Former BBC journalist Vincent Kearney, now the northern editor at RTÉ, has been awarded £20,000 in damages by the Investigatory Powers Tribunal (IPT) after MI5 unlawfully obtained his communications data. The Security Service admitted breaching his rights, and the Police Service of Northern Ireland (PSNI) and Metropolitan Police also made concessions during the proceedings.
Damages awarded against MI5 and PSNI
In a judgment on Thursday, three judges at the IPT awarded Mr Kearney £10,000 in damages from the PSNI and the same amount against MI5, finding there was “no reason to distinguish between the conduct” of the two organisations. Lady Carmichael, Mr Justice Chamberlain and Stephen Shaw KC said that “the interferences in this case were numerous, and took place over a period of years”.
The judges added: “The heightened protection provided to journalists is not for the benefit of the journalist personally, but for the public interest in the ability of his readers or audience to receive information from him.”
Background of the case
Mr Kearney brought legal action after reports that documents in the case of documentary makers Barry McCaffrey and Trevor Birney suggested that public bodies, including police forces, had spied on him. At a hearing in February, Jude Bunting KC, for Mr Kearney and the BBC, said there were seven separate police or MI5 operations where the intelligence services or forces unlawfully obtained the journalist’s or broadcaster’s confidential communications data between 2006 and 2018.
The tribunal in London was told that the PSNI had made a “detailed profile” of the journalist, including his date of birth, addresses, car details, phone numbers and the names of his wife and mother-in-law, as well as an “extensive review” of his published work. Mr Bunting said Mr Kearney should receive “substantial” damages.
PSNI concessions
Cathryn McGahey KC, for the PSNI, said the force had made “a number of clear and extensive concessions”. The barrister said in written submissions that “the interferences in question were directed at the acquisition of communications data associated with an individual journalist, rather than at the BBC’s editorial autonomy, premises, systems, or journalistic archives”. Ms McGahey continued that while the force did not object to the tribunal ruling that the PSNI breached Mr Kearney and the BBC’s rights, it opposed the journalist being awarded damages as it would be unnecessary “to award just satisfaction”.
