Summary

  • Concerns are raised over how the Police Service of Northern Ireland (PSNI) used journalists' phone numbers to check for any leaks of information by its officers or staff

  • A 200-page report reveals there were 21 unlawful uses of covert powers to attempt to uncover reporters' sources – double the figure previously disclosed

  • The report covered PSNI surveillance practices between 2011 and 2024

  • But its author, lawyer Angus McCullough KC, said he found that the PSNI's surveillance of journalists and lawyers is not "widespread or systemic"

Live Reporting

Edited by Fiona Murray

  1. Surveillance raised concerns 'fundamental to democracy' - report author

    A man with dark hair is speaking into a mic while wearing a white shirt, grey suit and pink tie.

    Mr McCullough KC is addressing the public and media in a press conference

    The author of the report Angus McCullough KC introduces his report by making reference to the arrests of journalists Trevor Birney and Barry McCaffrey in 2018.

    He says "their houses were searched, as were the offices of the production company with which they were involved".

    Mr McCullough says police also undertook a surveillance operation of the person they believed was the source of leaks to the journalists.

    "Two journalists who had been investigating mass murder and allegations of state collusion had been arrested and subject to covert measures and surveillance of a suspected source", the barrister said.

    He explains this raised concerns about the "chilling effect that this could have on investigative journalism in Northern Ireland".

    He added: "The right of freedom of expression - including the freedom for journalists and civil society to examine the actions of the state - is fundamental to democracy."

  2. What else did the report uncover?

    The report also uncovers two instances of directed surveillance against an unnamed lawyer, including in a court building, without proper authorisation.

    Mr McCullough did not examine any cases currently at the Investigatory Powers Tribunal, including MI5-conducted phone surveillance of journalist Vincent Kearney while he worked at the BBC.

  3. Donal MacIntyre 'subject of directed surveillance'

    Julian O'Neill
    BBC News NI Crime and Justice Correspondent

    Investigative journalist Donal MacIntyre is named in the report as having been the subject of directed surveillance following posts he made on social media.

    He is working on a documentary about the disappearance and death of Belfast schoolboy Noah Donohoe.

    There was an unease that the X posts “created a serious risk of prejudice” to upcoming inquest proceedings.

    Mr McCullough says he is concerned “about the process that led to" the surveillance being authorised, but adds he found “no indication” that Mr MacIntyre’s private communications with Noah’s mother had been accessed

    Man with a light beard stares into the cameraGetty Images

  4. Journalists' numbers 'washed through' police systems

    Julian O'Neill
    BBC News Crime and Justice Correspondent

    Close up of a man's hands using a mobile phone while sitting in front of a laptapGetty Images

    The report says 383 journalists’ numbers were checked to identify potential leaks

    The report also raises issues around the use of journalists’ phone numbers, which had been provided to the PSNI’s press office.

    Between 2011 and 2023, the numbers were “washed through” police systems to detect any unauthorised contact between PSNI officers or staff and journalists.

    This has been referred to as pro-active “defensive operations” against leaks.

    At one point, in 2011, it involved checking 65,000 calls against 383 journalists’ numbers.

    The report states: “No legal advice appears to have been sought in relation to the legality or propriety of the practice.

    “There seems to have been a lack of awareness until very recently that it might give rise to issues in relation to data protection and the rights of those whose data was being used unknowingly.”

    It goes on: “This practice does not appear to have been necessary or proportionate.

    “The scale and duration of defensive operations is a significant concern.”

  5. Twenty-one unlawful uses of covert power - report
    Breaking

    Julian O'Neill
    BBC News Crime and Justice Correspondent

    The report has been made public - and it raises concerns at how the Police Service of Northern Ireland used journalists’ phone numbers to check for any leaks of information by its own officers or staff.

    It also reveals there were 21 unlawful uses of covert powers to attempt to uncover reporters’ sources – double the figure previously disclosed by the PSNI.

    The 200-page report covers PSNI surveillance practices between 2011 and 2024.

    Overall, its author, lawyer Angus McCullough KC, said he found “no basis for concerns that PSNI surveillance of journalists or lawyers is widespread or systemic”.

    Read more here.

  6. Report due shortly

    The report into the PSNI's phone monitoring practice is due to be published at 11:30 BST on Wednesday.

    It has been compiled by the London-based barrister Angus McCullough KC.

    He was tasked with examining PSNI practices between 2011 and 2024 and was given full access to police records.

    Mr McCullough's report is likely to be critical of how the PSNI used reporters' telephone numbers to check for leaks of information.

    The PSNI has already admitted making more than 300 applications to access the communications data of journalists over a 13-year period.

    It said on 10 occasions this was an attempt to trace their sources, but it is understood Wednesday's report will put that figure higher than was originally disclosed.

  7. What do we know so far?

    Barry McCaffrey and Trevor Birney outside the Royal Courts of Justice, London, in October. They are holding black signs with yellow and white writing that say 'Journalism is not a crime'. There are black iron gates behind them.PA Media

    The case against journalists Barry McCaffrey (left) and Trevor Birney (right) helped shed light on the PSNI's practice of accessing phone records

    Today's report may reveal the extent to which the PSNI has been accessing phone data of journalists.

    The practice came to light as the result of a controversy involving two journalists who investigated allegations of police collusion in a mass shooting during the Troubles.

    Trevor Birney and Barry McCaffrey had produced a documentary about the loyalist murders of six Catholic men as they watched a football match in a pub in Loughinisland in County Down in 1994.

    Their film, No Stone Unturned, made use of confidential documents from the Police Ombudsman for Northern Ireland (PONI) - a watchdog which investigates police conduct.

    The PSNI treated the leak of PONI documents as the theft of sensitive material and wanted to find out how Mr Birney and Mr McCaffrey obtained the restricted data.

    A year after the No Stone Unturned film premiered, Mr Birney and Mr McCaffrey were arrested as part of an investigation into the suspected theft of the PONI documents.

    The two journalists said their arrests were "an attack on the press" and challenged the way they were treated in court, winning substantial damages amounting to £875,000.

    Mr McCaffrey was later "shocked to discover" the PSNI had accessed his phone records as far back as 2013 in an attempt to discover his sources on another police corruption story.

  8. Good morning

    A report to be published shortly will reveal details about the use of surveillance against journalists by the Police Service of Northern Ireland (PSNI).

    It is likely to be critical of how the police used reporters' telephone numbers to check for leaks of information by confidential sources.

    We'll have live coverage of the press conference by the author of the report and the subsequent reaction.

    Please stay with us for the next couple of hours.