Thomas Pringle (Donegal, Independent)
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43. To ask the Tánaiste and Minister for Justice and Equality to outline the position regarding the progress being made in the drafting of the transfer of sentenced persons Bill; when she envisages its introduction; and if she will make a statement on the matter. [24733/17]

Thomas Pringle (Donegal, Independent)
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This relates to the draft transfer of sentenced persons Bill, although that is not the Long Title. I understand the heads have been approved since 2013 but the Bill has yet to be published. What are the Minister's plans for the Bill?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that the current law on the transfer of prisoners is set out in the Transfer of Sentenced Persons Acts 1995 and 1997 and in the Transfer of Execution of Sentences Act 2005. These give effect to the Council of Europe Convention on the Transfer of Sentenced Persons made in Strasbourg on 21 March 1983 and its additional protocol.

Subsequent to these enactments an EU framework decision addressing prisoner transfers within the European Union has been adopted. A Bill to enable the transposition of this instrument into Irish law is being drafted by the Office of the Parliamentary Counsel to the Government. One of the main effects of the framework decision is that it removes, in some well-defined circumstances, the requirement that a person must consent to the transfer.

When drafting of the Bill has been completed and subject to Government approval, the Bill will be published. This work is ongoing and I expect it will be later this year when we get to the point where we are in a position to publish the Bill.

Thomas Pringle (Donegal, Independent)
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Is it the position now that the transfer of prisoners cannot take place while we are waiting for this legislation to come through? I know there are several people who are waiting to transfer to complete their sentences in this jurisdiction. The Bill is vital for those prisoners. Legislative delays are not acceptable given that by the end of this year the transfer of this EU decision into Irish law will have been four years in gestation. That is an exceptionally long time. I do not think it is fair to prisoners who are waiting for transfers to have this situation going on for so long. As I understand it, no transfers are taking place now because of this. Will the Tánaiste clarify whether that is the situation?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I imagine the Deputy will be familiar with the O'Farrell, Rafferty and McDonald case. In July 2016, the Supreme Court made a determination in the case and dismissed the State's appeal. I will not go into the details because I do not have time. However, to answer Deputy Pringle's question, in September 2014, the High Court ordered the men to be released after finding that it could not retrospectively adapt, so as to achieve compatibility with Irish law, the warrants detaining the men here following their transfer from English prisons in 2006. My Department is considering the implications, legal and administrative, of the judgment of the Supreme Court. Pending the conclusion of these considerations, which may well indicate a need for legislative change, applications from prisoners abroad are currently on hold.

Thomas Pringle (Donegal, Independent)
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That simply highlights the fact that applications are on hold. This is affecting people and their families. They may be prisoners who have committed offences and have to go through their custodial sentences, but they should be able to do that within a reasonable distance of their families. The prisons should be reasonably accessible for the families. Being in prison in England or somewhere else is the same thing as being in prison in Ireland. It still amounts to the denial of freedom. They should be in a position to complete those sentences here.

The review needs to happen quickly. While the judgment was only last year, surely the solution could be considered and devised in respect of the impacts and surely a remedy could be secured reasonably quickly. I do not think this should run on for years.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I take the point that Deputy Pringle has made. I will try to ensure we are able to move ahead this year in respect of the legislation.

To give the Deputy some other information, in 2016 one prisoner transferred in and ten prisoners transferred out of the State. The most recent published figures on such transfers, which are up to the end of 2016, show that a total of 154 prisoners have transferred here from other countries since the Transfer of Sentenced Persons Act came into operation on 1 November 1995 and 180 prisoners have been transferred to other jurisdictions under the Act.