An attempt to have Northern Security Minister Ms Jane Kennedy face a courtroom questioning over the "Stakeknife" IRA spy affair was dismissed in the High Court in Belfast yesterday.
The North's Lord Chief Justice Sir Robert Carswell also threw out an application for discovery of British government documents about newspaper allegations that Mr Freddie Scappaticci was the top spy inside the IRA.
Mr Scappaticci has already been granted leave to apply for a judicial review of Ms Kennedy's refusal to confirm that he was not an army agent and the hearing is due to take place on Friday.
Barrister Mr Neil Fox, for Mr Scappaticci, said it appeared that the "D" notice committee, a British government department dealing with security matters, had written to certain newspaper editors advising them: "Yes, you can publish this story."
Mr Fox said one editor had confirmed receiving government advice and acted upon it.
"Editors would have been aware that publication of Mr Scappaticci's name would have placed his life in great danger," he said.
"But if there was advice that it was safe to go ahead and publish his name, then it's clear there was government involvement," said Mr Fox. Mr Declan Morgan, for the Minister, said the affidavit before the court confirmed the British government's policy of refusing to confirm or deny the identity of agents.
There had been no departure from that policy, he said.
Mr Justice Carswell said the application to cross-examine Ms Kennedy could not be granted because she had not made an affidavit, as the rules of the court demanded.
Sir Robert gave the Human Rights Commission leave to put in a written submission and said he would decide in the light of the contents whether to allow the commission to intervene at Friday's hearing.