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Dáil Éireann díospóireacht -
Tuesday, 4 Feb 1992

Vol. 415 No. 3

Written Answers. - Sentenced Persons Transfer.

Roger T. Garland

Ceist:

34 Mr. Garland asked the Minister for Justice when he intends to ratify the signing of the Convention on the Transfer of Prisoners; and the reason there appears to be a delay in this ratification.

Michael D. Higgins

Ceist:

51 Mr. M. Higgins asked the Minister for Justice when the Government proposes to ratify the European Convention on the Transfer of Prisoners which was signed in 1986; and if he will make a statement on the matter.

David Andrews

Ceist:

126 Mr. Andrews asked the Minister for Justice if his attention has been drawn to the need to ratify the European Convention on the repatriation of prisoners; and if he will make a statement on the matter.

David Andrews

Ceist:

131 Mr. Andrews asked the Minister for Justice the number of prisoners in British jails who are from the Republic of Ireland; if his attention has been drawn to the great hardship being caused to the families of these prisoners in the context of their travelling to many parts of the United Kingdom; if, in the circumstances, he will consider examining the possibility of repatriating these individuals to Irish prisons in the event of such mechanism or forum being available for such procedures; and if he will make a statement on the matter.

I propose to take Questions Nos. 34, 51, 126 and 131 together.

Ireland is a party to the Council of Europe Convention on the Transfer of Sentenced Persons but legislation will be required to enable it to be ratified.

The Government are committed to achieving the basic humanitarian purpose of the Convention. A major difficulty so far as this country is concerned is the potential imbalance between the numbers who might seek transfer into this country and the number who might seek transfer out. It is estimated that there are up to 1,000 Irish nationals in foreign prisons, of which there are up to 500 in prisons on the British mainland, who could qualify for transfer to this country under the Convention. On the other hand there are no more than 40 or so prisoners in this country who could qualify for transfer out. While it is impossible to predict accurately the number of Irish nationals in prison abroad who would wish to return here, even low levels of transfer would pose a substantial problem for us because of the lack of spare prison accommodation.

I am satisfied that an arrangement should be made to meet the more urgent and deserving cases and my intention, therefore, is to propose that we would ratify the Convention on a basis which would limit the excess of inward over outward transfers to small proportions. I understand that ratification of the Convention on such a basis should be possible.

My Department already have a very long list of priority legislation on hands and while I am conscious of the need for urgency, and intend to give ratification of the Convention as much priority as possible, I cannot at this stage say when the required draft legislation will be finalised.
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