The Police Ombudsman has met with a barrister appointed to carry out a review of PSNI snooping after it emerged a senior watchdog official was placed under surveillance.
Details of the spy operation directed at the Police Ombudsman’s office emerged during a series of hearings last year at the Investigatory Powers Tribunal.
The London-based body examines complaints from people who believe they have been the victim of unlawful covert interference by state agencies.
The IPT had examined allegations that the journalists were subjected to unlawful surveillance over their 2017 film about the 1994 Loughinisland atrocity.
Six Catholic men were shot dead in the UVF attack, which was later found to involve collusion.
In 2018 both journalists were arrested as part of a probe, led by Durham Constabulary, into a leaked document used in the film.
On their release surveillance was placed on the pair and a former Police Ombudsman official suspected of providing the document.
A former senior figure, he no longer works with the ombudsman.
Mr McCaffrey has previously said police were “physically following” the official.
The PSNI later apologised and agreed to pay £875,000 in damages to the journalists and the film company.
As a result of the IPT process, police have also been ordered to pay both journalists £4,000.
In June last year the PSNI admitted making 823 applications for communications data for journalists and lawyers over a 13-year period from 2011-2024.
Weeks later it emerged that more than 4,000 phone communications between 12 journalists were monitored over a three-month period.
In response to the spy scandal, PSNI chief constable Jon Boutcher established the McCullough Review last year, which is headed by London based KC Angus McCullough.
A spokesman for the Police Ombudsman has confirmed that it has now met with Mr McCullough.
“Senior staff met with Mr Angus McCullough KC, who is leading the Review, in November,” he said.
“They discussed the need to ensure that the PSNI’s surveillance powers are used appropriately, and at Mr McCullough’s request, Police Ombudsman staff have since been advised about how to make a submission to the Review should they have any concerns about police surveillance.”
The spokesman added that as “this issue has been dealt with by the IPT, the office has not raised the matter again as part of the McCullough Review”.
“However, as stated, the office is supportive of the review’s aim of ensuring that police surveillance powers are used appropriately,” he added.
The Police Ombudsman was asked if it has made any referrals to the IPT but did not answer directly.
“We cannot answer this, as to do so would be to compromise the personal data of the former staff member,” the spokesman said.
The spokesman said the ombudsman’s office is “not aware of any other instances” of other current or former staff members who were placed under PSNI surveillance.
A separate action involving RTÉ‘s Vincent Kearney, who previously worked with the BBC in Belfast, is currently with the IPT.
Mr McCaffrey and Mr Birney are due to appear before the Northern Ireland Affairs Committee Inquiry into Press Freedoms and Safety in Northern Ireland, which will examine PSNI snooping, at Westminster on Tuesday
