Conclusion
29. The action brought by AKJ and others is likely
to run for some time, whether in the High Court or in the Investigatory
Powers Tribunal, or both. Mr Kennedy told us that he was bringing
an action against the Metropolitan Police Service for failure
in its duty of care towards him as a serving officer. Operation
Herne is investigating the activities of the Special Demonstration
Squad, which could possibly lead to future prosecutions. It
might not be possible to conduct a proper review of the current
legislation until the current legal position has been clarified
by the courts, which is why we have suggested a long timescale
for new legislation to be prepared. However, it is important that
the Home Office start preparatory work now in order to ensure
that there is no further, unnecessary delay.
30. It cannot be sufficiently
emphasised that using the identities of dead children was not
only abhorrent, but reflects badly on the police. It must never
occur again.
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