Prisoner Transfers

Dáil Éireann Debate, Tuesday - 18 December 2012

Tuesday, 18 December 2012

Ceisteanna (485)

Pádraig Mac Lochlainn

Ceist:

485. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to an application from an Irish national (details supplied) currently serving a sentence in a prison in Cordoba Prison, Spain, for repatriation under the CoE Convention on the Transfer of Sentenced Persons to a prison in this State; that this application was lodged in May 2011; the reason for the delay in processing this application; and if he will make a statement on the matter. [56734/12]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Prison Service that an application (details supplied) for a transfer to a prison in this jurisdiction, under the Council of Europe Convention on the Transfer of Sentenced Persons, was received in my Department in July 2011. In the process of considering the application, my officials were concerned that it was incomplete and did not comply with the relevant requirements. On that basis, the advice of the Attorney General was sought. This advice (received in the Irish Prison Service in November 2012) confirmed that the application did not comply with (i) Section 6 of the Transfer of Sentenced Persons Act, 1995, (ii) Article 6(2) of the Convention and (iii) the Rules of the Superior Courts (Transfer of Sentenced Persons) 2007 (S.I. 417/2007). I am further advised that officials in the Irish Prison Service will shortly be in communication with the Spanish authorities seeking the necessary documentation. Upon receipt of same, the application will be processed in the normal manner.