Tag: secrecy

EU borders agency must improve information access arrangements following complaint by Drone Wars UK

Peter Burt

The European Ombudsman has ruled that the European Border and Coast Guard Agency, Frontex, should reform its access to information arrangements following complaints about difficulties in obtaining information made by Drone Wars UK and German open government platform FragDenStaat.

The Ombudsman’s ruling follows a two year investigation which examined how Frontex deals with requests for public access to documents, and particularly requests submitted by email and through civil society access to information websites such as FragDenStaat and AskTheUK.org.  At present Frontex only accepts communications through its own difficult-to-use communication portal and  refuses to communicate by e-mail or third party information access websites – a complicated and unnecessary hurdle for anyone seeking information about the organisation.

As well as investigating the portal requirement and the ability to submit and to receive documents by e-mail the Ombudsman, Emily O’Reilly also inquired into concerns about restrictions imposed by the copyright of Frontex documents, long-term accessibility of documents through the portal, and Frontex’s requirement for those requesting information to submit personal identification and the lack of routes to allow this.

Border Drones

Drone Wars UK submitted an information request to Frontex in July 2020 as part of our ‘Crossing A Line‘ investigation, in which we highlighted the growing use of drones for border control operations and the threats to human rights which this poses.  Read more →

MoD challenged at Information Tribunal on secret UK Reaper drone operations

Chris Cole

Drone Wars appeared in court yesterday to appeal the refusal of the Ministry of Defence (MoD) to give basic details of UK Reaper operations outside of its campaign against ISIS in Iraq and Syria.  Judgement in the case is due to be given in around six weeks’ time.

In January 2020 the MoD refused to answer a Freedom of Information (FoI) request from Drone Wars UK seeking the number of UK Reaper flights that had taken place outside of Operation Shader during 2019 and their location. The request was refused both on national security and international relations grounds. Subsequently, Ministers refused to answer questions both in the House of Commons and the House of Lords about the sorties, claiming that Reaper was an ‘intelligence, surveillance and reconnaissance platform’ and that Ministers “do not comment on intelligence matters.”

Labour MP Clive Lewis wrote directly to the Secretary of State, Ben Wallace, about the matter and was told in response:

“REAPER is not conducting strike operations outside those theatres for which Parliament has approved the deployment of UK Armed Forces. The vast majority of REAPER missions are reconnaissance and surveillance operations and as I am sure you can understand, to reveal where it is conducting those missions would provide valuable information to our adversaries.”

Clive Lewis and crossbench Peer, Baroness Viviane Stern, member of the All Party Parliamentary Group on Drones and Modern Conflict submitted written statements to the Tribunal urging the need for transparency. Mr Lewis argued that  the refusal to answer questions about the deployment of Reaper is “a serious backward step in terms of transparency and accountability.”

Baroness Stern stated:

“Despite repeated attempts by myself and colleagues to attain even the most basic information about the UK’s drone deployments, policy, and commitments, Parliament has not been provided with the accurate and timely information needed to meaningfully carry out its constitutional scrutiny role. Whilst certain details must be kept secret in order to ensure operational and national security, the current trend of withholding information about the use of drones purely because it is seen as an “intelligence” asset, as well as withholding vital information on the UK’s growing military capabilities and commitments is deeply concerning and unjustified.”

In court, the MoD argued against the release of the information on two grounds.  Firstly, that the information was exempt from release under Section 26 of the Freedom of Information Act, arguing that the information would prejudice the capability, effectiveness or security of relevant forces.  Secondly, it argued that release of the information was exempt under Section 27 of the Act, in that its release would prejudice relations between the United Kingdom and any other State and/or the interests of the United Kingdom abroad.  Read more →

Drone Wars continues to pursue details of secret UK drone operations

Chris Cole

Drone Wars is undertaking legal action in an attempt to gain details of secret British Reaper drone operations that has been taking place since at least 2019.  Appealing against the MoD’s refusal to answer both FoI requests and parliamentary questions about these missions, Drone Wars is seeking answers before an Information Tribunal.

Drone Wars discovered in early 2020 that the UK was flying Reaper missions outside of ‘Operation Shader’, the name of the UK’s military operation against ISIS in Iraq and Syria.  Although the MoD acknowledged that such missions were taking place, it flatly refused to detail their location or the number of sorties that had been undertaken.  According to the latest FoI response from the MoD (Jan 2021) it appears these secret sorties are continuing.

After an internal appeal to the MoD was rejected in early 2020, Drone Wars appealed to the Information Commissioner’s Office (ICO) in April 2020 with a response received in January 2021. Although the Commissioner accepted that there is “significant and weighty public interest in disclosure of the withheld information,” she ultimately upheld the refusal to release the information following undisclosed submissions made to the ICO by the Ministry of Defence. Read more →

Five years on from UK’s first drone targeted killing, increasing secrecy needs serious challenge

Chris Cole
Secret British drone operations getting little scrutiny

The long delay to the release of the Intelligence and Security Committee’s Russia report showed all too clearly just how much control the government can wield over Parliament’s weak powers of scrutiny.  While the ramification of this latest setback to parliament’s role of holding the executive to account are still being worked out, the consequences of a similar failure five years ago – when MPs attempted to investigate the use of drones by British forces for targeted killing –  are now apparent.  This should act as a salutary reminder of the need for MPs to constantly push to strengthen their oversight powers.

Five years ago today (21 August 2015), an RAF Reaper drone operating over Syria launched a missile at a vehicle travelling along a dusty road in Raqqa, killing its three occupants including the target of the strike, 21-year old Cardiff-born Reyaad Khan. The targeted killing caused a storm of controversy when then PM David Cameron reported it to parliament three weeks later. The government had not only for the first time launched a lethal strike in a country in which it was not at war, but had also defied a resolution supporting use of force in Iraq though specifically ruling it out in Syria. The government insisted that the operation was necessary as Khan was instigating and encouraging terror attacks in the UK. Read more →

Drone Wars at Ten #2: A decade of challenging drone secrecy

Chris Cole
We were excluded from our 2017 Information Tribunal when it went into closed session

A key aspect of our work over the past decade has been to challenge the secrecy that surround the use of armed drones. The Pentagon and the Ministry of Defence (MoD) insist that many aspects of these operations must remain secret in order to protect lives and national security.  And in some cases, that is no doubt true. However, it is also without question that some of the secrecy that surrounds the use of drones is to enable these systems to be used without awkward and difficult questions being asked by parliamentarians, press and the public.

A narrative has been created around the use of armed drones to try to negate criticism – that they protect troops lives, that they are, in effect, no different from traditional aircraft, that they enable careful and precise airstrikes that ‘take out’ bad guys and leave the innocent untouched. Information and data that could challenge this framing, or enable us to have a better understanding, is often amongst the information refused.  Here are some examples from our work over the past decade: Read more →

FoI reveals UK flying Reaper drone missions outside of operations against ISIS in Iraq and Syria

Chris Cole

The Ministry of Defence (MoD) has revealed in response to an FoI request from Drone Wars UK that British Reaper drones are undertaking missions outside of Operation Shader, the UK’s military operation against ISIS in Iraq and Syria. The MoD has refused to say how many ‘non-Shader’ sorties there have been, or where they are taking place.

There has been no suggestion until now that British drones are undertaking operations elsewhere.  Answers to previous parliamentary questions and FoI’s requests about the use of RAF Reapers have all indicated that since late 2014, they have only been used as part of Operation Shader. The one exception was the mission that undertook the targeted killing of Reyaad Khan in August 2015, which the MoD subsequently insisted was not part of Operation Shader. Read more →