Parc Prison threatened with legal action after fingerprinting visitor

Martin Shipton

A miscarriage of justice campaigner is complaining to the Ministry of Justice after officials at a private prison insisted on fingerprinting him before allowing him to visit a prisoner.

Michael O’Brien, who himself spent nearly 12 years in prison for a murder he didn’t commit, believes Parc Prison at Bridgend acted unlawfully by forcing him to be fingerprinted before being allowed to visit a prisoner who had asked him for help.

Mr O’Brien wrote to the management team at the prison stating: “I write in regard to visiting your prison yesterday. I note you are asking visitors for their fingerprints. I am not interested in your policy on this issue: the law is quite clear that I am not a criminal and you have no legal right to obtain my fingerprints. It comes under Article 8 [of the European Convention on Human Rights] concerning the right to privacy.

“I am concerned that these fingerprints could fall into the wrong hands and could be used to frame me for a crime I have not done. One prison officer, when I was wrongly convicted and in Cardiff Prison, colluded with the police to frame me by making a false statement to the police and my concerns are genuine.”

Mr O’Brien sought assurances that his fingerprints would not be passed to any third parties and would only be used in connection with visits to the prison.

He stressed that he had no complaints about the way he had been treated by staff, describing their handling of the large number of visitors as “exceptional”.

Mr O’Brien added: “I don’t want you to think I am being awkward in relation to the fingerprint issue but felt I had to raise it to protect myself.

“I am aware things have changed since I was wrongly convicted; however, my experiences have left me with many scars and paranoia and I find it difficult to trust people. I hope you will bear this in mind in relation to my concerns.”

The response to Mr O’Brien from the prison left him more frustrated. It simply confirmed that he had been cleared to visit the prisoner seeking help from him and was “permitted to attend on normal social visits, subject to the standard prison visits”.

Mr O’Brien wrote to the prison again, arguing that a valid passport and driving licence should be sufficient to identify visitors and accusing it of failing to answer his questions about why his fingerprints had been taken and retained.

He stated: “I will be taking this up with the Ministry of Justice as you are clearly breaching Article 8 [of the European Convention on Human Rights] on visitors’ right to privacy.

“You seem to hide behind security to abuse these rights: the courts have said you can’t do this in previous cases. You are basically treating visitors like criminals and that is not on.”

Database

Mr O’Brien also challenged the prison’s use of the Prison Act 1952 and demanded that his fingerprints be removed from its database.

He gave the prison 28 days to respond fully to his complaint and warned that he would consider legal action if it failed to do so.

He added: “I will not be treated like a criminal, but other visitors are too scared to stand up for their rights. I don’t give a damn and will take you to court. I have real concerns as I have previously outlined to you. I will not be fobbed off.

“I am placing you on notice that unless my fingerprints are removed from your database I will instruct my solicitor to seek a judicial review and will send a pre-action protocol letter to you. I don’t take kindly to my rights being abused – it’s not on.”

Mr O’Brien was one of the Cardiff Newsagent Three who spent nearly 12 years in prison for the murder of newsagent Phillip Saunders before their convictions were quashed.

The Ministry of Justice has been asked to comment.

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