Dáil Éireann Debate, Wednesday - 7 May 2014
155. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality his views on alleged interception of prisoners' phone calls; the role the Prison Service played in these alleged interceptions; if he was aware of the alleged interceptions; if so, the actions he took; and if he will make a statement on the matter. [20510/14]
Amharc ar fhreagraI can advise the Deputy that on 26 March 2014 the Director General of the Irish Prison Service became aware of an anomaly whereby a number of prisoners who had more than one solicitor on the Prisoner Phone System had their phone calls to the second solicitor recorded. In these cases, calls to additional solicitors were inadvertently recorded as they were outside the restriction parameters that were then in place on the Prisoner Phone System. At present the Prisoner Phone System records all prisoner calls with the exception of 2 call channels which are left unrecorded. There are channel 1 which is assigned to the prisoner’s solicitor and channel 99 which is assigned to the Samaritans. This is in accordance with Rule 46 of the Prison Rules, 2007.
I was informed of this issue on Tuesday 1 April 2014. On 2 April 2014 I asked the Inspector of Prisons to carry out an urgent independent investigation into all the circumstances surrounding the recording of telephone conversations between prisoners and their solicitors. The Inspector has been asked to carry out his investigation pursuant to section 31 of the Prisons Act, 2007 and to submit his report to me as soon as possible. The Inspector's report will be published. The terms of reference of the investigation are as follows: (a) identify the circumstances which gave rise to the recording of these telephone conversations and the action taken to address this; (b) any action now required to address the issue including any amendments to existing law, regulations and practices; and (c) consider the data protection implications of the recording of conversations and any action required to ensure compliance with Data Protection legislation and the rights of those in prison. I have asked the Inspector of Prisons to submit his report on the investigation as soon as possible.
In addition, on 4 April 2014 the Government published the terms of reference for the Commission of Investigation to be Conducted by Mr Justice Fennelly. In the event that any matter arises from the Report of the Inspector of Prisons into all the circumstances surrounding the recording of telephone conversations between prisoners and their solicitors, which appears to require further investigation in the public interest the Commission may investigate and report on same.
