Tom Enright
Question:109 Mr. Enright asked the Minister for Justice, Equality and Law Reform when three persons (details supplied) will be transferred from England to serve the remainder of their sentences here. [18216/01]
Written Answers. - Prisoner Transfers.
Tom Enright
Question:110 Mr. Enright asked the Minister for Justice, Equality and Law Reform the date an application from a person (details supplied) was received in his Department; if all documented evidence has been furnished to his Department; and, if so, when the transfer will be approved. [18217/01]
I propose to take Questions Nos. 109 and 110 together.
I will address the case of the first prisoner referred to in the details supplied regarding his application for transfer to Ireland to serve the remainder of his sentence under the Council of Europe Convention and the Transfer of Sentenced Persons Act, 1995 and 1997. The transfer application of the prisoner concerned was received in my Department in December 1998. The prisoner wrote to my Department in May 1998 and the formal application was received from United Kingdom authorities in December 1998.
I approved this application in July 1999. The main delay in this case was due to the need for further documentary evidence to be furnished by the United Kingdom authorities in order to satisfy the requirements of a High Court application. I can confirm that the Office of the Chief State Solicitor has informed my Department that a successful application for the issue of a transfer warrant regarding this prisoner was made in the High Court on 24 May 2001. The warrant will be forwarded to my Department in short course and a transfer can be effected shortly thereafter.
The transfer application with respect to the second named prisoner was received in my Department in January 2000. The prisoner concerned wrote to my Department in May 1999 and his formal application was received from the United Kingdom authorities in January 2000. I approved this application in October 2000. The main delay in this case was again due to the need for further documentary evidence to be furnished by the United Kingdom authorities in order to satisfy the requirements of a High Court application. I can confirm that on 5 June 2001 my Department sent sworn affidavits to the Office of the Chief State Solicitor. The Office of the Chief State Solicitor is now proceeding with an application to the High Court for a warrant authorising the transfer of the prisoner concerned into this jurisdiction. It is expected that this warrant can be obtained before the courts go into summer recess and that a transfer can take place shortly after receipt of this warrant.
The transfer application with respect to the third named prisoner was received in my Department in July 1999. I approved this application in March 2001.
The principal cause of delay in this case arose from the requirement to confirm that the prisoner concerned had sufficient ties in Ireland to justify a transfer. This confirmation is necessary in order to ensure that a prisoner will have sufficient family support upon release in Ireland. It took several months to receive relevant reports, which confirmed that the prisoner's ties with this country were sufficiently strong to justify his transfer. Now that this step has been completed, I have consented to the transfer and I understand that the Office of the Chief State Solicitor is now preparing drafts of the affidavits to be sworn by my Department which will be used in the application to the High Court for a warrant authorising the transfer of the prisoner concerned into this jurisdiction. My Department, in conjunction with the Office of the Chief State Solicitor, hope to complete this High Court application process as expeditiously as possible.
Tom Enright
Question:111 Mr. Enright asked the Minister for Justice, Equality and Law Reform the number of prisoners who have been transferred here in 2001; the number of prisoners awaiting such transfer; the average length of time from the time of making an application to the actual transfer; the number of prisoners who are awaiting warrants to be issued for their transfer here; the number of prisoners who are expected to be transferred back before the courts go into summer recess; and the longest period a prisoner must wait for a transfer order at present. [18218/01]
I can confirm that, under the Council of Europe Convention and the Transfer of Sentenced Persons Act, 1995 and 1997, no prisoners have as yet transferred into Ireland from prisons outside the country in 2001. Some 43 prisoners are currently awaiting transfer to Ireland. The average length of time from date of making application to date of actual transfer has been calculated as 18 months. Four applicants are awaiting warrants to be issued for their transfer to Ireland. My Department expects to receive two warrants for transfer before the courts go into summer recess with the actual transfers expected to take place shortly after receipt of warrants. The period a prisoner must wait for a transfer to Ireland varies, according to individual circumstances; however, the longest period was three and a half years.
The lengthy application process is due to the fact that several legal requirements need to be satisfied before a transfer can take place. Under the Transfer of Sentenced Persons Act, 1995 and 1997, I must be satisfied that the acts or omissions constituting the offence of the applicant would also constitute an offence under Irish law before I can consent to a transfer. The Office of the Chief State Solicitor advises me on this matter.
After I consent to a transfer, my Department must then obtain the consents of the prisoner and the relevant foreign authorities. These consents are then forwarded to the Office of the Chief State Solicitor, which prepares draft affidavits to be amended if necessary and sworn by my Department. With the sworn affidavits, the Office of the Chief State Solicitor can apply for a High Court warrant authorising a transfer into this jurisdiction.
While legal requirements do protract the duration of transfer applications, both my Department and the Office of the Chief State Solicitor make every effort to process each application as quickly as possible.