Patricia Gilheaney

The Inspector of Prisons, Patricia Gilheaney, was asked by Justice Minister Charlie Flanagan last November to examine allegations included in a sworn affidavit from a serving prison officer.

The prison officer alleged that a small number of personnel in the Operational Services Group (OSG) carried out improper surveillance in Midlands Prison as well engaging in other wrongdoing such as the deliberate monitoring of solicitor/client consultations and the placing of a tracker device on the private car of a prison officer.

In her report, now published, Ms Gilheaney said the Irish Prison Service (IPS) paid €29,000 to two security firms in 2011 and 2012 for services including covert surveillance, tracking and CCTV, and that these services were procured outside normal rules.

She found there is “some evidence to corroborate the allegation” that covert surveillance was carried out in a unit in Midlands Prison in 2011, and some evidence to support the allegation that covert surveillance was carried out in an office in the same prison between October 2011 and December 2012.

However, on one of the most serious allegations, Ms Gilheaney found that there is no evidence to corroborate the allegation that solicitor/client consultations were deliberately monitored.

Her report recommends a review of the OSG, which was set up in 2008 to combat the supply of contraband to prisons, such as drugs, mobile phones and weapons.

She also calls for a revision of procedures for the approval of invoices; staff in prisons to be accountable to the most senior governor in the prison to which they are assigned; the introduction of a code of ethical behaviour; a review of policies and procedures in relation to information-gathering, surveillance and CCTV; more stringent screening of persons, including staff, entering prisons; and adherence to public sector procurement procedures.

Welcoming the report, Justice Minister Charlie Flanagan said the recommendations “will all be fully addressed”.

Caron McCaffrey, director-general of the prison service, has committed to a review of the OSG, the introduction of a new IPS Code of Ethics, clear guidelines on invoice approval and criminal investigations into allegations of wrongdoing.

Mr Flanagan said he would shortly put in place a process to appoint a new Prisons Board under an independent chair.

The minister said: “The establishment of a new Prison Service Board, with an independent chair, along with new audit, risk and culture committees, will significantly strengthen governance of the Irish Prison Service, and enhance accountability, efficiency and effectiveness.

“This approach is consistent with the review of the governance relationship with Justice Agencies that is taking place alongside the very significant Transformation Programme in my Department – it is a further important step in the development and modernisation of the Prison Service. I am taking steps to put a Board in place as soon as possible.”