Dáil Éireann Debate, Tuesday - 29 June 2004
367 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he will list the various types of releases and transfers for which prisoners can apply; the procedures in this regard; and if he will make a statement on the matter. [19241/04]
View answerPrisoners may apply for a transfer to any prison or place of detention within the State, providing they meet any age or other requirements that may apply to the particular establishment. Temporary releases may be authorised for sentenced prisoners on humanitarian grounds or for the purpose of rehabilitation under the provisions of the Criminal Justice Act 1960. I have no powers to release remand prisoners who may be released only by order of the courts. Any remand prisoner who wishes to obtain release should consult with his legal advisers.
Applications for temporary release or inter-prison transfers are normally made through the prison governor. Decisions on requests for a such a transfer are normally made by a senior prison service official. However, where such a request is made by a prisoner who is serving a sentence for a very serious offence, such as murder, and the transfer would involve a reduction in the security regime for the prisoner, it would normally be referred to me. Decisions on requests for temporary release may be made by me, or by a senior official acting on my behalf.
The Transfer of Sentenced Persons Acts 1995 and 1997 provide a mechanism whereby non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries and, similarly, Irish persons who are imprisoned overseas may apply to serve the remainder of their sentences in Ireland. Such transfers may be facilitated where the other country has ratified the Council of Europe Convention on the Transfer of Sentenced Persons. Transfer requests under the convention are normally made by a prisoner through the governor of the prison in which he or she is detained. I decide on all such requests following the collation of a reports from various agencies setting out the consequences of such a transfer. The consent of the three parties in the process is required prior to any transfer, namely, the sentencing state, the receiving state and the sentenced person.
