NUJ welcomes victory for Vincent Kearney in state surveillance tribunal
The NUJ has welcomed a decision by the Investigatory Powers Tribunal (IPT) to order MI5 and Police Service of Northern Ireland (PSNI) to pay £20,000 in damages to journalist and union member Vincent Kearney over sustained unlawful surveillance.
The judgement today (23 July) has been hailed by the NUJ as a damning indictment of the police and security services and “a clear and unambiguous vindication” of Vincent Kearney, the BBC, and investigative journalism. The IPT has ordered MI5 and PSNI to pay £10,000 each in damages.
A three-day hearing at the Royal Courts of Justice in February laid bare the impact of unlawful surveillance lasting more than a decade on Kearney’s personal and professional life.
The tribunal heard how Kearney was "treated as a suspect" for his reporting while working for BBC Northern Ireland, with police and security forces breaching his right to protect his sources and subjecting him to considerable risk as a journalist working in a post-conflict society.
Kearney’s family was also subject to intrusion. PSNI admitted to creating a profile that included details of his wife and mother-in-law, obtained from phone data
Last year, MI5 similarly conceded that it had breached his rights to privacy and source protection by accessing his communications data in 2006 and 2009. Kearney’s case arose from a separate IPT hearing into the unlawful surveillance of NUJ members Trevor Birney and Barry McCaffrey by PSNI and the Metropolitan Police.
Kearney, who is now is Northern Ireland editor for RTÉ News, previously described the actions of PSNI, MI5 and other public authorities as an "attack on public interest journalism". The journalist explained that the extent of unlawful surveillance had “a chilling effect” and that former colleagues at the BBC suffered damage to source relationships.
Speaking outside the Royal Courts of Justice on the first day of the hearing in February, Laura Davison, NUJ general secretary, said that Kearney’s case underlined the need for “a full public inquiry into surveillance of journalists in Northern Ireland.”
Laura Davison, Vincent Kearney and Séamus Dooley outside the Royal Courts of Justice on the first day of the hearing.
© Jess Hurd
Séamus Dooley, NUJ assistant general secretary, said:
“This is a landmark judgement by the IPT, and is a clear and unambiguous vindication of our member Vincent Kearney and the BBC.
“It follows on the successful case taken by our members Barry McCaffrey and Trevor Birney, and represents a victory for journalists and investigative journalism. The outrageous treatment of Vincent and his family would not have been revealed without the action taken by Barry and Trevor.
“The revelations at the IPT hearings have given a deeply worrying insight into the actions of the police and security forces against journalists. The criminalisation of journalists is an affront to democracy and a fundamental breach of trust.
“It is important to acknowledge the courage and resilience of Vincent Kearney, a journalist of the highest integrity, and his family, who should never have been caught in the illegal network of surveillance. This has been a costly, protracted, and emotionally draining process. The BBC and their legal team have been extremely supportive while credit is also due to NUJ members who have supported Vincent.
“Today’s judgment is not only a welcome vindication of Vincent, it also reinforces the need for a judge-led inquiry into the unlawful surveillance of journalists, lawyers and human rights defenders by police and security forces.
“We have witnessed the impact of illegal surveillance on our members and it is time to call a halt. There is an opportunity for the new Northern Ireland Secretary and the Chief Constable to act to restore public trust. However, it is vital MI5 is subject to scrutiny in any review. For far too long, national security has been used as a shield by police and intelligence services - but the IPT findings have revealed an abuse of that cover that can no longer be tolerated.”
Fran McNulty, NUJ joint president, said:
“This is a hugely significant ruling. We know that MI5 accessed information and data deliberately to identify journalistic sources, a most egregious overreach. I commend Vincent and the BBC for taking the action, and for holding those in power to account. It has been a difficult and stressful time for Vincent and his family, and the NUJ has been privileged to support Vincent during the process."
Speaking to RTÉ, Vincent Kearney said:
"This is a tremendous victory for journalism and an affirmation of the duty and legal rights of journalists to protect sources.
"The judges make clear that the impact of the illegal activities on me, and on the trust that potential sources can place in the confidentiality of their communications with me, was an important factor in their decision to award damages.
"The award of damages against MI5 is particularly significant as it is the first time the IPT has taken such action, and the first time the security service has been ordered to pay damages to a journalist.
"It is important that agencies charged with upholding the law know that they are not above the law and will be held to account."