Michael McDowell (Dublin South East, Progressive Democrats)

Yes, but prison officers are not supposed to have phones with them while on duty, so that is another point. They are tough penalties, but if they were not, on indictment, we would have problems arresting people who were attempting to smuggle phones into prison because the supply clause in section 36(1) applies to persons supplying a device to a prisoner without such permission. A person who attempts to do that will be indicted under the 1997 Act as an aider, abettor, counsellor or procurer and is liable to be punished for five years and liable to be arrested and detained. That is why those penalties are provided to that extent.

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