NUJ granted leave to join covert surveillance case at Investigatory Powers Tribunal
The union will be able to enter evidence in the hearing into the cases taken by journalists Barry McCaffrey and Trevor Birney arising from surveillance revealed in the aftermath of unlawful police activity.
At a hearing in London on July 18 the NUJ’s application to be joined in the case was granted by the IPT, despite opposition from counsel on behalf of the Metropolitan Police. The NUJ was represented by Brenda Campbell KC and Sean Mullan BL instructed by Olivia O'Kane, partner DWF, Belfast
Brenda Campbell said the NUJ was seeking to be joined to the case as independent representatives who could assist the IPT in understanding the wider implications of the case. Séamus Dooley, NUJ assistant general secretary, was present along with Tim Dawson, deputy general secretary, International Federation of Journalists.
The tribunal has already heard that the PSNI launched a covert surveillance operation following the arrest of NUJ member Bary McCaffrey and Trevor Birney in a bid to unmask one of their sources for their groundbreaking documentary No Stone Unturned on the Loughinisland massacre of June 1994.
Séamus Dooley said:
“Even when the people under surveillance are not journalists, if they are in regular contact with journalists [and are being monitored] that is equally disturbing. The NUJ fully supports the actions of the journalists and have been represented at the previous hearings, as have the International Federation of Journalists, Amnesty International and the Committee for the Administration of Justice.
"The decision to lodge this application is a response to the serious revelations which have caused such grave concern to our members.
“We also welcome the appointment of Angus McCullough KC to conduct an independent review of the force’s alleged use of surveillance against journalists, lawyers, police regulators and NGOs. That is a process separate from this IPT hearing and is a very welcome development.”
The case resumes on October 1 and is expected to last at least three more days. The tribunal president confirmed that the IPT will now hold a separate hearing into the case taken by Vincent Kearney and the BBC. Initially it was proposed to take both cases in October but due to the complex nature of the case and the volume of documentation the cases will not be taken together.
Left to right: Tim Dawson, Séamus Dooley, Brenda Campbell , Olivia O'Kane and Sean Mullan outside the Royal Courts of Justice, London
Picture of Bary McCaffrey (left) and Trevor Birney © Kevin Cooper