Dáil Éireann Debate, Thursday - 22 June 2017
109. Deputy Paul Kehoe asked the Minister for Justice and Equality the status of the prisoner transfer scheme following the Supreme Court judgement in a case (details supplied); and if he will make a statement on the matter. [29390/17]
View answerThe Deputy is referring to the judgment by a majority decision of the Supreme Court on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgement of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK, where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997. The judgement is detailed and complex and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland, and vice versa. The practical effect of this judgement and whether it will necessitate legislative and/or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.
