PSNI halts Controversial Data Access Practice, Acknowledges Errors in Journalist & Lawyer Surveillance
Belfast, Northern Ireland – The Police Service of Northern Ireland (PSNI) has formally ceased a practice of accessing communications data related too journalists and lawyers, a move announced following scrutiny from the Policing Board and the publication of a critical report by James McCullough. The practice, dubbed “washing through,” involved querying databases for information on individuals, even without specific grounds for suspicion, and has sparked significant concern regarding press freedom and legal privilege.
The revelation comes amidst growing pressure for accountability following disclosures of unlawful surveillance conducted by both the PSNI and MI5, including the recent case of BBC journalist Vincent Kearney whose phone data was illegally monitored.
practice discontinued, Investigations Limited
Chief Constable Jon boutcher informed the Policing board that the practice of routinely accessing communications data for journalists and solicitors will discontinue in May 2024. He emphasized that while police retain the authority to investigate potential breaches of the PSNI’s code of ethics regarding information leaks to the press,such investigations must be predicated on “specific and precise concerns.”
“In all my experience dealing with complex organised crime, I’ve never needed communications data for a solicitor or journalist,” Boutcher stated. “The ‘washing through’ has stopped. I don’t understand why it was happening in the first place.”
He further confirmed that the lists of journalists used in the operation are now inaccessible and will be destroyed once they are no longer required for ongoing cases before the Investigatory powers Tribunal (IPT). This tribunal is currently investigating ten complaints brought by journalists, lawyers, and non-governmental organizations (NGOs) alleging unlawful surveillance.
McCullough Report: Mistakes, Not Malice
The McCullough report, central to the PSNI’s response, found no evidence of malicious intent or purposeful attempts to misuse the system. Though, it identified significant failings in process, a lack of adequate legal advice, and insufficient consideration of the special status afforded to journalists and legal professionals.
“There were mistakes, there are process issues. There was a lack of legal advice. Special status issues weren’t properly thought through,” Boutcher summarized.
These findings have done little to quell concerns from human rights groups. Amnesty International and the Committee on Management of Justice have called for a fully independent inquiry into the broader issue of surveillance of journalists, extending beyond the PSNI to include the activities of MI5.
Complex Relationship with MI5 & Accountability Frameworks
Boutcher acknowledged he could not speak for the intelligence services but highlighted existing accountability mechanisms,such as the IPT. He also detailed the complex working relationship between the PSNI and MI5, governed by an Annex within the St Andrews Agreement – the 2006 peace deal that restored power-sharing in Northern Ireland.
The agreement facilitates close collaboration,with PSNI officers co-located with MI5 personnel to ensure intelligence sharing and effective direction. Notably, the PSNI manages the “great majority” of national security agents in Northern Ireland, operating under the direction of MI5.
Impacted Individuals & Ongoing Legal Action
The fallout from the McCullough report has prompted apologies from Boutcher to seven individuals whose phone data was unlawfully accessed. Tragically, one impacted journalist is no longer alive.
Several individuals have already initiated legal action. UTV journalist Sharon O’Neill is pursuing a case after police attempted to identify a confidential source in 2011. Hugh Jordan, a journalist with the Sunday World, has also been informed his data was compromised. Human rights lawyers Peter Corrigan and Darragh Mackin of Phoenix Law have also received apologies after being subjected to unlawful surveillance.
Notable cases currently before the IPT include those brought by the BBC, former BBC journalist Vincent Kearney, and Chris Moore, a former BBC Spotlight reporter who investigated MI5’s involvement in the Kincora boys home scandal.
Future Oversight & Second Report
James McCullough is scheduled to deliver a second report next year, assessing the PSNI’s progress in implementing the 16 recommendations stemming from his initial findings. This report will also review the ongoing complaints against the PSNI currently under consideration by the Investigatory Powers Tribunal.
This situation underscores the critical importance of balancing national security with the fundamental rights of a free press and the protection of legal privilege. The PSNI’s commitment to ending the “washing through” practice and addressing the identified failings represents a crucial step towards rebuilding trust and ensuring accountability.
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* E-E-A-T: The article is written with a tone of authority and expertise, referencing key reports (McCullough Report, St Andrews Agreement