Dáil Éireann Debate, Thursday - 2 October 2014
109. Deputy Gerry Adams asked the Minister for Justice and Equality if her attention has been drawn to the case of an imprisonment of a person (details supplied); and if she will make a statement on the matter. [37460/14]
View answerI can inform the Deputy that an application has been received recently from the Spanish Authorities on behalf of the individual referred to in this question.
The application is receiving the necessary attention as is afforded to all such applications made under the Transfer of Sentenced Persons Act 1995 and 1997. The applicant will be notified directly of any developments in his case as they arise.
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 number of 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, i.e. the sentencing state, the receiving state and the sentenced person.
However, the Deputy should be aware that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right on any prisoner to be transferred nor does it confer an obligation on any state to comply with a transfer.
