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Prisoner Transfers.

Dáil Éireann Debate, Thursday - 18 May 2006

Thursday, 18 May 2006

Ceisteanna (210)

Arthur Morgan

Ceist:

211 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if his Department has received documentation relating to the repatriation of a person (details supplied) to Ireland from Britain; if necessary documentation has been prepared by his Department and is complete; when such documentation will be completed by his Department; and the reason for the delay in concluding arrangements for the person’s repatriation to Ireland. [19039/06]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that my Department received the formal application for transfer of the person concerned from the United Kingdom authorities in September, 2005. Various reports were then sought and received by my Department from bodies in this Jurisdiction. The application was reviewed by the State's legal officers in order to ensure that the requirements of the Council of Europe Convention on the Transfer of Sentenced Persons and the Transfer of Sentenced Persons Acts 1995 and 1997 were satisfied. Having received their advices in the matter, my Department requested further supporting documentation from the U.K. Authorities in relation to this application. Following the receipt of this additional documentation and further legal advice on the matter, I now expect to make a decision on the application in the immediate future.

It should be noted that the Convention on the Transfer of Sentenced Persons requires extensive documentation to be exchanged between both jurisdictions in order to allow an application to be fully considered. A three-way consent is also required to enable any transfer to take place i.e. from the authorities of both jurisdictions and from the person concerned. On receipt of those consents (assuming they are forthcoming), an application must be made to the High Court for a warrant authorising the transfer of the person concerned and his/her continued detention here.

These procedures are required under the Transfer of Sentenced Persons Acts and must be adhered to in processing each application. I can assure you that every effort will be made to complete this process as quickly as possible.

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