Dáil Éireann Debate, Tuesday - 21 February 2023
553. Deputy Thomas Pringle asked the Minister for Justice if it is envisaged that the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 will have passed all stages before the summer recess of Dáil Éireann; and if he will make a statement on the matter. [8253/23]
Amharc ar fhreagra554. Deputy Thomas Pringle asked the Minister for Justice if it is his intention to commence in its entirety the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 upon being signed into law; and if he will make a statement on the matter. [8254/23]
Amharc ar fhreagra555. Deputy Thomas Pringle asked the Minister for Justice the additional resources that will be made available to the Irish Prison Service, the Probation Service and other relevant agencies to ensure that the transfer of sentenced persons scheme will work effectively and without delays, upon commencement of the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021; and if he will make a statement on the matter. [8255/23]
Amharc ar fhreagraI propose to take Questions Nos. 553, 554 and 555 together.
As the Deputy may be aware, the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2022 completed its passage through the Dáil on 8 February 2023 and has, today, completed its passage through the Seanad.
The purpose of the Act is to implement the provisions of EU Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU. The Act also amends and updates the existing legislation underpinning the Convention regime in respect of transfers for non-EU states, including the United Kingdom.The existing legislation implementing the Convention has been subject to legal challenge in recent years due to differences in sentencing structures between states. This uncertainty has necessitated extensive legal review of each individual application to evaluate potential issues and these differences have proven difficult, and often impossible, to reconcile. The amendments to the existing legislation provided for in the Act will address these issues and will simplify and streamline the transfer process.
Once signed into law by the President, I expect those elements of the Act transposing the Framework Decision will be commenced as soon as possible. The timeline for commencement of the amendments to the Convention regime is to be determined, but I do not expect a significant delay before the Act comes into operation in its entirety.
Resourcing will be kept under review to ensure that applications are properly considered in a timely manner.
