Dáil Éireann Debate, Thursday - 12 July 2018
239. Deputy Paul Kehoe asked the Minister for Justice and Equality the position regarding the prisoner transfer scheme following the Supreme Court judgment in a case (details supplied); if legal clarity on applications by prisoners abroad for transfer to Ireland has been sought; when the decision will be made on outstanding applications; and if he will make a statement on the matter. [31896/18]
Amharc ar fhreagraIn July 2016 the Supreme Court dismissed the State's appeal in the case of O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison. The case concerned an appeal taken by the State against a judgment of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK under the provisions of the Transfer of Sentenced Prisoners Acts 1995 -1997. The judgment is detailed and has complex implications for the process of transferring prisoners from other States, and in particular the UK, to Ireland.
The principal issue in the judgment is the significantly different sentencing systems which operate in the UK and in this State. In particular, the judgment raises the issue of how best to adapt and administer under Irish law a foreign sentence, which contains features not found in Irish sentences. This is important, as it is not possible to operate a prisoner transfer system where there is uncertainty on the part of either the transferring or receiving State as to the length of sentence to be served by the prisoner concerned.
The complex legal and administrative implications of this judgment are being examined by my Department, in consultation with the Attorney General's Office. Detailed legal advice has been received, and an amendment of the Transfer of Sentenced Prisoners Acts will be required. Work is under way on drafting that amendment, and I will bring a proposal to Government as soon as possible.
Following legal advice, it is apparent that applications from the UK cannot be successfully concluded until the legislation is amended due to the significantly different sentencing systems which operate in the UK and here. Applications from other states are being fully considered and processed in the context of existing legislation and referred for legal advice on a case by case basis.
