Seanad debates

Thursday, 29 April 2004

Transfer of Execution of Sentences Bill 2003: Committee Stage.

 

12:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I recognise the intendment of the amendment, which seems to be designed to give the person in detention the benefit of both our own system and that of the original sentencing state. However, I am not certain the implications have been fully worked out in the amendments. For example, paragraph (c)(ii), as proposed in amendment No. 29, provides: "For the purposes of such rules or practice, remission of a sentence which has been partly served in the sentencing country shall be calculated on the basis of the total duration of the sentence served by the person concerned rather than that portion of it which is served in the State." This could mean a person who has served part of the sentence abroad in a country with a higher remission rate than applies here would lose some of the remission gained abroad. I do not propose to accept the amendment but will inform the Minister of the Senator's concerns. I am prepared to revisit the issue of the relationship between remission and the operation of the legislation on Report Stage.

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