As the Deputy is aware, the 1983 Convention on the Transfer of Sentenced Persons provides the current mechanism through which a person may seek a transfer of their prison sentence between Ireland and the UK. The legislative basis for these transfers is the Transfer of Sentenced Persons Act 1995 (as amended).
I am advised by officials in the Irish Prison Service, who are the competent body for the administration of the Transfer of Sentenced Persons Acts, that a number of applications from prisoners incarcerated in the United Kingdom are currently being considered.
The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 was signed into law on 1 March. Arrangements are being made to commence the 2023 Act as soon as possible. Alongside transposing EU Framework Decision 2008/909/JHA in respect of intra-EU prisoner transfers, it also significantly amends the Transfer of Sentenced Persons Acts in respect of transfers under the Convention. When commenced, these amendments will address legal issues arising with inward transfers in particular and will facilitate the completion of such transfers.
The Deputy will appreciate that applications of this nature are complex and require legal assessment on a case-by-case basis. The Convention does not confer an automatic right to transfer, nor does it impose on obligation on either state to agree to a transfer request. All such requests are decided upon following preparation of reports from several agencies, and require the consent of all three parties (the person, the sentencing state and the administering state) to proceed. New legal advice may be sought based on the new provisions of the 2023 Act that apply. It may also be necessary to inform the sentenced person and the sentencing state concerned in relation to the amended regime, and to re-confirm the relevant consents.
I am assured that these applications are receiving the necessary attention and are being progressed as quickly as possible.
