A London based barrister heading up a review into PSNI spy operations targeting journalists and lawyers has revealed he may produce a ‘closed’ annex in his report.
The McCullough Review was established last year at the direction of Chief Constable Jon Boutcher after it emerged police were snooping on members of the media.
The review, headed by Angus McCullough KC, is focused on journalists, lawyers and Non-Governmental Organisations (NGOs).
It was initially suggested an interim report may be produced by Mr McCullough in March, however, the barrister has now said he hopes to present a “draft substantive report” to Mr Boutcher in early July.
It has also emerged his report may contain a “closed annex”.
“Once this draft report has been submitted to the Chief Constable there will then need to be a discussion to reach agreement as to the details that are required, for genuine good reason (such as statutory requirements or the public interest) to be produced in a closed annex rather than in the openly published report,” Mr McCullough has confirmed.
Mr McCullough added that he has “repeatedly indicated my determination that the report will contain as much detail as it is possible to include in a public document”.
“The Chief Constable has consistently indicated that he supports that approach,” he added.
PSNI spy victim Trevor Birney said he is concerned by the development.
Last year the Investigatory Powers Tribunal (IPT) found the PSNI and Metropolitan Police approved a surveillance operation against Mr Birney, his colleague Barry McCaffrey and a senior figure in the Police Ombudsman’s office.
The IPT examined allegations linked to a 2017 documentary film about the 1994 Loughinisland atrocity.
Six Catholic men were shot dead in the UVF attack, which was later found to involve collusion.
It emerged last week that phone cracking technology supplied by Israeli firm Cellebrite was used on a phone owned by Mr McCaffrey.
“Sunlight is the best disinfectant,” Mr Birney said.
He added that having lost at the IPT, there now appears to be a effort to hide material from the scrutiny of the Policing Board.
The PSNI has admitted making 823 applications for communications data for journalists and lawyers over a 13-year period from 2011-2024.
It later emerged that more than 4,000 phone communications between 12 journalists were monitored by police over a three-month period.
Alliance Policing Board member and MLA Peter McReynolds the reference to a “closed annex” is “concerning given previous assurances the process would be open and fully transparent”.
“While there may be legitimate reasons to withhold certain sensitive information – for legal, national security or operational purposes – the late mentioning of this measure risks undermining public confidence in a review that was established to restore trust,” he said.
The assembly member said “transparency must remain the cornerstone of any inquiry into matters as serious as the surveillance of journalists”.
“It is crucial that any material withheld from public view is subject to clear, independently verified criteria, and that oversight bodies are fully briefed,” he said.
“Otherwise, there is a concern the perception of secrecy, even if limited in scope, could erode trust in both the process and policing more widely.”
Mr McReynolds added: “To maintain the credibility of the review, further clarification is needed about what will be withheld, who will have access to it, and whether any redacted material may be made available in future,” he said.