As the Deputy will be aware, the purpose of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU.
Consideration of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 completed Dáil Committee Stage on the 10 November 2021.
As the Deputy will be aware, significant issues have arisen in respect of inward transfers, most notably from the United Kingdom.
While the Bill will address these issues for EU transfers, it does not, as it stands, alter the position for other Convention states. Critically, after Brexit, UK transfers do not fall under the Framework Decision and will continue to take place under the Convention and existing 1995 Act.
The issues involved are particularly complex given the wide range of possible sentencing structures that may be involved, and that the amended regime must be suitable to deal not only with transfers from the UK, but also from other Convention states.
The Government approved heads of amendments to the Convention regime in December 2021. An outline of these amendments is available on my Department’s website. Work is continuing on the formal drafting of these amendments and I expect to introduce them as soon as possible at Report Stage of the Bill.
