Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I recently published the Transfer of Sentenced Persons Annual Report 2017 on my Department's website and laid the report before the Houses of the Oireachtas. This report outlines Ireland's operation of the Transfer of Sentenced Persons Acts during 2017. In 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 to 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.

As of 11 April 2018 there are 29 applications on hold following the Supreme Court judgment and 23 of these applications are from the UK. The principal issue in the judgment is the significantly different sentencing systems that 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 that 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 the Government as soon as possible. In the meantime I am advised by the Irish Prison Service that all the applicants and officials in the appropriate sentencing states have been informed of the situation.

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