Delegates at ICTU biennial conference hear of unlawful surveillance of journalists
Séamus Dooley, NUJ assistant general secretary, proposed motion three on the surveillance of journalists.
On the first day of the Irish Congress of Trade Union’s biennial delegate conference in Belfast, the NUJ proposed a motion highlighting covert surveillance of journalists and called for a judge-led full public inquiry into the actions of the Police Service of Northern Ireland and Durham Constabulary, arising from evidence given and material presented at the Investigatory Powers Tribunal hearing in October 2024.
Séamus Dooley, NUJ assistant general secretary, proposing the motion said in his speech:
“The scandalous treatment of Barry McCaffrey and Trevor Birney, the outrageous breach of process and fair procedure, the deliberate targeting of investigative journalists and the flagrant use and abuse of powers of investigatory powers by the PSNI is a matter of grave concern to all who care about human rights.”
Addressing conference, he stressed there had been a “shocking disregard for human rights” and noted the “contempt shown for the rule of law by those charged with upholding the law has been recognised by the High Court and by the Investigatory Powers Tribunal.”
The NUJ supported journalists McCaffrey and Birney from the beginning and was proud to do so. Dooley thanked the wider trade union movement for their support. Whilst neither journalist had ever sought to make headlines, Dooley recognised they had pay a heavy price for doing their job.
He added:
“But they are not alone. Another NUJ member, Vincent Kearney, will feature in a further IPT hearing later this year.”
A review by Angus McCullough KC is underway and the NUJ notes it may lead to culture change, but is limited in scope.
“It cannot of itself restore trust and confidence in the PSNI. Neither the PSNI, the Policing Board or the Ombudsman can restore trust and confidence against the backdrop of the shocking IPT revelations.
“That is why we seek a wider public inquiry into the actions of the PSNI and the Durham Constabulary arising from all the evidence given and material presented at the IPT last October.”
On journalists’ safety, Dooley informed conference of a recent Amnesty report revealing over 70 incidents of threats or attacks on journalists in Northern Ireland since the start of 2019. He highlighted that most attacks go unpunished and that “for journalists Northern Ireland is a place where you can get away with murder.”
The union has recognised the promise of transparency by the PSNI but continues to call for a wider judge-led full public inquiry to be brought forward.
The motion was seconded by Carmel Gates, NIPSA and also supported by SIPTU, Forsá and NASUWT, the teacher's union.
Séamus Dooley extended a warm welcome to Barry McCaffrey of Belfast and District branch, who was present as a guest for the debate on the NUJ motion.
Full text of motion
Conference welcomes the judgment of the UK Investigatory Powers Tribunal (IPT) published on 17 December 2024, in favour of Northern Ireland journalists Barry McCaffrey and Trevor Birney.
Barry McCaffrey and Trevor Birney were the subject of unlawful police surveillance as a result of their investigative journalism into alleged collusion between the security forces and the perpetrators of the 1994 Loughlinsland murders.
The High Court in Belfast quashed arrest warrants against both journalists in 2019.
In a precedential judgment, the IPT quashed the Police Service of Northern Ireland’s (PSNI) direct surveillance authorisation targeting the journalists and their suspected source and ordered the payment of compensation to the journalists for unlawful intrusion.
The Tribunal ruled that the PSNI had unlawfully approved an undercover surveillance operation against a civilian employee at the Police Ombudsman’s Office, in violation of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998.
During the course of the IPT hearing it emerged that covert surveillance of journalists and lawyers had taken place over a decade, the full extent of which may never be revealed.
Conference welcomes the establishment of the review headed by Angus McCullough KC into the surveillance against journalists, lawyers, NGOs and statutory regulators, Police Ombudsman for Northern Ireland, and the Northern Ireland Police Board. The work of the McCullough Review is ongoing and, by definition, is limited in scope and duration (2011 - 2024).
Confidence in policing has been damaged by the revelation that individuals and groups have been unlawfully targeted by the PSNI in operations sanctioned at the highest levels. Respect for the rule of law is a fundamental principle of democracy.
Conference calls on Congress to support the campaign of the NUJ and civic society organisations, for a wider judge-led full public inquiry into the actions of the Police Service of Northern Ireland and Durham Constabulary arising from the evidence given and material presented at the IPT hearing in October 2024.