Dáil Éireann Debate, Wednesday - 21 April 2021
1374. Deputy Jim O'Callaghan asked the Minister for Justice when the Transfer of Sentenced Persons Acts will be updated to permit the repatriation of Irish prisoners serving sentences in the UK under sentences not recognised in Irish law; and if she will make a statement on the matter. [18209/21]
View answerIn 2016, relevant Supreme Court judgments raised the issue of how best to adapt and administer under Irish law a foreign sentence that contains features not found in Irish sentences
To address this issue the Government approved the General Scheme of the Transfer of Sentenced Persons (Amendment) Bill in 2019 to amend the Transfer of Sentenced Persons Acts 1995 and 1997.
Legislation to transpose Framework Decision 2008/909/JHA is also being progressed and is on the most recent Government Legislative Programme Priority List for publication. This legislation will address similar issues which could arise in relation to sentence adaptation in respect of sentence transfers between EU Member States.
Officials in my Department are currently working with the Office of the Attorney General with a view to progressing these issues and bringing the necessary legislation to deal with both Member State and non-Member State scenarios before the Oireachtas as soon as practicable.
