Question
In light of the Angus McCullough review and the issue of a call for evidence that ‘urged any individual or group that has information relevant to my inquiry to be in touch with me’ the issue of surveillance by PSNI has been raised in the media since the summer of last year.
The media has also reported several stories that have referenced individuals making complaints of applications to the Investigatory Powers Tribunal (IPT). Can the PSNI set out a month by month basis over the last five years the number of requests from the IPT in fresh cases?
In addition, how many cases are pending and unresolved by the IPT?
Answer
When a person makes a complaint to the Tribunal, from this point the Tribunal opens a new case and proceedings are ‘live’ before the Tribunal. The case will initially be considered by a two person Panel, one of whom will be a judicial member on the complaint form alone. If the Panel are unable to decide the case at this point they will seek information from the PSNI, and other agencies, using a Direction to Disclose. Therefore only the Investigatory Powers Tribunal hold full data on the number of cases involving the PSNI.
However on request the Tribunal has released the below summary for the last three years. Please note that they are unable to provide data for previous years.
| 2022 | 2023 | 2024 | |
|---|---|---|---|
| Cases where PSNI named as Respondent | 9 | 16 | 33 |
| Cases where PSNI received Direction to Disclose | 3 | 6 | 19 |
| Cases where PSNI received notification of determination | 1 | 2 | 1 |
Cases where PSNI named as a Respondent relates to the number of cases where a member of the public, or organisation made a complaint to the IPT about the Police Service of Northern Ireland. Included in those are complaints where other Respondents are named. PSNI is not made aware of all cases.
Cases where PSNI received Direction to Disclose relates to the number of cases where PSNI is named as a Respondent in a complaint and the Tribunal has issued a Direction to the PSNI to disclose material relevant to the case to the Tribunal. This is the first stage at which PSNI will become aware of a case before the Tribunal and is subject to restrictions contained within the Tribunal Rules.
Cases where PSNI received notification of determination relates to the number of cases where PSNI is named as a Respondent and has received a direction to disclose and the Tribunal has issued a Determination. The determination is the end of the case. There can be multiple Respondents in a case, some of whom may not have received directions to disclose who would therefore never receive a determination for cases they are named in.
Les Allamby