Dáil Éireann Debate, Tuesday - 12 February 2013
530. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide a timeframe as to when the European Council Framework Decision 2008/909/JHA will be enacted into Irish law (details supplied); and if he will make a statement on the matter. [7264/13]
View answerLegislation will be required to give effect to the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. It is expected that Government approval for the required legislation will be sought later this year. It is envisaged that a Bill will be published in 2014. Under an existing 1983 Council of Europe Convention, to which Ireland is party, individuals convicted of an offence in another Convention state, and for which he or she has received a custodial sentence, may be transferred to their home state to serve that sentence. The Framework Decision seeks to extend the circumstances in which a person may serve a custodial sentence, imposed in another EU state, in their home state.
Whereas the 1983 Convention provides for the physical transfer of the person from the sentencing state to their home state, the Framework Decision, inter alia, permits the transfer of the sentence where the person subject to that sentence is in either the issuing state or the state being asked to execute the sentence. Moreover, the consent of the sentenced person will not be required where the request for execution of the sentence is sent to that person's state of nationality. However, there is a restriction on the application of the Framework Decision insofar as it applies to Ireland. Under article 28.2 of the instrument, a member state may make a declaration that existing arrangements will continue to apply in relation to judgements delivered prior to 5 December 2011. Ireland has made such a declaration.
