Gardaí have confirmed that they are investigating claims that unauthorised covert surveillance was carried out on staff and visitors at the Midlands Prison.
A report by the Inspector of Prisons Patricia Gilheaney into allegations of surveillance and other wrongdoing in the Irish Prison Service has been published today.
The report found evidence that the surveillance was carried out.
This evening, Gardaí confirmed that an investigation into the claims is being carried out under the Assistant Commissioner for Special Crime Operations.
A Garda spokesperson said the matters raised in the Inspector of Prisons' report are being considered by the investigation team.
Surveillance
The allegations emerged in November 2018 in a document lodged as part of legal proceedings.
The claims relate specifically to the Operational Support Group (OSG) - a group set up in 2008 to combat the supply of contraband, such as drugs and phones, to prisons.
It was alleged that a small number of personnel in the OSG carried out 'improper surveillance' in the Midlands prison.
Other allegations included claims that a tracker device had been placed on the private car of a prison officer.
The report says there is some evidence to corroborate the allegation of covert surveillance being carried out in a unit in the Midlands prison in 2011.
It says there is also some evidence to support the allegation that covert surveillance was carried out in an office at the prison between October 2011 and December 2012.
It confirms that €29,000 was paid by the IPS to two private security firms in 2011 and 2012 for services such as covert surveillance, tracking and CCTV - adding that these services were procured outside normal rules.
However, there was no evidence found to support claims that solicitor/client consultations were deliberately monitored.
There's some evidence to support the allegation a tracking device was placed on the car of a prison officer, but the Inspector can't say for certain the allegation is true.
Meanwhile, allegations that there were no protocols or procedures in place regarding the preservation of a scene following prisoner deaths have been corroborated - but noted that progress on the issue had been made in subsequent years.
'Outside of acceptable practice'
The report states: "The evidence does suggest that in an effort to curtail the flow of contraband into IPS facilities, a small number of personnel within the OSG acted in a unilateral manner which was beyond the original remit of the OSG, that does not appear to have followed any standard procedural or operational guidelines and which fell outside of acceptable practice.
"There is a conflict of evidence as to whether these activities were authorised by the then OSG governor."
However, "no substantive evidence" was found to corroborate the claims that such activities were carried out with the knowledge or authorisation of senior management within the IPS.
The Inspector suggests gardaí and the Office of the Data Protection Commissioner are best equipped to carry out any further investigations into the allegations.
"Deeply concerned"
In a statement, the Prison Officers Association said it was “deeply concerned” over the findings of the report.
The association this evening received a copy of the report as well as a briefing on its findings from Prison Service management.
It said it is now awaiting legal advice on the report.
Noting that as Gardaí are now investigating “these most serious matters” it said it would “not be commenting further at this time”
'Concerned at the findings'
In a statement, Justice Minister Charlie Flanagan said: "It is essential that the IPS makes every effort to prevent drugs, weapons and other contraband from entering our prisons. However, all actions taken must be absolutely lawful and based on clear, authorised and accountable procedures.
"Prison officers have a very difficult job to do but they also have an important job to do and it is vital that the highest ethical and professional standards are maintained."
Minister Flanagan added: "I am concerned at the findings in the report that a small number of personnel in the OSG may have acted wrongfully in the past – going far beyond their remit and engaging in unacceptable practices."
In the wake of the report, Director General of the IPS, Caron McCaffrey, will take a number of steps - including a review of the OSG, and the introduction of a new code of ethics.
All allegations of wrongdoing by staff will, subject to any Garda investigation, be addressed 'in accordance with disciplinary procedures'.
