Éamon Ó Cuív (Galway West, Fianna Fail)
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119. To ask the Minister for Justice and Equality when she will set up an inquiry into the leak of confidential information regarding a visit made by this Deputy to Limerick Prison on 30 October 2014; her views that it acceptable that such a breach of confidentiality took place contrary to the Official Secrets Act; the steps she will take to prevent a recurrence; and if she will make a statement on the matter. [43789/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The divulging of information regarding prisoners' private affairs is viewed as a serious matter by the Irish Prison Service. In the course of an officer's work he or she may have access to, or hear information concerning the personal affairs of a prisoner and/or employee. Such information, irrespective of the format is strictly confidential. I would like to acknowledge receipt of a letter dated from the Deputy 11th November 2014 regarding the circumstances surrounding his visit to Limerick Prison on 30th October 2014. I wish to inform the Deputy that I have sought a full report from the Director General of the Irish Prison Service into the circumstance surrounding the visit.

Any member of the Irish Prison Service who discharges or divulges information to any third party or the media is not only contravening clear policy, but is also contravening the law. The divulging of information regarding prisoners' private affairs is very damaging not only to the Irish Prison Service but also to the families of those who are in prison. The breach of confidence is an offence under the Prison (Disciplinary Code for Officers) Rules, 1996: 'Breach of Confidence, that is to say, without proper authority, directly or indirectly disclosing, 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.'

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. The penalties provided for under the Code are (a) a reprimand, or (b) a reprimand plus a reduction in rank or a reduction in pay by deferment of one or more increments for one, three, six or twelve months or any longer period the Governor may specify, or (c) dismissal from the Prison Service.

Any such breach of confidence would also be a breach of the Official Secrets Act 1963 and could be subject to prosecution under Section 13 of that Act. It is clearly open to the Deputy, if he has not done so already to make a complaint to an Garda Siochana.

I would like to inform the Deputy when officers are recruited to the Irish Prison Service they are required to sign a copy of the Official Secrets Act 1963. Staff are also expected to sign to acknowledge that they have received this particular Act in hardcopy and that they have read and understand it. During their induction, Officers are educated about the use of information and discretion and are made aware of their legal obligations in this regard.