Dáil Éireann debate -
Tuesday, 15 May 2001

Vol. 536 No. 2

Written Answers - Prisoner Repatriation.

Michael Ring

Question:

406 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position on the repatriation of a person (details supplied) from England; and when this man can expect to be returned home to serve the remainder of his prison sentence here particularly as his case is not under appeal but is rather merely being reviewed which would not prevent his repatriation. [13979/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): In my reply to a previous question on this matter, I informed the Deputy that the prisoner concerned has applied to the Criminal Cases Review Commission in the United Kingdom regarding his conviction and that I have sought the advice of the Chief State Solicitor in relation to this matter as the Council of Europe Convention and the Transfer of Sentenced Persons Act, 1995 and 1997, require that an application can only proceed where the sentence imposed is final. I must be satisfied that the outcome of the Criminal Cases Review Commission process will not cause future difficulties should a transfer occur. I understand it is possible that if the Criminal Cases Review Commission finds in favour of the applicant, then the case may be referred back to a UK court and that the prisoner concerned may be required to appear before that court. The Chief State Solicitor will advise me of the possible outcomes of the review process and of the legal implications in relation to the Council of Europe Convention on the Transfer of Sentenced Persons.

Following receipt of the advices of the Chief State Solicitor I will be in a position to make a decision on the transfer application. Should I consent to the transfer and should the prisoner and the United Kingdom authorities also consent, my Department will request the Chief State Solicitor to apply to the High Court for a warrant authorising the transfer of the prisoner to this jurisdiction and his continued detention here. I assure the Deputy that every effort is being made to process the transfer application of this prisoner as quickly as possible. However, it is likely to be some time yet before a transfer can be effected, assuming all the necessary consents are forthcoming. I will keep the Deputy informed of developments in the matter.