John O'Donoghue
Ceist:5 Mr. O'Donoghue asked the Minister for Justice the number of prisoners that will be affected by the passage of the Transfer of Sentenced Persons Bill, 1995. [8525/95]
Ceisteanna—Questions. Oral Answers. - Transfer of Sentenced Prisoners.
The latest available figures indicate that there are at least 600 Irish nationals imprisoned throughout the world who would be eligible to have their cases for transfer to this jurisdiction considered. However, as I mentioned during the course of the Second Stage debate on the Bill, the Irish Commission for Prisoners overseas has estimated that the number of prisoners who would seek a transfer in the first year would be about 40 and that, thereafter, the number would level off at less then ten a year. There are approximately 180 persons serving sentences in our prisons who would be eligible to have their cases for transfer out of this jurisdiction considered.
Is it the Minister's intention to utilise resources, which must have become available to her Department as a result of the peace process, to create additional places of detention?
Resources that become available as a result of the peace process will be used for the vital work of the Department of Justice. In my budgetary proposals for this year money is included for the continuation of work for the provision of 210 extra prison places in Castlerea and a new women's prison in Cowley Place beside Mountjoy. Resources that become available as a result of the peace process will be used in the most effective way by my Department.
In so far as the Bill will affect prisoners in other jurisdictions, will the Minister accept that an Irish national, or person who, would be regarded as such, sentenced in another State, should be allowed to apply to the Minister for transfer to this State in the forward an application to the Minister, or refuses an application from the person concerned, and the Minister should be empowered to request the transfer of that person?
The question is essentially statistical, and matters appertaining to policy ought not therefore arise. However, questions have been asked and it is the prerogative of the Minister, if she wishes, to comment on them.
I will answer some parts of the question. Deputy O'Donoghue will have read the convention to which this legislation gives effect. That convention is very clear on how this system will work. It is a voluntary system whereby the prisoner, the receiving jurisdiction and the imprisoning jurisdiction must agree to the transfer. The proposal put forward by the Deputy does not relate to the convention and therefore does not relate to the legislation.
Will the Minister confirm the convention draws no distinction between terrorists and ordinary criminals? Will she indicate whether an examination has been undertaken on the cost to the Exchequer of transferring the 40 prisoners which it is anticipated will be brought back in the first year? Even though the convention makes no distinction between terrorists and ordinary criminals will the Minister say whether preference will be given to the transfer to this jurisdiction of convicted terrorists in British jails?
Neither the convention nor the legislation distinguishes between one prisoner and another or between one crime and another. I will consider all applications in the normal way without giving preference to any prisoner. I cannot give a definitive cost because no study has been undertaken in this regard. We are still in limbo in terms of the number of applications that will be made. The Bill provides that the cost of transferring a prisoner from one jurisdiction to another will be carried by the jurisdiction from which the prisoner will be transferred.
The proposition I put forward was based on consent and I ask the Minister to consider it because it is very serious.
I am sure the Deputy will raise that issue with me on Committee Stage of the Transfer of Sentenced Persons Bill.