The National Union of Journalists (NUJ) has been granted the authority to participate in a tribunal hearing concerning allegations of secret surveillance targeting two investigative journalists in Northern Ireland by law enforcement. The complaint was lodged by Northern Ireland-based filmmakers Barry McCaffrey and Trevor Birney and is set to be adjudicated over four days by the Investigatory Powers Tribunal (IPT) in October.
The two journalists were apprehended in 2018 as a part of a PSNI investigation into a potential breach of confidence involving a confidential document disclosed in their film on the infamous Loughinisland massacre during the Troubles. This notorious incident involved the murder of six men as they watched a football match in a pub in the Co Down village in the summer of 1994.
The former chief constable of the PSNI, Simon Byrne, subsequently issued an apology without reservation for their treatment, and the PSNI concurred to compensate the journalists and their film company £875,000 in recompense.
The two journalists, in 2019, requested that the IPT verify whether there had been any illegal surveillance conducted against them. During an initial hearing in London, the tribunal assessed an application from NUJ representatives to take part in the impending substantial hearing.
Ahead of the tribunal, Seamus Dooley, the assistant general secretary of the NUJ, expressed that the application was necessitated by the “grave concern arising from serious revelations impacting our members.” Brenda Campbell KC, representing the NUJ, informed the London tribunal that the case highlights wider public importance issues, with the union able to provide unique and supplemental value to the hearing.
She expressed growing concern among investigative journalists and the public in Northern Ireland about the illegal surveillance of journalists. Acknowledging potential risks to journalistic sources if protection becomes “porous,” she posed the question, “who would dare to be a source under such conditions?”
The tribunal, presided over by Lord Justice Singh, Lady Carmichael, and senior barrister Stephen Shaw KC, agreed that the union could present written submissions of up to 25 pages.
Lord Justice Singh conveyed that an application made by NUJ, seeking to intervene in a current case, had been given due consideration. The verdict was to grant them permission to intervene, but only through a written plea. This decision has followed an announcement made by Northern Ireland’s top cop about an independent review to scrutinise charges of law enforcement agencies conducting surveillance on journalists.
In the previous month, Chief Constable Jon Boutcher had assigned Mr Angus McCullough, KC, the responsibility to independently assess any usage of surveillance on journalists, lawyers, and NGOs by the PSNI. This was announced via a PA release.