Dáil Éireann Debate, Wednesday - 25 October 2017
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if contact can be made with the authorities in Turkey with a view to possible repatriation of a person (details supplied) who has received a six and a half year sentence for a trivial offence; and if he will make a statement on the matter. [45211/17]
View answerI wish to advise the Deputy that it would not be appropriate for my Department to contact another state to request the repatriation of a sentenced prisoner. It is for any individual detained overseas to apply through the relevant authorities in that country.
The Transfer of Sentenced Persons Acts, 1995 and 1997 provide a mechanism whereby 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 and I can confirm that Turkey is a signatory to the Convention.
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.
I can further advise the Deputy that the Supreme Court judgement in the case of O'Farrell, McDonald, Rafferty -v-The Governor of Portlaoise Prison 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. 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. Given the complex nature of the review being undertaken, it is not possible at this stage to indicate a time frame for its conclusion.
I am further advised by my officials in the Irish Prison Service that an application from the person referred to, for a transfer to a prison in this jurisdiction, under the Council of Europe Convention on the Transfer of Sentenced Persons, has not been received.
