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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 14 December 2004

Tuesday, 14 December 2004

Questions (280)

Joe Costello

Question:

303 Mr. Costello asked the Minister for Justice, Equality and Law Reform when he proposes to introduce legislation to provide for the repatriation of Irish prisoners serving sentences in the Republic of Cuba; and if he will make a statement on the matter. [33015/04]

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Written answers

The Transfer of Sentenced Persons Acts of 1995 and 1997 is the legislative basis for enabling the repatriation of prisoners to Ireland. While the Act was intended, in the main, to allow for the operation of the Council of Europe Convention on the Transfer of Sentenced Persons it also provides, under section 2 of the Act, for the repatriation of prisoners from or to a state, such as Cuba, which is not a party to the convention. There is, therefore, no need to bring forward additional legislation in this area.

Proposals for the conclusion of an agreement between the two Governments to allow for the transfer of sentenced persons were received by my Department from the Cuban authorities earlier this year. I sought and have received advice from the Office of the Attorney General about the proposed agreement and I expect to be in a position to respond on the matter to the Cuban authorities before the end of the month. I expect that an agreement can be put in place in the first half of next year which will allow for sentenced persons in either state to request repatriation.

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