The UK’s Investigatory Powers Tribunal (IPT) has delivered a significant judgment, determining that both the Police Service of Northern Ireland (PSNI) and London’s Metropolitan Police Service engaged in illegal activities by surveilling Northern Ireland journalists Trevor Birney and Barry McCaffrey. This judgment pertains to a covert surveillance operation that had been authorized by a Northern Ireland police chief in a move aimed at unveiling a journalistic source, which the tribunal deemed unlawful.
The IPT, the sole British court tasked with statutory powers to examine secret police surveillance, found that the PSNI had acted unlawfully on multiple occasions in their pursuit to identify the journalists’ sources. The tribunal indicated that the PSNI had improperly accessed the journalists’ telephone communications data, subsequently sharing this information with other law enforcement entities.
In its comprehensive criticism, the judgment also targeted the former Chief Constable of the PSNI, George Hamilton, whose authorization of surveillance on an official at the Office of the Police Ombudsman of Northern Ireland was labeled “unlawful at common law” and contrary to both the European Convention on Human Rights and the Human Rights Act 1998.
Reflecting the gravity of its findings, the IPT has annulled the authorization granted by the Chief Constable and has ordered the PSNI to compensate the journalists for unlawful intrusion. This marks the first instance of the tribunal mandating such compensation.
The origin of this case dates back to 2018, following the arrest of Birney and McCaffrey linked to their investigative work on the 1994 Loughinisland massacre. After a Belfast court deemed their arrests unlawful, the journalists pursued a complaint with the IPT.
Amnesty International has welcomed the decision as pivotal for press freedom, with its Northern Ireland Director, Patrick Corrigan, emphasizing the critical importance of journalists’ rights to protect their sources as foundational to a free society. Corrigan has urged for comprehensive disclosure by the PSNI regarding all abuses of surveillance powers against journalists and others, underscoring the necessity of cast-iron safeguards to prevent future misuse.
The ruling has prompted broader concerns about police oversight in Northern Ireland. The case’s impact was highlighted by Conservative MP David Davis, who remarked on its profound implications, describing it as one of the most “dramatic and far-ranging decisions” from the Tribunal.
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