Dáil Éireann díospóireacht -
Tuesday, 1 May 2001

Vol. 535 No. 1

Written Answers - Prisoner Transfers.

Michael Ring

Ceist:

533 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position on the repatriation of a person (details supplied) from England; and when this person can expect to be returned home to serve the remainder of his prison sentence. [11821/01]

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

I can again confirm to the Deputy that my Department has received the formal application for transfer of the person concerned from the United Kingdom authorities.

I understand that in this case, the prisoner concerned has applied to the Criminal Cases Review Commission in the United Kingdom regarding his conviction. The Council of Europe convention and the Transfer of Sentenced Persons Act, 1995 and 1997, require that an application can only proceed where the sentence imposed is final and that no appeals are outstanding. I have sought the advice of the Chief State Solicitor in relation to this matter.

The Office of the Chief State Solicitor will also have to advise me as to whether the acts or omis sions constituting the offence concerned would also constitute an offence under Irish law and whether the sentence imposed by the sentencing state is compatible with the laws of this jurisdiction. This is also necessary in order to satisfy the requirements of the Council of Europe convention and the Transfer of Sentenced Persons Act, 1995 and 1997. Following receipt of its advices in the matter I will be better placed to make a decision on the transfer application.