the first Climate Camp was to turn protest from a spontaneous reaction to a well-organised, pre-planned, military style operation designed to suck the life out of local campaigns and actions. Infiltration and the recruitment of police informers became so much easier and the policing of protests became a simplified operation as dates, times and the action to be taken became common knowledge through the use of social media sites and informers. The middle-class festivalisation of protest also had other far-reaching consequences. People involved knew each other with cliques and leaders taking over and managing protests, but most importantly the working class, those who had battled the hardest against injustices, were ignored. Those whose faces didn't fit into the pretty picture of how a carefully arranged protest should look were also excluded. Divide and conquer, the order from above as a means to squash all forms of effective opposition, became the norm.

Part 3 - The handbook is written!