A court ruling that the Metropolitan Police and the Police Service of Northern Ireland unlawfully placed journalists under surveillance has led to renewed calls for a public inquiry into potential abuses of surveillance powers by police forces.
The Investigatory Powers Tribunal found today that a former chief constable of the PSNI, George Hamilton, acted unlawfully by signing off on a directed surveillance operation to identify the suspected source of two Northern Ireland journalists.
The PSNI unlawfully targeted investigative journalists Barry McCaffrey and Trevor Birney after they produced a film documentary, No stone unturned, exposing police collusion with a paramilitary group that murdered six innocent Catholics watching a football match in a pub in Loughinisland, County Down, in 1994.
The PSNI admitted in a report published during the course of the legal proceedings that it had placed over 500 lawyers and 300 journalists under surveillance.
Those targeted included more than a dozen journalists working for the BBC.
PSNI chief John Boutcher appointed special advocate Angus McCullough KC to review “matters of concern” following disclosures that police had used surveillance powers in an attempt to identify journalists’ confidential sources in June 2024.
But campaigners said today that the review does not go far enough, and called for the government to set up a public inquiry into police surveillance of journalists in Northern Ireland and the rest of the UK.
Culture of intimidation and hostility
In an open letter to McCullogh released today, Conservative MP David Davis said it was clear that the PSNI had contributed to fostering a culture of intimidation and hostility towards journalists, as well as “harbouring contempt for both safeguards and the law”.
Davis told McCullogh he was concerned that his independent review lacked the necessary powers to uncover the true extent of the PSNI’s behaviour.
“Without the authority to compel full disclosure from the PSNI and demand the release of all relevant documents, there is a significant risk that crucial evidence will remain concealed,” he added.
Davis said the PSNI had a habit of withholding critical evidence, and that much of the evidence of the PSNI’s surveillance practices was only considered by the Investigatory Powers Tribunal because it was disclosed by Durham Police.
Covert surveillance common practice
“This pattern of behaviour raises doubts as to whether the PSNI will engage in good faith with this review,” he said. “I am particularly worried that covert surveillance to ascertain and identify journalistic sources appears to be common practice for the PSNI.”
“The joint case of Mr Birney and Mr McCaffrey reveals a sustained approach by the PSNI to target anyone who dares to investigate the Police Service’s actions in the Troubles,” added Davis.
Evidence heard by the Investigatory Powers Tribunal showed the PSNI “systematically bypassing judicial oversight and deciding for itself whether to use targeted surveillance mechanisms”. “Time and again, directed surveillance, seizing communications data and data preservation requests were executed without appropriate judicial or independent authorisation,” the letter states.
Davis told McCullogh there was a consistent pattern in the PSNI of misrepresenting the reasons for surveillance.
The PSNI justified its surveillance of Birney and McCaffrey by claiming to target a public official allegedly leaking sensitive documents. “However, it is clear that the focus of these operations were the journalists themselves,” he said.
“What this suggests is that the PNSI’s true objective was to stifle reporting on police misconduct rather than to address any substantive security threats,” said Davis. “This is a grave infringement on both press freedoms and the public interest.
“The PSNI displayed nothing but contempt for the IPT hearings, and as a direct result of their failure to disclose relevant documents, the timetable for the hearings was repeatedly disrupted. This attempt to obstruct the IPT’s ability to access the full scope of unlawful actions is, once again, part of a wider pattern.”
Lack of safeguards
Speaking after the verdict, Birney said the judgement had raised serious concerns about the lack of safeguards and oversight of police operations.
“Only a public inquiry can properly investigate the full extent of unlawful and systematic police spying operations targeting journalists, lawyers and human rights defenders in the north of Ireland,” he added.
McCaffrey called for further investigations after the IPT criticised former PSNI chief constable George Hamilton for approving the unlawful undercover surveillance operation against a civilian member of staff at Northern Ireland’s Police Ombudsman’s Office (PONI).
“That a chief constable has acted unlawfully, we think, is a major embarrassment, and it’s something that needs there to be a public inquiry,” he said.
David Davis MP said that the ruling was the most dramatic and far-reaching by the Investigatory Powers Tribunal to date. “We might have been critical of them in the past,” he said, but the IPT had “highlighted the sheer depth of activity and, frankly, concealed dishonesty on the part of state agencies and in this case two police forces”.
Daniel Holder, director of the Committee on the Administration of Justice, said this was a case where police had very clearly stepped outside the rule of law.
“We’re dealing with something that seems to be part of a much broader pattern and practice of seeking to conceal the involvement of police and other state agents in conflict era violations, and that’s deeply concerning,” he said. “But the fact that this has happened once doesn’t mean it hasn’t happened on other multiple occasions, and that’s what we now need to look into.”
Patrick Corrigan, Northern Ireland director for Amnesty International, described the case as a landmark for press freedom and the rights of journalists to protect their sources, which he described as the cornerstone of any free society.
“The revelation by the tribunal that the PSNI spied on staff from the office of the police ombudsman, the very statutory body which investigates police wrongdoing, should worry everyone who cares about policing and police oversight in Northern Ireland,” he said.
Disclosures in the tribunal hearing revealed that the PSNI conducted a “defensive operation” to monitor phone calls made by police officers and to compare them with phone numbers of journalists who had given their numbers to the PSNI press office.
The purpose of the operation was, among other objectives, to identify officers who may have leaked information to journalists. Although the PSNI suspended the operation for the course of the tribunal hearing, it had told the IPT that it plans to resume the operation today.
Birney said the PSNI had effectively conducted a “drag net” operation against journalists, lawyers and human rights activists.