NUJ joins IPT hearing over surveillance of journalists

  • 30 Sep 2024

The union has called for full transparency of any unlawful monitoring of journalists Trevor Birney and Barry McCaffrey, ahead of Investigatory Powers Tribunal hearings this week.

The National Union of Journalists (NUJ) will attend Investigatory Powers Tribunal (IPT) hearings at the Royal Courts of Justice from 1 October, considering evidence of unlawful surveillance by the Police Service of Northern Ireland (PSNI) into journalists Barry McCaffrey and Trevor Birney. The latest phase in the hearing arises from covert surveillance of the makers of groundbreaking film, ‘No Stone Unturned’; the documentary told the story of the 1994 loyalist killing of six men in a bar in Loughinisland, Co Down while watching the World Cup. 

The NUJ was granted leave to join the case in July when seeking permission to inform on the wide-ranging and grave implications of the covert monitoring of journalists. Earlier IPT hearings revealed McCaffrey and Birney were subjects of a PSNI operation in efforts to reveal their sources for the ‘No Stone Unturned’ documentary. The journalists previously received substantial damages following a criminal investigation launched by the PSNI, including raids overseen by Durham constabulary also involved in the case.

Séamus Dooley, NUJ assistant general secretary, said:

"The upcoming IPT hearing holds huge significance to journalists and other groups possibly targeted by the PSNI in covert surveillance. Journalists must be able to carry out their work confident in the protections afforded them when communicating with sources. Any unlawful monitoring that may have occurred must now be revealed in full. 

"The NUJ welcomes the hearings and the opportunity to provide crucial insight into the concerning implications for journalists. Our support for the journalists impacted by the case has been unwavering - it is now time for full transparency. 

"NUJ involvement is intended to place the unacceptable police practices identified in the case of Barry and Trevor into the wider context of press freedom in Northern Ireland. This was not an isolated incident and the police behaviour has had a chilling effect on journalists and journalism.

"While IPT hearings are often cloaked in secrecy, it is vital that all evidence in this case is heard in public so that we can, at last, hear why legislation designed to target criminals and terrorists was used to target journalists."

Tim Dawson, IFJ deputy general secretary, said:

“The revelations from this tribunal show how vital existing legal protections for journalism are, and how wantonly they have been disregarded by multiple Police forces. Instead of systematically attempting to undermine a reporter’s first duty - to protect their sources - Police attention should have been devoted to bringing to justice the murderers whose unpunished savagery ought to be the real centrepiece of this case.”

Olivia O’Kane, NUJ solicitor, said:

"The NUJ is grateful to the IPT for the opportunity to provide legal submissions in support of all of its member journalists. Any derogation from public interest and investigative journalism, including the protection of confidential journalistic sources should be met with robust legal scrutiny. The media in exercising their role as public watchdog, the fourth estate, have lawful and conditional privileges to scrutinise and hold power to account thereby promoting transparency, accountability and informed public discourse."

The NUJ's legal representatives are solicitor Olivia O'Kane, Brenda Campbell KC and Natasha Morris, NUJ Legal and Equality Officer.

Representatives from Amnesty International and the Committee on the Administration of Justice will also be present at hearings this week.

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