Dáil Éireann díospóireacht -
Wednesday, 29 Sep 1999

Vol. 508 No. 1

Written Answers. - Prisoner Transfers.

Richard Bruton

Ceist:

768 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the progress made in his Department's assessment of the request for a transfer of a person (details supplied) under the Transfer of Sentenced Persons Act, 1995. [17905/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The person referred to in the question is currently detained in a mental institution in Scotland and has indicated his interest in a transfer to Ireland.

To date, all transfers under the provisions of the Transfer of Sentenced Persons Act, 1995, have involved sentenced persons only i.e. prisoners. The Attorney General was therefore asked to advise on the applicability of the Act to mentally ill persons. He has since advised that it should be possible to transfer persons detained in mental hospitals subject, however, to a number of qualifications. These include, for example, forthcoming legislation in both the civil and criminal aspects of mental illness which might apply in the near future, the appropriateness of transferring certain persons in the light of medical reports, and the availability of secure accommodation in this jurisdiction.

It is understood that the relevant United Kingdom authorities may also have similar concerns particularly with regard to the procedures to be used to effect this type of transfer. Their consent will also be required to effect any transfer. A three-way consent is required from the authorities of both states and the person concerned.

My Department is currently in discussions with the Department of Health and Children and the Central Mental Hospital authorities with a view to overcoming a number of difficulties. These include the availability of adequate accommodation in the Central Mental Hospital in addition to clarifying the transfer procedures to be used. It is likely that the Central Mental Hospital will also be required to assess the appropriateness of transfer for such persons from a medical or psychiatric viewpoint. When these issues have been resolved, I would hope, in conjunction with all relevant parties, to be in a position to commence processing applications of this nature.