The National Union of Journalists (NUJ) has welcomed the decision by the Investigatory Powers Tribunal (IPT) to order MI5 and the Police Service of Northern Ireland (PSNI) to pay £20,000 in damages to former BBC journalist Vincent Kearney (pictured centre) over unlawfully obtaining data information from his mobile phone and surveillance.
Kearney, a member of the NUJ, took legal action following the emergence of information in the case of Trevor Birney and Barry McCaffrey which was reported in Yorkshire Bylines https://yorkshirebylines.co.uk/news/tribunal-hears-of-campaign-of-illegal-interference-against-bbc-journalist/ and on this web site. In February a three day hearing in the Royal Courts of Justice revealed details of unlawful surveillance which lasted over a decade into Kearney’s professional and personal life. His family was the subject to intrusion as the PSNI admitted created a profile of his wife and mother-in -law obtained from Kearney’s phone data.
Lawyers for the BBC and the then BBC Northern Ireland home affairs correspondent, had been subject to seven separate MI5 or police operations, including by the Metropolitan Police, that unlawfully obtained Kearney’s confidential communications data between 2006 and 2018. This unlawful monitoring enabled the security authorities to details of his confidential contacts, sources and locations, thus breaching his right to protect his sources and putting both him and them at risk.
Kearney, who is now Northern Ireland editor for RTE News previously described the actions of MI5 and the PSNI as an attack on public service journalism https://www.nuj.org.uk/resource/state-surveillance-an-attack-on-public-interest-journalism-says-nuj-member-vincent-kearney-ahead-of-tribunal-hearing.html which had “chilling effect” and that former BBC colleagues suffered damage to relationship with sources. He said that the tribunal ruling on 23 July was a victory for journalism and the legal rights of journalists to protect sources.
The BBC, which brought the case alongside Kearney, said: “Today’s findings are welcome, necessary and significant.”We hope that their effect will be to protect journalists and their freedom to report and investigate stories into the future.” https://www.bbc.co.uk/news/articles/c0jln54z58vo.
PSNI Chief Constable Jon Boutcher accepted the tribunal’s findings and apologised to Kearney. He said the authorisations were “not in accordance with the law” and were disproportionate.
Assistant General Secretary of he NUJ Seamus Doley welcomed the outcome as a “landmark judgement’’ and a “clear and unambiguous vindication of our member Vincent Kearney and the BBC.”
He said the case had given a “deeply worrying insight into the actions of the police and security sources against journalists” and the judgement “reinforces the need for a judge-led inquiry into the unlawful surveillance of journalists, lawyers and human rights defenders by police and security forces.”
He said it was “vital” that MI5 be scrutinised in any such review. “For too long national security has been a shield by police and intelligence services – but the IPT finds have revealed an abuse of that cover that can no longer be tolerated.” https://www.irishtimes.com/crime-law/courts/2026/07/23/mi5-and-psni-to-pay-damages-to-ex-bbc-editor-vincent-kearney-after-accessing-phone-records/