A SENIOR Cleveland Police officer who authorised the use of unlawful phone snooping is understood to be retiring – in the same week a major investigation begins into the matter.

Detective Chief Superintendent Peter McPhillips was the authority who signed off the monitoring of the phones of two serving officers, two journalists from The Northern Echo and a solicitor, using special police powers usually reserved for investigating serious crime and terrorism.

As police watchdog the Independent Police Complaints Commission (IPCC) confirmed it has launched an investigation into the force’s phone snooping this week, The Northern Echo received a copy of internal force correspondence inviting officers to DCS McPhillips’ leaving party, which is believed to have been held in Linthorpe last night.

He was the senior investigating officer who signed off applications made under the Regulation of Investigatory Powers Act to try to hunt down a police whistleblower on racism by seizing the phone records.

A panel of High Court judges on the Investigatory Powers Tribunal found the applications unlawful in a judgement earlier this year.

The Northern Echo understands the IPCC investigation is in such an early stage that no misconduct notices have been issued to any officers.

That means there is nothing legally preventing DCS McPhillips from retiring – but unless there is any criminal investigation launched as a result of the IPCC inquiry, he will not face any consequences.

The Government introduced powers two years ago to try to prevent under-investigation officers from being able to retire to escape disciplinary proceedings, but because no notices have been issued this does not apply.

Cleveland Police last night declined to comment on his retirement, or offer any explanation.

But Mark Dias, one of the officers who had his phone monitored after blowing the whistle on institutional racism within the force, said: “Their Lordships at the Investigatory Powers Tribunal were critical about the conduct of serving police officers and senior managers at Cleveland Police.

"This included Detective Chief Superintendent Peter McPhillips after he authorised the acquisition of telephone data in May 2012. I understand DCS McPhillips has been allowed to retire from Cleveland Police before he has been held to account. This raises serious integrity questions relating to decision making in these circumstances.

“It is right and proper the IPCC manages the investigation by West Midlands Police into police corruption at Cleveland Police. “

Mr Dias was handed an estimated half a million-pound out of court settlement by Cleveland Police this week after he claimed he was forced out of his job after challenging ‘institutional racism and wrongdoing’.

A Cleveland Police spokeswoman said: “Cleveland Police received complaints earlier this year in relation to matters arising from the Investigatory Powers Tribunal.

“Cleveland Police took the decision to refer these to the IPCC, who determined that they should be dealt with locally with the investigation being conducted by another Force. The IPCC has reviewed its initial decision and has now determined that this should be a managed investigation conducted by an external Force. Cleveland Police will continue to assist the IPCC as appropriate.

“Our communities should be reassured that Cleveland Police fairly applies the regulations relating to officers who are subject of public complaints.”

Barry Coppinger, Police and Crime Commissioner for Cleveland, said: “I would expect the Chief Constable to follow the law in accepting or declining any officer’s application to retire. The government has adjusted the law over recent years and I understand that the rules have been carefully considered by the Force in this case.

“Any such retirement will not prevent the IPCC managing the investigation.”

He said Cleveland Police would ‘cooperate fully’ with the process and said while it was underway he could not comment on individual cases.

However, he said he shared ‘the frustration of many, including police officers and members of the public at the length off time these complex legal procedures and investigations themselves can take’.

He said the police complaints system was ‘complex and time consuming’, and said he was committed to improving it by transforming the Professional Standards programme under his police and crime plan objectives.