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Dáil Éireann debate -
Tuesday, 16 May 2000

Vol. 519 No. 2

Written Answers. - Prisoner Transfers.

Bernard J. Durkan

Question:

293 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) will be repatriated to a prison in Ireland; and if he will make a statement on the matter. [13542/00]

The person concerned has applied for a transfer to serve the balance of his sentence here under the Council of Europe Convention on the Transfer of Sentenced Persons. My Department received the application in October 1999. Following consideration of the application by this Department and by the Chief State Solicitor's Office, in January this year, I consented to the transfer of the person concerned. The necessary documentation, as required under the convention, was subsequently returned to the United Kingdom authorities for their further consideration. The consent of the Home Secretary and the formal consent of the person concerned is now awaited. On receipt of those consents, assuming they are forthcoming, the matter will be referred to our legal advisers to make the necessary application to the High Court for a warrant authorising the person's transfer and continued detention here.

I should point out that both the Convention on the Transfer of Sentenced Persons and the Transfer of Sentenced Persons Act, 1995, require that extensive documentation be exchanged between both jurisdictions in order to allow an application to be fully considered. A three way consent is also required to enable any transfer to take place, that is, from the authorities of both jurisdictions and from the person concerned. On receipt of those consents, assuming they are forthcoming, an application must then be made to the High Court for a warrant authorising the transfer of the person concerned and his-her continued detention here.

These procedures are required under the convention and must be adhered to in processing each application. Unfortunately, it is not possible to say how long it will take for this application to be considered. However, I can assure you that my officials are in contact with their counterparts in the UK Home Office regularly to ensure that every effort will be made to complete this process as quickly as possible.

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