Potential eavesdropping on solicitor/client consultations?

Given today's revelations, what are people's thoughts on the potential ramifications *if* it is found that solicitor / client telephone consultations were being recorded?

On the current state of the law as I understand it, it's hard to see how it might taint admissions made in custody unless it can be shown that (a) the recordings were in fact listened to by investigating Gardaí; (b) contained material that was in some way prejudicial (i.e. went beyond advice to exercise right to silence); (c) the conduct of the interview was influenced or coloured by material obtained through eavesdropping.

However, the recent Gormley decision does seem to signal the advent of a harder line with regard to the right to legal advice.

Plus, the ECHR in S. v. Switzerland held that the right to a private consultation was a constituent element of the right to a fair trial, although in that case it was shown that lawyer/client consultations had, in fact, been eavesdropped on. Having said that, the terms of the judgment are pretty strong, would certainly seem to encompass any interception of communications:

The Court considers that an accused’s right to communicate with his advocate out of hearing of a third person is part of the basic requirements of a fair trial in a democratic society and follows from Article 6 para. 3 (c) (art. 6-3-c) of the Convention. If a lawyer were unable to confer with his client and receive confidential instructions from him without such surveillance, his assistance would lose much of its usefulness, whereas the Convention is intended to guarantee rights that are practical and effective (see inter alia the Artico judgment of 13 May 1980, series A no. 37, p. 16, para. 33).

Later decisions like Brennan v. UK and Öcalan v. Turkey emphasised that "[t]he relevant issue is whether, in the light of the proceedings taken as a whole, the restriction has deprived the accused of a fair hearing."

In E&W it was held that there was no such violation in circumstances where, while there was a lack of privacy in the facilities provided for consultations, no actual eavesdropping could be shown. There's also a fairly recent House of Lords decision refusing reliefs by way of judicial review in respect of the surveillance of prisoners' solicitor/client consultations, although the provisions of the Regulation of Investigatory Powers Act 2000 in that jurisdiction mean it's probably of limited relevance here.