Probe into how prison governor appointed

An investigation is underway to determine whether two of the country’s biggest prisons in the country had no official governor for a period of 18 months during which prisoners could have successfully challenged their detention.

The probe is also examining if a prison governor was demoted in order to cover up the error that led to legal and administrative failure to properly appoint governors with statutory powers.

If the situation had come to public attention at the time, it would have sparked a major political and security controversy.

The problem arose in December 2016 over the appointment of Ethel Gavin to the role of campus governor in the Midlands. Unbeknownst to her, she was not specifically appointed governors of the prisons that made up the campus, Portlaoise and the Midlands.

Ethel Gavin was transferred from her role as ‘acting campus governor’ to governor of the Midlands Prison. She has submitted a grievance over how she was treated and the matter is being investigated.

As subsequent High Court case in relation to another prison campus highlighted that governors with the statutory powers to detain prisoners must be appointed to specific prisons. A failure to do so, the court noted, would leave it open to prisoners to legally challenge their detention.

In June 2018, following a walk-out by a group of prison officers over industrial relations, Ms Gavin was transferred to the role of Midlands prison governor, effectively a demotion.

She was not subjected to any disciplinary process over the walk-out and there was no suggestion that she bore any culpability for it.

She has since lodged an official complaint with the Irish Prison Service over her treatment in relation to the incident. Following her demotion, she was appointed governor of the Midlands prison and another manager, John Farrell, governor of Portlaoise. This effectively closed the legal lacuna that existed.Later in June 2018, Independent TD Clare Daly asked a number of parliamentary questions about the matter in the Dail.She received replies that initially did not specifically answer the questions she asked and subsequently she was furnished with a replies that were factually inaccurate.