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September 08, 2025 – Ireland –
Revelations surfaced that the Police Service of Northern Ireland (PSNI) had failed to disclose two covert surveillance operations against journalists to the UK’s independent surveillance watchdog, the Investigatory Powers Commissioner’s Office (IPCO). This omission, despite a legal duty to notify the oversight body, raised serious concerns about accountability, transparency, and the protection of press freedom in Northern Ireland.
The first operation, launched in August 2018, sought to identify a confidential source used by journalists Trevor Birney and Barry McCaffrey. When IPCO inspectors carried out their annual inspection the following year, the PSNI did not mention the surveillance, concealing it until the matter became public through the Investigatory Powers Tribunal’s ruling in 2024. The second operation, in 2023, targeted the social media activity of investigative journalist Dónal MacIntyre. Even when IPCO explicitly asked about operations that might involve journalistic material, the PSNI failed to disclose this case.
Correspondence later confirmed by Brian Leveson, the Investigatory Powers Commissioner, indicated that the PSNI only informed IPCO of these operations after they were exposed publicly. Chief Constable Jon Boutcher admitted that no records explained why the 2019 disclosure was withheld and argued that the 2023 case was not considered journalist-related, though it clearly involved a working reporter.
The omissions provoked sharp criticism. Amnesty International described the failures as a shocking attempt to cover up unlawful surveillance of journalists, warning that such practices undermine both press freedom and public trust in oversight mechanisms. Patrick Corrigan, Amnesty’s Northern Ireland Director, stressed that targeting journalists threatens the ability of society to hold power to account. The Committee on the Administration of Justice called for renewed implementation of the Patten Commission’s recommendation for a dedicated commissioner for covert law enforcement in Northern Ireland, arguing that existing oversight is insufficient.
In response, the PSNI has pledged reforms, including stricter record-keeping of surveillance authorisations and training related to journalist protection. IPCO reaffirmed that it does not rely solely on police disclosure but uses proactive checks to uncover non-compliance. Still, the episode highlighted deep flaws in the oversight system and reinforced the urgent need for stronger safeguards to ensure that journalists are never again secretly spied upon without proper scrutiny.
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