Principle at stake in prison tapes revelations is 'legal privilege'

LATE on Wednesday evening came the news that Justice Minister Alan Shatter had requested Judge Michael Reilly, Inspector of Prisons, carry out an urgent independent investigation into the announcement that conversations between 139 prisoners and their solicitors had been “inadvertently recorded” on prison phone lines since 2010.

So what is at stake?

The principle at stake in these revelations is “legal privilege” — the protection of communication between lawyer and client from disclosure without the client’s express permission. In fact it is not a “privilege” at all: it is a sacrosanct pillar of our justice system. We all have the right to seek legal advice in complete confidence and without fear of disclosure to third parties and/or risk of potential prejudice to our position. Behind the prison gates a fundamental right like legal privilege assumes even more importance. Prisons are by their nature closed and hidden away from public or media scrutiny. Prisoners, (a group already disproportionately affected by educational disadvantage and mental illness) are, by very reason of their incarceration, completely dependent on the facilities provided by the Irish Prison Service to make such calls in confidence. For prisoners with literacy difficulties access to a phone line is even more important. It is of especial significance for prisoners in Ireland who currently do not have access to an independent complaints mechanism or a Prisoner Ombudsman (an office which exists in Northern Ireland, England and Wales). When the telephone line to your lawyer is compromised, an independent complaints mechanism is not available to you and there is no Prisoner Ombudsman to turn to, there are limited avenues to justice left open for the prisoner trying to vindicate his or her rights.