Joe Costello (Dublin Central, Labour)

Section 9 does not state that ECHR standards apply in regard to the functions of the High Court. That is not expressly stated in the legislation and, therefore, I would like the Minister of State to outline where it is covered. He stated section 9 covers the ECHR in the operation of the High Court. I do not see how it does. Even if did, it would be desirable that this should be expressly stated in the legislation so that the High Court would have cognisance of it when making decisions on the transfer of sentences.

The problem centres on designated countries that are suitable and appropriate for Irish citizens to serve their sentences. Providing appropriate conditions in the State is an issue but it is important to ensure countries with which we reciprocate under this legislation have the necessary safeguards in place and provide the appropriate conditions in which people can serve their sentences. It is no skin off the ministerial nose to do so. It would ensure this legislation would be consistent with human rights principles. The fallback position I mentioned, to which the Minister has not referred, is that we should present prospective designated countries to the Irish Human Rights Commission. We should seek its opinion on whether the countries are in accordance with human rights requirements. I ask the Minister to address this point.

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