NUJ seeks leave to join covert surveillance case at Investigatory Powers Tribunal

  • 18 Jul 2024

The NUJ will be legally represented at a resumed hearing of the Investigatory Powers Tribunal today at the Royal Courts of Justice in London (July 18th)  when the union applies to intervene in proceedings examining alleged unlawful covert surveillance of journalists by the Police Service of Northern Ireland.

The case will be heard before IPT,  this the third day of the hearing into the cases of investigative reporters Barry McCaffrey and Trevor Birney. The Tribunal has previously accepted an application by NUJ member Vincent Kearney and the British Broadcasting Corporation to be joined in the case.

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.

Following disclosures relating to Mr Kearney, and the revelations that other journalists, along with lawyers, may have been subject to inappropriate surveillance the NUJ instructed Belfast solicitor Olivia O’Kane of of DWF (NI) LLP. Ms O Kane has prepared  detailed submissions on the impact of surveillance on the ability of journalists to carry out their functions.

Séamus Dooley, assistant general secretary will also attend the hearing, as will Tim Dawson, deputy general secretary, International Federation of Journalists.

Séamus Dooley said:

“We are now seeking the right to present evidence to the IPT about the impact of surveillance. 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.”

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