Two investigative journalists, Trevor Birney and Barry McCaffrey, have spoken out after a tribunal ruled that the Police Service of Northern Ireland (PSNI) and the Metropolitan Police unlawfully spied on them. The pair, who were targeted following their work on the documentary No Stone Unturned, believe journalists across the UK are still being monitored.
In a judgment last week, the Investigatory Powers Tribunal (IPT) found that covert surveillance against the journalists was unauthorized and breached their rights. The case stems from the duo’s wrongful 2018 arrest, which had been criticized by Northern Ireland’s top judge.
Journalists Targeted After Investigative Work
Trevor Birney and Barry McCaffrey produced the award-winning documentary No Stone Unturned, which exposed alleged collusion between police and loyalist paramilitaries in a Troubles-era massacre. On the same day as their 2018 arrests, police initiated unlawful surveillance against them.
The tribunal also revealed that McCaffrey had been previously targeted by the Met in 2012 and by the PSNI in 2013. Disclosures showed that other journalists, including Vincent Kearney of RTÉ and BBC reporters, had also had their phone records accessed.
A PSNI report revealed that over the past 14 years, the force applied for phone records of 323 Northern Ireland journalists and 500 lawyers, further highlighting the scale of surveillance targeting the press.
Concerns Over Ongoing Surveillance
Birney expressed grave concerns over the broader implications of the findings, stating: “There is no doubt in my mind that there is a dragnet operation in place today to find journalists’ sources. This culture is endemic, not just in Northern Ireland but across Britain.”
McCaffrey echoed the sentiment, warning that even after the judgment, surveillance practices may continue unchecked.We don’t know if the PSNI resumed these activities the day after the ruling. That’s a scary thought.” The IPT judgment did not implicate MI5 or GCHQ, although the tribunal held closed sessions with these agencies, leaving Birney and McCaffrey in the dark about critical details of the case.
Broader Implications for Press Freedom
The revelations have sparked calls for greater accountability and transparency in how police and security services monitor journalists. Conservative MP David Davis has written to every UK police chief, requesting figures on journalist surveillance practices within their forces.
Despite their victory, Birney and McCaffrey questioned the IPT’s ability to safeguard press freedoms. They discovered that secret investigatory sessions involving MI5, GCHQ, and PSNI occurred without their knowledge. Birney called for a public inquiry to shed light on these practices, stating “We’ve been allowed to look through the letterbox of a very dark house. The house remains dark, and it’s our job to illuminate it.”
The Met claimed it follows lawful protocols under the Regulation of Investigatory Powers Act (RIPA), while MI5 declined to comment.
