PSNI surveillance: NUJ to intervene in case

Brenda Campbell KC, representing the NUJ, said the case “impacts on the safety of journalistic sources” in areas including media reporting of paramilitary activity.

She said the case has raised “well-founded concern” about the “nature and extent” of surveillance of reporters.

Ms Campbell said the NUJ’s role would be “that of an independent organisation” which could offer its expertise on protecting journalistic sources.

Lord Justice Singh, sitting on the tribunal panel alongside Lady Carmichael and senior barrister Stephen Shaw KC, said the “appropriate and proportionate course” was to allow NUJ involvement “but only in writing”.

The tribunal at the Royal Courts of Justice also heard an application to compel a former police detective for Durham Constabulary to give evidence in the case, which is due to enter full hearings in October.

The officer had been involved in a controversial police investigation in 2018 into information obtained by Mr McCaffrey and Mr Birney for a documentary film.

Their arrest over the material, which a court later found was “inappropriate”, prompted the complaint to the Investigatory Powers Tribunal (IPT).

Mr McCaffrey’s lawyer said the former officer had submitted an “extraordinary rant” to the tribunal and it was clear he would “not attend voluntarily”.

“We do say this is an appropriate case for cross-examination,” he added.

Jonathan Glasson KC, counsel for the tribunal, said the former police officer is “not legally represented” but had “made clear he is not willing to assist”.

After deliberations, the judge said the tribunal panel had concluded the former officer should be cross-examined in light of the “circumstances of this unusual case”.

But he said they believed such a summons should be issued via an application to the high court.

Mr Glasson outlined how the former officer would be notified of the ruling “as soon as possible”.