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Dáil Éireann debate -
Thursday, 13 Nov 1997

Vol. 482 No. 7

Written Answers. - Prisoner Transfers.

Emmet Stagg

Question:

93 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if his Department has received legal documentation from the British authorities to allow for the repatriation of a person (details supplied) under the provisions of the Council of Europe Convention on the Transfer of Sentenced Persons; when it is expected that his Department will have the papers processed and returned to the United Kingdom in this regard; when the repatriation is expected to take place; and if he will make a statement on the matter. [19254/97]

I can confirm that the application in respect of the person referred to in the question was received in my Department on 5 November 1997 and is currently under active consideration by our legal advisers in the Chief State Solicitor's Office. As the Deputy may be aware, they must confirm that the offences for which the person referred to was convicted in the United Kingdom would also constitute offences if committed in this jurisdiction. We are now awaiting their advice, on receipt of which, I will be in a position to make a decision on the application.

Assuming this application is consented to, the United Kingdom authorities will be advised accordingly. We will then have to await the consent of the Home Secretary and formal consent of the prisoner to the transfer. There must be three-way prior consent from the sentenced person and from the authorities of both States for a transfer to take place. On receipt of same, arrangements will be made to apply to the High Court for the necessary warrant authorising his transfer into this juridsdiction and his continued detention.

I should point out that these procedures are as required under the convention and must be adhered to in considering any transfer application. Unfortunately, it is not possible to say how long it will take for this application to be considered. However, I can assure the Deputy that every effort is being made to process this application as quickly as possible. The Deputy may also wish to note that both the person referred to and his family have been kept fully informed by my Department of developments to date.

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