The Law Society of Ireland has written to Taoiseach Enda Kenny setting out its views on key areas a commission of inquiry should examine in its review of “shocking” revelations regarding the taping of telephone conversations by gardai.
The society listed 41 issues and questions in relation to the controversy which it said had breached the rights of solicitors’ clients, even though it has not been officially invited to contribute to the terms of reference underpinning the inquiry.
At a meeting earlier today, the Law Society’s Council “expressed its grave concern about the shocking revelations of recent days that telephone conversations to and from a large number of garda stations were secretly and illegally recorded over a period of decades”.
In his letter to the Taoiseach, the president of the Law Society John Shaw said any breach of a right to contact a solicitor in private was a breach of human and constitutional rights.
“Where a person also then becomes subject to proceedings following such a breach, their constitutional rights to a fair trial and due process may also be affected,” he wrote.
“The Law Society believes that it must, in the interest of upholding the rule of law, be afforded the opportunity to contribute to the terms of reference for the establishment of any Commission of Investigation.
“It will be necessary for the day-to-day recordings to be analysed together with the implementations of individually affected cases.”
Among the issues outlined in their submission to the Taoiseach are questions surrounding the extent of recordings and the extent to which notes were made of those recordings.
It asks that the inquiry seek to discover to what degree any recordings were used as a tool for investigative work or for the purpose of gathering evidence.
In relation to how the taped conversations may affect trials, the society asks if the material was used “in any form, by any person, directly or indirectly” to brief State witnesses and if this may have impacted on their opinions in court.
The minutia of how the recordings may prove problematic is further highlighted by the society asking whether or not they ever formed the basis for gardai requesting search warrants.
Further questions address what, if any, involvement higher offices, including the Department of Justice and of the Attorney General, may have played in authorising the practice and what, if any, legal advice was ever sought by garda management.
“The Law Society believes that each of the questions identified is vitally important,” notes Mr Shaw.
“The Commission of Investigation must first undertake a broad analysis to ascertain why the recordings were made and on what basis State authorities believed that such recordings were lawful or warranted.”
