Urgent investigation launched into allegations gardaí spied on conversations between solicitors and prisoners

Patricia Gilheaney

The allegations are included in a sworn affidavit from a serving prison officer and were first reported in the Irish Examiner.

Responding to the report, Justice Minister Charlie Flanagan said the allegations “raise serious issues which need to be addressed”.

He added: “Surveillance can be necessary to prevent illegal trafficking of substances into prisons, but this must of course be carried out in accordance with the law. It must be stressed that these are allegations, and we must in the first instance determine if they are factual.

“This preliminary investigation will put us in a better position to consider whether further steps need to be taken, such as a more formal inquiry, as has been called for.”

The Irish Penal Reform Trust (IPRT) has called on key bodies to work together to conduct a thorough investigation into the allegations.

It also raised concerns that the Office of the Inspector of Prisons is not adequately resourced to undertake the investigation alongside its regular programme of work.

Under the terms of the statutory investigation, Mr Flanagan will retain the power to omit any matter from any report where he is of opinion that its disclosure may be prejudicial to security, contrary to the public interest, or may infringe the constitutional rights of any person.

For that reason, the IPRT is also calling on the Data Protection Commission and the Complaints Referee to consider using their powers under the Criminal Justice (Surveillance) Act 2009 to work with the Inspector to ascertain the facts as to whether any authorisation was granted for the surveillance alleged and, if so, whether it was carried out in contravention of the Act.

Deirdre Malone

Executive director Deirdre Malone said: “These serious allegations raise huge concerns given the particularly intrusive nature of covert surveillance and the potential for rights violations if the allegations are well-founded.

“We welcome the minister’s announcement that the Inspector of Prisons, Ms Patricia Gilheaney will carry out a preliminary investigation to establish whether there is a need for a formal inquiry.

“However, it is essential that the Office receives additional resources to ensure that it can conduct this preliminary investigation without negatively impacting on its important day-to-day work in protecting against potential human rights abuses in prison.

“Depending on the outcome of the preliminary investigation by the Inspector of Prisons into the facts, IPRT will further consider lodging a complaint on behalf of those potentially affected by these allegations to the Data Protection Commission under Article 80 GDPR.”