Dáil debates

Thursday, 16 September 2021

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Second Stage

 

5:20 pm

Photo of Patricia RyanPatricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

I welcome the opportunity to contribute on the Bill, which seeks to implement the European Council decision on the arrangements for the transfer of prisoners between EU states. Some people might feel that the transfer of prisoners to their home countries should not be a priority. However, repatriation may assist in their rehabilitation, which can only benefit society. It can also help their family members, who are often innocent and inadvertent victims of the prisoners' crimes. While some of the crimes in question may be inhumane, we should not respond inhumanely, but we must remember that the victim is the priority concern.

I wish to address the issue of states that withhold prisoner transfers as a punishment for political prisoners. Amnesty International has criticised Spain and France, both of which have used separation of Basque political prisoners from their families as a source of collective punishment.

I wish to draw attention to a point made by a charity that works with Irish prisoners held abroad. It has warned that the proposed legislation on repatriation will be insufficient without adequate resources to process applications efficiently. Last month, ICPO called for a well-resourced, transparent, fair and explicit repatriation system to be put in place as a matter of urgency. Its call came after the charity published a survey of Irish citizens in prisons overseas. It sent questionnaires to 1,100 prisoners and received 114 anonymous responses. The survey found that 60% of respondents reported experiencing mental health difficulties in prison, a problem exacerbated by Covid-19 restrictions. The survey also found a number of other problems linked to the pandemic, including a lack of visits, prolonged lockdowns in cells, delays in legal hearings and an inability to access educational and offender behaviour courses.

I support the Bill, which is an EU initiative, with one strong caveat. The majority of Irish prisoners abroad are in British prisons. As Britain is no longer in the EU, the Government needs to act urgently to ensure that we have reciprocal arrangements in place. The Minister of State referred to this.

I wish to discuss a repatriation issue and what he and his colleagues can do. Mr. Richard O'Halloran has been mentioned. He has been prevented from leaving China for more than two years. He has not committed a crime. He is being kept over fraud allegations directed against the Chinese owner of the Irish-based leasing company for which he worked. His family are deeply concerned. As Irish citizens, we should also be concerned. Will the Minister of State examine the matter?

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