Éamon Ó Cuív (Galway West, Fianna Fail)
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98. To ask the Minister for Justice and Equality the steps she is taking to ensure there are no breaches of the Official Secrets Act by prison officers about prisoners' private affairs; and if she will make a statement on the matter. [43790/14]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I visited Limerick Prison on 30 October. On 31 October I was contacted by a reporter who seemed to have very detailed information about that visit that could only have come from within the Irish Prison Service. I understand that such leaking is not an uncommon occurrence. What will the Minister do to stop this activity, which is totally in breach of regulations?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I thank the Minister not only for her answer but for the comprehensive way in which she has dealt with the question. I have never hidden this issue. In fact, I and a number of colleagues spent the day in Maghaberry Prison yesterday and were there for a number of hours. Therefore, it is not the fact that I was in the prison that concerns me, but the fact that a prisoner's private, confidential information was leaked - for example, the details of the room we met in and how long the conversation took, although that was slightly inaccurate because, while the visit was booked for two hours, I was not actually there for two hours.

The Minister said that law-breaking was potentially involved. In other words, it is illegal to leak information. What action is it intended to take in terms of a possible breach of the law?

It is unfair that the reputation of all other prison officers, and other staff, who comply with these laws is sullied by a small number who, for whatever reason, leak information. What steps have been taken to deal with the potential law-breaking that is prima facieinvolved here? Surely nobody should be beyond the law.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Can I assume that the Deputy has reported the incident to the Garda? Obviously, that is open to him if he believes there has been a breach of the Act. Obviously, it should be reported to An Garda Síochána, and I would assume the Deputy would do that, given that he was affected by it.

I am very happy to arrange a meeting with the Deputy and the director of the Irish Prison Service if the Deputy would like that. I have asked for a report from the director, Michael Donnellan, outlining what the Irish Prison Service knows. There is an official way to give information from the Irish Prison Service and this is the way it should be done if information needs to be made public. The Deputy is saying that it was not done in this instance. It would be appropriate for me in the first instance to get a report from the director and see what further action is necessary at that point.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Is the Minister telling me that even though all the facts of the case are potentially known to her and the director, no question will be raised by her in respect of an investigation into the breaking of the law unless I or the prisoner involved make a complaint to An Garda Síochána, and no legal action will be taken unless that complaint is made?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am not saying that, but I am saying it is also open to the Deputy to make a direct complaint. In the meantime, I am happy to arrange for a meeting between the Deputy and the director of the Irish Prison Service. Depending on the content of the report, and taking account of what the Deputy said in his letter to me, clearly, legal advice will also be sought by the Irish Prison Service in respect of further action. I am not saying that the only way that can happen is for the Deputy to report it, but I am saying it is open to him to report it as well.