UK Government response urged to UN concern over surveillance of solicitors

The UK Government has been urged to respond to UN concern over the surveillance of solicitors in Northern Ireland.

The McCullough Review last year identified 21 instances of unlawful access to journalists’ communications data, and a case of directed surveillance against a lawyer, including in a court building, without proper authorisation.

Solicitors Darragh Mackin and Peter Corrigan of Phoenix Law said the case that the report references was their representation of Brendan McConville and John Paul Wootton, who were convicted of the murder of Constable Stephen Carroll on March 9 2009 during an appeal.

At the time of the publication of the report last September, Police Service of Northern Ireland (PSNI) chief constable Jon Boutcher apologised to the two solicitors.

UN mandate holders – Margaret Satterthwaite and Ana Brian Nougreres – have written to the UK Government expressing concern that what happened may amount to a breach of international law protecting lawyers.

The UN has requested response from the UK Government around disclosing the legal and factual basis for the surveillance of the solicitors, confirmation on what data was obtained, how it was used, and whether surveillance is ongoing.

It has also inquired about steps taken to to implement recommendations from the McCullough Review, measures to prevent unlawful surveillance of lawyers in future and safeguards to ensure lawyers are free from harassment and interference.

Mr Mackin and Mr Corrigan welcomed the move as a “welcome step in supporting us as lawyers following the unlawful spying by the PSNI”.

Mr Mackin described the intervention as an “unprecedented step in some regards”.

He said he understands the correspondence, sent in January, has so far not been responded to, adding that legal action against the PSNI is under consideration.

“It’s difficult to have confidence in a Government that fails to respond to a concern raised at the international level,” he said.

“We must have this in context – it’s become the norm for the UN special rapporteurs to have to intervene in states like Russia and Belarus; it is not the norm for UN special rapporteurs to have to intervene in jurisdictions such as this.

“It is deeply depressing, that fact in the first place. It is even more depressing when the State itself doesn’t seem to engage or respond to assuage those concerns.”

Mr Corrigan added: “The UN special rapporteurs on fair trial and privacy expressed serious concerns about the unlawful surveillance on solicitors in the north of Ireland. In particular they talked about their concerns about reprisals in relation to defence solicitors and the nature of the work that they do, and that’s a serious position that the UK Government must deal with.

“For too long the state has wrongly targeted lawyers in this jurisdiction for simply doing their job.

“Today marks another step in the fight back against abuse of power and misuse of surveillance.”

The UK Government has been contacted for a response.