SPYCOPS inquiry chair Sir John Mitting is facing a legal challenge over his decision not to call blacklisted union activist Dave Smith to give oral evidence next month.

The secretary of the Blacklist Support Group (BSG) has launched a judicial review, saying the decision is “irrational” and in breach of his “legitimate expectation” as a claimant in the inquiry.

Mr Smith co-authored the best-selling book Blacklisted and successfully campaigned for the police investigation into blacklisting, Operation Reuben.

It concluded allegations that Special Branch and the security services had supplied information about union activists both to blacklisting organisations the Economic League and the Consulting Association, as well as directly to multinational construction companies, were “proven.”

He said today: “When we first spoke about police spying on unions and blacklisting we were ridiculed as conspiracy theorists.

“Through our collective campaigning, it is now an acknowledged fact that blacklisting is a real-life conspiracy; orchestrated by big business, the police and security services which has decimated lives and on occasions, taken them.

“The spycops inquiry’s intention to restrict the evidence of blacklisted workers, while at the same time relying on police accounts, is against natural justice and the public interest.

“The irrational decision makes the inquiry look like an Establishment cover-up. We refuse to meekly accept the decision and have had no choice but to legally challenge it.

“Our lawyers at Imran Khan and Partners have today issued judicial review proceedings in the High Court against Sir John Mitting, the chairman of the inquiry, to force him to change his mind.”

The inquiry was contacted for comment.