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September 22, 2025 – Ireland –
Northern Ireland’s Police Service (PSNI) has issued a formal apology following revelations that it failed to disclose key information about surveillance operations targeting journalist Barry McCaffrey to the Investigatory Powers Tribunal (IPT). The oversight came to light via a review led by Angus McCullough KC, which found that PSNI neglected to reveal an authorisation for incoming call data, in addition to outgoing call and subscriber data already under discussion.
McCullough’s inquiry also uncovered that PSNI retained data seized in 2018 from devices belonging to McCaffrey and colleague Trevor Birney — data which a judicial ruling had required to be permanently deleted. PSNI Chief Constable Jon Boutcher has now directed that all such data be “immediately and permanently deleted.”
In a separate but related matter, PSNI’s Chief Constable expressed regret for failing to delete additional sensitive material which had been unlawfully seized, despite a binding court settlement. The disclosure indicated that PSNI’s data storage included backups and system copies that were not properly purged, even years after the agreement.
Additionally, the PSNI apologised to the IPT for the non-disclosure of the incoming call data authorisation during legal proceedings concerning McCaffrey. The Crown Solicitor’s Office stated that the omission was inadvertent, not a deliberate effort to conceal evidence.
These findings accompany broader concerns about the PSNI’s lack of full transparency. For example, oversight watchdog IPCO was not informed of certain covert surveillance operations in 2018 and 2023 involving journalists. These operations were not disclosed during inspections, even when IPCO specifically requested information about operations involving journalistic or legally privileged material.
The independent review by McCullough, commissioned by Jon Boutcher, is set to be published imminently. It investigates not only journalists like McCaffrey and Birney, but also members of the legal profession, NGOs, and other civil society actors who may have been subject to similar surveillance.
In its apology, PSNI acknowledged “organisational failures” in data retention and disclosure, and committed to rectifying the lapses by improved processes and oversight. Critics, including the journalists involved, have expressed serious concern, calling for clarity on whether these failures amount to contempt of court or systemic disregard for legal obligations.
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