Public inquiry call as reporter asks what else police failed to disclose
Luke Butterly, The Detail
Covert surveillance operations targeting journalists, including one later ruled unlawful, were withheld from the UK’s surveillance watchdog, it can be revealed.
The PSNI did not tell the Investigatory Powers Commissioner’s Office (IPCO) about two operations, from 2018 and 2023, despite being legally obliged to do so.
Sir Brian Leveson, the Investigatory Powers Commissioner, acknowledged these failures in a letter to the Northern Ireland Policing Board’s human rights advisor, John Wadham. The correspondence was published in the board’s annual human rights report. Mr Leveson, previously one of the UK’s most senior judges, noted his inspectors were not informed of the operations by the PSNI until years later, despite specifically asking about any activities involving journalists at the time.
The PSNI only informed IPCO about the surveillance operations in 2025, after their existence had become public. A spokesman for IPCO said that the PSNI were under a legal duty to inform them of any surveillance relating to journalists at each inspection, and that “any failure to comply with this duty is taken extremely seriously.
”In August 2018, the PSNI authorised a covert surveillance operation in a bid to unmask the journalistic sources of Trevor Birney and Barry McCaffrey. This operation was ruled unlawful in 2024 by the Investigatory Powers Tribunal, a court which looks at complaints against the UK’s intelligence services. Mr Leveson said police were expected to flag any journalist surveillance during annual inspections.“ There is no indication in the 2019 inspection report for PSNI that my inspectors were notified of any covert activity conducted against journalists, or with the intention of identifying a journalistic source,” he wrote.“
Their inspection report records PSNI’s assertion that no confidential material had been collected during the inspection period,” he added“The question remains why the (surveillance) was not specifically brought to my inspectors’ attention in 2019, given its stated objective of identifying a journalistic source.” PSNI chief constable Jon Boutcher, in a letter to the Policing Board about the failure to disclose the operation to inspectors until May 2025, wrote that “no reason or record can be located to explain why this was not highlighted to IPCO as intended.”
He said that the PSNI central record of surveillance authorisations “has been enhanced to prevent this occurring again.”Responding to the revelations, journalist Barry McCaffrey said the PSNI had “misled” the surveillance watchdog.“ What has emerged now is that, like so many others, the IPCO were cynically misled by the PSNI with key evidence of wrongdoing being deliberately withheld from its inspectors, who were supposed to be holding the PSNI to proper scrutiny,” he said.“ This is just the latest in a long list of PSNI attempts to hide and cover-up what it knew was the unlawful surveillance of journalists.“ The Policing Board must now order a full public inquiry.”
Mr McCaffrey said the revelations raised questions about whether the PSNI had failed to disclose other surveillance operations against journalists. Mr Leveson, the IPCO commissioner, also expressed concerns over a PSNI surveillance operation targeting an unnamed journalist in 2023, which was again not disclosed during inspection.“
Again, this authorisation was not brought to my inspectors’ attention, despite their specific enquiry regarding any operations involving confidential journalistic or legally privileged material.”Mr Boutcher wrote that the 2023 surveillance operation was “limited to public ‘tweets’ and did not involve private communications.” He said IPCO was informed on 26 March, 2025. The target of the 2023 surveillance operation is not named the correspondence.
However, earlier that same month the PSNI admitted to monitoring the social media accounts of investigative journalist Donal MacIntyre. The PSNI has consistently cited IPCO inspections as a safeguard against the misuse of covert surveillance powers. Daniel Holder, director of the Committee for the Administration of Justice, said the new revelations raised serious questions for the PSNI and the oversight system.“ Whilst there are also serious questions for the PSNI these current revelations are just further evidence that we cannot continue with a system that is dependent on the PSNI and other bodies here exercising covert powers voluntarily telling the oversight body what they are doing,” he said.
A spokesman for IPCO said that the PSNI are required to inform them “of any surveillance relating to journalists at each inspection.” “Individuals working within PSNI, as with all public authorities, are under a legal duty to provide (IPCO) with all information required for him to fulfil his oversight functions.” “Any failure to comply with this duty is taken extremely seriously,” he added.
PSNI deputy chief constable Bobby Singleton said the police “will continue to work closely with the Policing Board’s Independent Human Rights adviser as we consider and respond to the content and recommendations of this wide-ranging report.”
by askmac
4 comments
Genuine question; how is this story not 1000 times bigger than it is? Where’s the outrage from the NI news media (who are supposed to be journalists lest we forget). Where are the calls for transparency to identify who authorised this? How far up does it go?
Where’s the political pressure to completely overhaul and re-structure the PSNI?
Joining the dots between the Loughinisland massacre and the surveillance of Barry McCaffrey it seems the the NIRPOA (retired RUC group) were directing the PSNI to all intents.
I think if a Police force in Scotland or England were caught doing this it would be a bigger story in NI than this.
This should be everywhere. Surveillance of innocent people out to expose collusion with terrorist forces in plots to kill citizens
This is third world shit and it’s a byline. Heads should roll
NIRPOA are a mafia like organisation who will pull all the strings they can (strings which are very easily pulled without much resistance it seems) to do their utmost to stop any investigations into the collusion inherent within the RUC and work hand in glove with the PSNI and their former running buddies who haven’t yet retired to obstruct justice.
I’m a journalist, I’ve worked here and in England and the level of silence you face covering even normal stories from the PSNI beyond run of the mill statements is unreal.
I remember a few years back there was a mad spate of armed robberies in offies and takeaways in North Belfast and I asked for an interview with their Tennant Street head to discuss the matter as it was clearly the work of an organised crime group and not random robberies due to the frequency and the MO of the robberies, such as weapons, masks, time, getaway car etc.
They flat out refused to speak to us at all, said it was a non-story despite the fact people in the community had reached out to us to say they were terrified their business would be next or their family members who had been robbed had been left traumatised.
This is just one of many examples but honestly to me they’re just not fit for purpose at all.
And they wonder why nationalists won’t join, RUC at it’s heart
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