Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

First, I acknowledge that I received the Deputy's letter on 17 November. Second, I regard the divulging of information regarding prisoners' private affairs as a very serious matter and one that will not be tolerated.

In the course of a prison officer's work, clearly, he or she may have access to or hear information concerning the personal affairs of a prisoner or an employee. I agree with the Deputy that such information, irrespective of the format, is strictly confidential. Any member of the Irish Prison Service who discharges or divulges information to a third party - as in the Deputy's case, in which information was reported in the media - is not only contravening policy, but is also contravening the law. The breach of confidence is an offence under the Prison (Disciplinary Code for Officers) Rules 1996, which state that "divulging, communicating, publishing or causing to be divulged, communicated or published any information not lawfully available to members of the public which comes to his or her knowledge from official sources or derives from his or her duties" constitutes a breach of discipline.

I have discussed this matter with the director general of the Irish Prison Service following the Deputy's letter to me. It is open to a governor, where it appears an officer may have committed a breach of discipline of this nature, to carry out an investigation under the code of discipline, and if he or she is satisfied that the alleged breach is a serious one, to proceed to an oral hearing on the matter under the code. Although I will not go into detail, a series of penalties are available. In addition, when officers are recruited to the Irish Prison Service, they must sign an agreement under the Official Secrets Act 1963.

As well as speaking to the director general of the Irish Prison Service following the Deputy's letter, I have sought a full report from him on the circumstances surrounding this specific matter. The Deputy is entitled to privacy if he is making a visit to a prison. We do not in any way, and never would, condone the leaking of this kind of private information about somebody who is a prisoner.

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