Angus McCullough KC, the independent reviewer appointed by the Chief Constable of the Police Service of Northern Ireland (PSNI) to examine the conduct of the body has issued a progress report. This report comes out amidst concerns that the PSNI demonstrated unlawful conduct in the surveillance of journalists, lawyers and other groups.
Alleged collusion between PSNI and loyalist gunmen
In December, Yorkshire Bylines reported that the Investigatory Powers Tribunal (IPT) in London ruled that police officers acted illegally by spying on journalists Trevor Birney and his colleague Barry McCaffrey, in a bid to identify their sources.
The pair were first arrested in 2018 after they produced No Stone Unturned, a film about the 1994 Loughinisland killings. The film exposed alleged collusion between police and loyalist gunmen who murdered six Roman Catholic men as they watched a World Cup football match in a local pub.
In a report to the policing board in 2024, the PSNI admitted to making 823 applications for the communications data of journalists and lawyers over a 13-year period from 2011 to 2024.
Those subject to unlawful surveillance come forward
Mr McCullough confirmed that his review has received “about 50 responses from a wide variety of individuals and on behalf of two organisations”.
Approximately 80 percent of responses have been from journalists and lawyers. A “small number of responses”, around five, “relate largely or entirely to matters outside” his terms of reference.
Journalists welcome McCullough’s commitment
The National Union of Journalists (NUJ) is represented on the expert and stakeholders group set up to advise McCullough. The group is not involved in the day-to-day investigative process.
Séamus Dooley, NUJ assistant general secretary, welcomed McCullough’s confirmation that PSNI Chief Constable Jon Boutcher, “has been proactive in ensuring that we have an unrestricted access to PSNI personnel and materials”.
He said: “The McCullough Review is a work in progress. It is an independent process and is being given a fair wind. It is a significant initiative and the NUJ acknowledges the commitment of Mr McCullough and his team.”
In early March, Mr McCullough will indicate to the Chief Constable a timetable for reporting to him, on the basis of the stage that he has reached by then. In a statement accompanying the review, he had this to say:
“I will publish that further update on this website. I am conscious of the need to publish findings and associated recommendations as soon as possible, consistently with having conducted a thorough review enabling reliable findings to be reached.
“As highlighted above, whilst there are ongoing IPT proceedings considering complaints that would otherwise be relevant to my review, I currently consider that these should not prevent me from producing at least an interim report that makes findings and recommendations on central issues of concern – even before all of those IPT proceedings have necessarily been concluded.”
Journalists Birney and McCaffrey can be heard on a Media Confidential podcast with Alan Rushbridger and Lionel Barber.
The journalists will also be giving evidence to the Northern Ireland Select Committee on Press Freedom held at 9.30am on Wednesday 5 February. The recording will be available on BBC Parliament shortly after the session concludes.
