AN INDEPENDENT review has revealed 21 cases of covert surveillance by the Police Service of Northern Ireland (PSNI) targeting journalists and lawyers.
The 200-page McCullough Review, led by Angus McCullough KC, investigated PSNI surveillance activities between 2011 and 2024.
The review was commissioned by Chief Constable Jon Boutcher in 2023 and followed legal challenges brought by investigative journalists Barry McCaffrey and Trevor Birney, who alleged their communications had been covertly monitored by police.
While McCullough found no evidence that surveillance was "widespread or systemic", he was critical of several "particular instances" and "concerning practices".
He revealed that PSNI used journalists’ phone numbers to cross-reference internal systems in efforts to detect leaks from within the force.
This sweeping data trawl, involving tens of thousands of calls, occurred without legal advice and was deemed neither "necessary nor proportionate".
The review identified 21 cases, all before 2015, in which PSNI actions were deemed unlawful attempts to uncover journalistic sources.
This figure is more than double the number previously admitted by police.
Among those affected were prominent reporters McCaffrey and Birney, who had faced arrest in 2018 after producing No Stone Unturned, a documentary examining state collusion in a 1994 mass shooting.
The arrests led to widespread outrage and were later ruled unlawful.
The journalists received £875,000 in damages and have since called for a full public inquiry.
Speaking after the report’s release, Mr McCaffrey said the findings must be a "wake-up call" for both the public and politicians, warning that covert surveillance could have a chilling effect on investigative journalism in Northern Ireland.
In addition to journalists, the review found that two solicitors, Peter Corrigan and Darragh Mackin, had also been subjected to unlawful surveillance.
In one case, covert surveillance was authorised inside a court building, violating the fundamental principle of legal professional privilege.
Both lawyers issued a joint statement condemning what they described as a “flagrant breach of law” and accused PSNI of treating privacy and legal rights as expendable.
Chief Constable Boutcher has since issued a formal apology to the lawyers and pledged to implement reform.
He acknowledged the force must "improve its processes" and accepted all 16 recommendations made in the review, including mandatory training for officers handling sensitive data and a requirement for legal advice before initiating surveillance on journalists or legal professionals.
The report also disclosed that investigative journalist Donal MacIntyre had been placed under surveillance following his social media posts related to the death of 14-year-old schoolboy Noah Donohoe.
While the review found no evidence that private messages between MacIntyre and Noah’s mother were accessed, McCullough criticised the PSNI’s rationale for authorising the surveillance.
In response to the findings, human rights organisations, including Amnesty International UK and the Committee on the Administration of Justice, have written to the Secretary of State for Northern Ireland, Hilary Benn, urging him to establish a full public inquiry into covert surveillance practices and to implement a long-standing recommendation for a dedicated Covert Commissioner for Northern Ireland.
Patrick Corrigan of Amnesty called the revelations “deeply alarming”, saying the PSNI had demonstrated a “clear disregard for press freedom and the rule of law”.
He added that only full transparency could restore public confidence.
Justice Minister Naomi Long welcomed the review’s commitment to transparency and indicated that the Northern Ireland Policing Board would carefully consider the findings.
A special board meeting is expected in the coming weeks.
McCullough concluded that while there are examples of “careful and lawful” surveillance by PSNI, the force must now take urgent steps to address the systemic flaws uncovered by the review.
See More: Barry McCaffrey And Trevor Birney, PSNI, Spying
