Tribunal rules police illegally monitored journalists

The Investigatory Powers Tribunal (IPT) has determined that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police engaged in unlawful conduct by monitoring two Belfast journalists in an attempt to uncover their sources. This significant decision, stemming from a case initiated by Barry McCaffrey and Trevor Birney, concluded that the police’s actions during a clandestine surveillance operation were disproportionate and compromised the domestic and international safeguards intended for the media. As a result, the PSNI has been directed to compensate each journalist with £4,000. This marks the first instance where the IPT has ordered a police force to pay damages for an illegal intrusion. The covert operation, launched in 2018, targeted a civilian employee of the Northern Ireland Police Ombudsman. This individual was suspected of providing confidential documents to the journalists, which subsequently featured in “No Stone Unturned,” a documentary focusing on the Loughinisland killings. The documentary revealed police involvement in shielding loyalist gunmen responsible for the murder of six Catholic men while they watched a World Cup football match in a County Down village in 1994. Barry McCaffrey and Trevor Birney were arrested, and their residences and workplaces were subjected to raids. They later succeeded in a court case, which deemed the warrants used for searching their homes “inappropriate.” The High Court judge affirmed that the journalists had acted appropriately and lawfully in safeguarding their sources, leading to the PSNI subsequently paying £875,000 in damages. The journalists presented their case to the IPT at the Royal Courts of Justice in London, contending that law enforcement had made repeated and unwarranted attempts to ascertain their sources. During the tribunal hearing in October, legal representatives for the PSNI refuted allegations of a cynical effort to deliberately bypass the established legal protections for journalists and their sources. However, in its written judgment, the IPT dismissed police assertions that the surveillance operation was solely intended to target the Police Ombudsman official. The IPT also concluded that former PSNI Chief Constable Sir George Hamilton failed to adhere to the requisite legal standards and neglected the necessity for enhanced scrutiny of surveillance requests in matters involving journalists. Additional information disclosed to the IPT indicated that the Metropolitan Police had accessed the phone records of Barry McCaffrey and former BBC journalist Vincent Kearney in 2012. This information was subsequently shared with the PSNI. The BBC and Mr Kearney are pursuing separate legal action through the IPT. Police documents further revealed that Barry McCaffrey was repeatedly characterized as a “suspect” who associated with “other criminal suspects.” Responding to the judgment, PSNI Chief Constable Jon Boutcher stated his acceptance that “due consideration was not given to whether there was an overriding public interest in interfering with journalistic sources before authorising surveillance.” He described this as “one of a number of difficult decisions on a complex and fast moving day for policing in Northern Ireland involving balancing competing interests at pace.” He further affirmed his “committed to ensuring” that the PSNI utilizes its powers in a manner that is “lawful, proportionate and accountable.” A spokesperson for the Policing Board announced that they would “consider the findings of the judgment” and “discuss with the chief constable at the earliest opportunity.” The board has also requested that the chief constable provide the McCullough Report by 31 March 2025. The McCullough Review, led by Angus McCullough KC, is an independent examination of any surveillance conducted by the PSNI against journalists and other specific groups, an initiative announced by the chief constable in June. Trevor Birney welcomed the judgment, stating that the ruling “underscores the crucial importance of protecting press freedom and confidential journalistic sources.” He expressed hope that it would “protect and embolden” journalists pursuing stories in the public interest. He continued, “The judgment serves as a warning that unlawful state surveillance targeting the media cannot and should not be justified by broad and vague police claims.” Birney added, “The judgment raises serious concerns about police abuse of power and the law. Our case has exposed the lack of effective legal safeguards governing secret police operations.” Birney also highlighted, “As a result of our case going to the Investigatory Powers Tribunal, the PSNI has already been forced to admitted that they spied on 300 journalists and 500 lawyers in Northern Ireland.” Mr Birney further asserted that only a public inquiry could adequately investigate the full scope of the police spying operations. Barry McCaffrey commented that the IPT judgment underscored the urgent requirement for enhanced legal protections for journalists and their sources. He stated that the ruling “exposed critical failures in both the monitoring and oversight of surveillance operations carried out against journalists and their sources.” He remarked, “Despite all of their efforts, the police were still unable to identify our sources for the film.” McCaffrey added, “They wasted police time and resources going after us instead of the Loughinisland killers.” He concluded: “The judgment, particularly its condemnation of Sir George Hamilton’s leadership, highlights the urgent need for reform.” McCaffrey emphasized, “The police need to change, they should respect press freedom, they must abide by the rule of law and uphold the democratic principles of transparency and accountability.” Nuala McAllister, an Alliance Party Policing Board member, characterized the day as a grim one for policing in Northern Ireland. She stated, “Freedom of the press is a cornerstone of democracy and something which cannot be compromised.” Séamus Dooley, assistant general secretary of the National Union of Journalists (NUJ), remarked: “At the heart of this case is a lack of regard for due process and a failure to recognise that journalists have a right and duty to investigate matters of public importance.” Patrick Corrigan, Amnesty International’s Northern Ireland Director, stated: “The right of journalists to protect their sources is a cornerstone of a free society, and the PSNI saw fit to ride roughshod over every human rights safeguard designed to protect that right.” He added, “The truth has had to be dragged kicking and screaming into the light, and today’s judgment is testament to the tenacity and determination shown by Trevor Birney and Barry McCaffrey.”