Dáil Éireann Debate, Tuesday - 5 November 2013
797. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the average time it takes for the repatriation of Irish prisoners serving sentences abroad to be transferred to Ireland once the initial application is received by his Department; the reason for the delays in such repatriation; and if he will make a statement on the matter. [46563/13]
View answerThe 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 number of reports from various agencies setting out the consequences of such a transfer. The consent of all three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.
Each case is judged on its individual merit and cases are processed as quickly as possible. Cases can take anywhere between 3 months and 2 years to be completed and can take even longer in some extreme cases. Some of the reasons for delays include the following; incomplete documentation which has to be returned to the requestor or their legal representatives, the relevant requested documentation not submitted with original request which is a common occurrence, for example a birth certificate or copy of passport not submitted. Delays can also take place in the sending jurisdiction which are out of our control.
