I move amendment No. 1:
In page 7, between lines 11 and 12, to insert the following subsection:
"(3) The Minister shall not consent to a request under subsection (1) of this section unless he or she has first obtained a certificate from the governor of the prison in which the sentenced person concerned will be detained certifying that the reception of that person into the prison will not necessitate the release of any prisoner detained within the prison prior to the expiry of his or her sentence.".
I tabled this amendment because of my concern about prisoners transferred from abroad taking up prison spaces here. However, the Minister indicated she will have complete discretion on accepting the transfer of prisoners to Ireland, they will not have automatic rights to transfers, she can refuse requests for transfers if spaces are not available and a waiting list system can be put in place. I will withdraw the amendment on the basis that I am satisfied the Minister will use her discretion to ensure prisoners will not be released to facilitate the return of prisoners from abroad.