An announcement has been made by the chief constable of the Northern Ireland Police Service, regarding an independent examination of journalism police surveillance allegations. This announcement follows a tribunal hearing in London over investigatory powers, which caused concern. The tribunal was part of an extant case evaluating claims that Barry McCaffrey and Trevor Birney, detectives, were unlawfully placed under discreet police intelligence.
The chief constable, Jon Boutcher assigned Angus McCullough QC to undertake an independent examination of any surveillance activity against journalists, lawyers, and NGOs, allegedly executed by the PSNI. Mr Boutcher expressed the need to address what he referred to as a misinterpretation of documents presented at the IPT. He explained that the phrase “defensive operation” merely indicated a commonplace protocol applied by professional standards for possible information leaks to the media.
Additionally, he stated that consistent scrutiny of phone calls made through police telephones and police mobile devices is among the techniques employed by the anti-corruption unit of the PSD. He pointed out that there was no covert mechanic at play, as the numbers scrutinized were ones available to the public or provided to the PSNI by journalists.
Mr Boutcher stressed that if any unaccounted call is detected, an email will be sent to the call’s origin, requesting clarification. He underscored that this standard procedure does not entail unmasking whistleblowers, as they possess explicit legal protections. However, he stated that the police are duty-bound to delve into any serious illegal activity that involves police staff.
Further, he mentioned that a list of eight unknown names did not denote journalists under surveillance and was unrelated to the issue at hand. The identities have remained secret due to the need for confidentiality and to ensure the police operations remain secure.
Boutcher also stated that unedited versions of these documents are available to the IPT and they will thoroughly examine them at their October hearing. The review by McCullough was ordered as an additional measure to reassure the public.
“To provide additional confidence, in accordance with my legal obligation to address the Police Board, Angus McCullough KC has been appointed to perform an autonomous inspection of any PSNI surveillance activity involving journalists, lawyers and non-governmental groups or any entities with special recognition,” he announced.
His function will not incorporate anything presently subjected to the jurisdiction of the IPT proceedings.
It will be endorsed by a group of experts and key persons, that includes past police ombudsman Baroness Nuala O’Loan; Patrick Corrigan, Northern Ireland programme chief at Amnesty International UK; Daniel Holder, Committee on the Administration of Justice’s director; Alyson Kilpatrick, head commissioner of the Northern Ireland Human Rights Commission; David Lavery, Law Society of Northern Ireland’s chief executive; and Seamus Dooley, assistant secretary-general of the National Union of Journalists.
A public report will be released upon the completion of the review, as stated by Mr Boutcher.
The master police officer’s statement received a careful acknowledgment from Mr Corrigan as a significant progression to complete exposure.
“We shall collaborate with others to shape the guidelines to ensure the review obtains complete access to all documentation and staff and does not face obstructions while revealing the scope of possibly unlawful surveillance practices,” he explained.
Adding to that, Mr Holder mentioned, “The CAJ applauds the police chief’s initiative in setting up the McCullough inspection to explore the general apprehensions pertaining to PSNI’s surveillance behaviour.
“This inspection enables both the Police Board and the investigatory powers tribunal to uphold their unique duties. In our autonomous capacity, we shall engage to seek that the review address our apprehensions.”