Dáil Éireann Debate, Thursday - 30 June 2022
258. Deputy Thomas Pringle asked the Minister for Justice when the transfer of the sentenced persons (amendment) Bill to amend the Transfer of Sentenced Persons Acts 1995 and 1997 will be published; the timeline for the passing of the Bill; and if she will make a statement on the matter. [35046/22]
View answerAs the Deputy may be aware, consideration of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 completed Dáil Committee Stage on 10 November 2021.
The purpose of the Bill 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.
However, 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. It had previously been intended to address the issues for Convention transfers by way of separate legislation, the Transfer of Sentenced Persons (Amendment) Bill. However, these changes are now being consolidated in the 2021 Bill. 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.
