Judges today handed down their unanimous judgment in a case concerning a decision by a coroner to disclose “gists” of information over which the UK government asserted “public interest immunity” (PII).

The government argued that disclosure would be contrary to its controversial “neither confirm nor deny” (NCND) policy on the use of informers or other secret sources of information.

Northern Ireland secretary Hilary Benn previously said he was awaiting the judgment in this case before making a decision on whether to formally name Stakeknife following the final report from Operation Kenova.

The UK Supreme Court case related to a legacy inquest into the sectarian murder of Paul Thompson in Belfast in 1994 by the loyalist paramilitary group the UDA, with suspected state collusion.

Northern Ireland’s High Court and Court of Appeal had both held that the coroner was entitled to release a “gist” of sensitive information to the Thompson family.

The coroner, the PSNI’s chief constable and Paul Thompson’s brother Eugene Thompson were respondents in the appeal, advocating the coroner was entitled to release the gist, a position also taken by the Northern Ireland Human Rights Commission (NIHRC) as intervenors.

Eugene Thompson, who had long campaigned for truth regarding his brother’s killing, was terminally ill at the time of the June Supreme Court hearing and passed away in late July.

Before his death, the PSNI’s chief constable issued an official apology to him for the police failings in relation to the murder, which included failing to arrest and investigate three potential suspects. 

Lawyers for the Committee on the Administration of Justice (CAJ) acted as legal representatives to Mr Thompson.

Commenting on today’s ruling, Daniel Holder, director of CAJ, said: “Three UN experts have already highlighted that a national security veto power in Northern Ireland legacy legislation breaches international law.

“Families have a right to know whether the state was involved in the killing of their loved ones.

“CAJ is concerned that this ruling in practice could enable a secretary of state to conceal the involvement of state agents in killings and other violations during the Northern Ireland conflict.

“The ruling itself implies that doing so is an appropriate application of the government’s ‘neither confirm nor deny’ policy.

“This is despite ministers being ultimately responsible for the security agencies that were running the agents.”

Gráinne Teggart, Northern Ireland deputy director of Amnesty International UK, said: “Today is a grim day for truth. National security cannot be a blank cheque to conceal state wrongdoing or human rights violations.

“NCND is policy, not law. The government’s misuse of this policy continues to block truth, rather than deliver it.

“The Thompson case epitomises everything that is broken in the UK’s legacy approach: secrecy, endless delay, and a state closing ranks against a family seeking answers.

“When multiple government departments line up against one grieving family, it tells victims exactly where they stand. Truth should not depend on how hard families are prepared to fight, or how long they can survive the process.

“This a critical time for truth — the UK government must not take this as an opportunity to entrench secrecy in this or any other case.

“The doubling down on national security that we also see in the Troubles Bill is not the fresh approach victims expected.

“Families must be given the truth they deserve, rather than be forced to continue fighting a state determined to hide it.”

Mark Thompson CEO of Relatives for Justice (RFJ) added: “This case has demonstrated beyond doubt that Paul’s murder involved state agents at some level. The questions have been about the extent of and how far that involvement went.

“It was hoped that the publication of the gist would, in part, seek to address these concerns. For the family today’s ruling has reinforced the view that those running agents/informers remain unaccountable, above and beyond the law.

“Yet again the clear message from this ruling is that the government will do everything within its power to cover those handling and running agents even in circumstances involving murder.

“This does not bode well for any new legacy arrangements. This effectively constitutes the retention of a de facto form of immunity that was previously found to be unlawful within the Legacy Act.

“We want to pay tribute to the late Eugene Thompson who fought for truth and justice for his brother Paul and who sadly passed away earlier this year not long after the supreme court hearing. For him, the ruling came too late.

“However, the extended family, supported by the community, will continue to pursue this case and seek justice for Paul.”

In a statement, Northern Ireland secretary Hilary Benn told MPs: “The government welcomes the unanimous judgment handed down by the Supreme Court.

“This is a highly complex case with wide-ranging implications.

“The government will therefore take time to fully consider all aspects of this judgment, including those relevant to the request made by Operation Kenova for the government to name Stakeknife.

“I will return to the House on this as soon as the government has come to a final view.”