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Prison surveillance probe demand by IPRT

The Irish Penal Reform Trust (IPRT) has demanded a probe into allegations of covert surveillance in prisons and prisoner transport

Allegations have surfaced of the use of covert surveillance, including tracking devices and listening tools, in prisons and prisoner transport which the IPRT says are of serious concern given the potential interference with the right to private and family life, right to receive legal advice in confidence and right to fair trial. 

The IPRT is calling on key bodies to work together to conduct a thorough investigation into these allegations.

Investigation 

The body welcomed the Minister’s announcement that the Inspector of Prisons, Patricia Gilheaney will carry out a preliminary investigation, which will establish whether there is a need for a formal inquiry. 

However, IPRT emphasised that additional resources must be made available to the Office of the Inspector of Prisons to ensure this investigation can be undertaken alongside its regular programme of work.

IPRT has consistently raised its concerns that the Office is not adequately resourced.

IPRT is also concerned that under the s.31 statutory investigation, the Minister for Justice and Equality could omit details that he believes are prejudicial to security, contrary to the public interest, or may infringe the constitutional rights of any person. 

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

Serious allegations

IPRT executive director Deirdre Malone (small picture) 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.”

Outcome

“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” 

In April 2014, the late Inspector of Prisons Judge Reilly probed the recording of phone calls between prisoners and their legal advisers. No report of that investigation has been published to date. 

At that time, IPRT highlighted that the client-lawyer privilege is one of the most fundamental protections in the justice system, and it is a particularly important protection for prisoners in Ireland, who do not have access to an independent complaints mechanism. 

Complaints mechanism

In 2018, prisoners in Ireland still do not have access to an independent complaints mechanism, IPRT said.  

The IPRT is Ireland's leading non-governmental organisation campaigning for the rights of everyone in prison and the progressive reform of Irish penal policy, with prison as a sanction of last resort.