5. Mr McGrath asked the Minister of Justice to provide an update on whether an independent inquiry is required into allegations of the surveillance of journalists by the PSNI. (AQO 589/22-27)

As I publicly stated to the House on 4 June, I am not ruling out future action and stand ready and willing to support the board in such actions as may be considered necessary. However, at this stage, I remain satisfied that no action on my part is yet required, as the processes of accountability by the Chief Constable, the Policing Board, the Investigatory Powers Tribunal and the McCullough review should be allowed to conclude without interference.

In the interests of clarity, will the Minister confirm that there is no rule or law preventing the calling of an independent inquiry now, and that that is a decision that the Minister is taking?

It is a decision taken in line with the guidance in the legislation. It clearly says that a Minister, in making a decision to call a public inquiry, must have due regard to what other investigatory mechanisms are available to deal with an issue before proceeding. It is also the case that it would be improper, though not impossible, to cut across a tribunal system that is judge-led. I have also set out the other restrictions that may come into play at such times as I would be directly asked to institute an inquiry, in that the issues may well interface with the security services, in which case my powers as a devolved Minister and, indeed, any devolved Minister's powers are significantly constrained by the Inquiries Act 2005.

Does the Minister agree that all mechanisms available to the Policing Board should be exhausted in such circumstances before any inquiry should be considered? Those matters around policing arrangements are precious and important to the accountability of the Chief Constable to the Policing Board.

It is a very important point. The Chief Constable is ultimately operationally responsible to the Policing Board. The Patten arrangements were put in place after considerable thought and sensitivity, and, as Justice Minister, I would be loath to take a wrecking ball to the delicate balances therein. That course of action and how the Policing Board decides to proceed with its investigations is a matter for the board. I respect its operational independence in its role of holding the Chief Constable to account. However, I understand that the board has agreed to exercise its power under section 59 of the Police (Northern Ireland) Act 2000 to require the Chief Constable to submit a further report on the matter and that, provided that the terms of reference for the McCullough review meet the board's section 59 requirements, this will act as its section 59 report.