The chief constable of Northern Ireland has initiated an ‘independent review’ of police surveillance practices involving journalists, lawyers, and civil society groups. This decision follows allegations that the police had illegally obtained phone data from journalists labeled as “trouble makers.”
Jon Boutcher, chief constable of the Police Service of Northern Ireland, appointed Angus McCullogh, a special advocate, to conduct a review of “matters of concern” regarding the use of surveillance powers to identify journalists’ confidential sources. This move comes amidst an ongoing investigation into claims that the PSNI unlawfully monitored journalists Trevor Birney and Barry McCaffrey after they exposed police negligence in the investigation of a paramilitary group’s murders in Loughinisland in 1994.
The PSNI acknowledged the unlawful surveillance of McCaffrey’s phone in 2013 to uncover a police corruption informer during a hearing in February. It was also revealed that the Metropolitan Police had obtained data from McCaffrey’s phone in 2011 and had attempted to access Birney’s work emails falsely citing risks to lives.
The BBC has sought legal counsel after allegations arose that journalist Vincent Kearney’s phone was subject to unlawful surveillance during the hearing. Boutcher clarified that recent reports had inaccurately portrayed documents concerning the surveillance activities and had caused public concern over potential misuse of police powers.
He explained that an operation by the PSNI’s Professional Standards Department did not target whistleblowers but rather aimed to investigate criminal activity within the police force. He dismissed claims that journalists were being specifically targeted for surveillance and denied suggestions of lawyers’ phones being monitored.
Boutcher emphasized that McCullogh’s review would not overlap with the ongoing Investigatory Powers Tribunal inquiry. The PSNI has shared a report on its covert investigative procedures with Northern Ireland’s Policing Board, excluding matters under IPT consideration.
In response to Boutcher’s statement, journalists Birney and McCaffrey criticized the PSNI’s pursuit of them over their documentary on the Loughinisland massacre suspects. They called for a public inquiry overseen by the Policing Board to hold the PSNI accountable. Amnesty International and the Committee on the Administration of Justice welcomed Boutcher’s transparency but raised concerns about potential breaches of journalists’ rights and the need for comprehensive disclosure.
The experts appointed to advise on the McCullough Review’s terms of reference include individuals from various civil rights and professional organizations.
Police chief orders independent inquiry into surveillance of journalists and lawyers
