Barry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire agus roimh an Bille um Cheartas Coiriúil (Aitheantas Frithpháirteach do Phianbhreitheanna Coimeádta), 2021 freisin. Mar a dúirt an Aire, is Bille an-teicniúil é seo agus ba cheart dúinn léamh tríd. Ag an am céanna, mar a dúirt mé cheana féin faoi Bhillí eile, tá fadhb againn leis an slí inar chuir an Roinn an Bille le chéile. I have spoken previously of a difficulty I have with complex legislation and the Minister of State has acknowledged that this is technical and complex. That is attested to by the 110 pages, 86 sections and the Schedule with the framework in it. It is a substantial piece of drafting but I notice that some 17 sections amend other acts, like the Criminal Justice Act 1960, the Transfer of Sentenced Persons Act 1995 and the Transfer of Execution of Sentences Act 2005. I know the Minister of State’s officials are aware I have made this argument before, but it makes it exceedingly difficult for anyone to read the Bill when 17 or more sections are amendments of sections of previous Bills. I very much favour the use of consolidated legislation when dealing with progressive legislative instruments like this that amend a number of pieces of legislation or bring them together. I welcome the moves. They are positive, as has been said by my colleague, and are overdue. We could do it in a way that would take, for example, section 4 of the Act of 1960, repeal it and pass a new consolidated section so there is no doubt about what the provisions in the law are.

Like my colleague, I do not propose to delay the Minister of State in this. There is much in this and I have one or two questions but it is important for us to acknowledge the value of legislation like this. From the outside looking in, one could easily say it is good enough for them, and if they are sentenced to time, let them do the time and suffer the consequences. That is an uncharitable view. There is also a view abroad that prison is easy or somehow a holiday camp. One hears people saying that but it is not. The Minister of State and I in our professional lives have been inside prisons. They are unpleasant, nasty places to spend any length of time. For someone who is hundreds or thousands of miles from home, support networks and family, they are more difficult. We would reasonably say an Irish person detained in a prison in Romania, Poland or wherever it might be without access to family networks should be allowed to serve the balance of their sentence here, close to their support networks. We would see that for an Irish person and it is easy to see why that should apply equally to a Polish or Romanian person who wanted to serve the balance of their sentence there. There is a humanitarian aspect to this legislation that is easily overlooked and I welcome it.

I note what the Minister of State said about the frustration post Brexit with the transfer of sentences between Ireland and the UK. There are important provisions in the legislation. The question I have may not be answerable today. The provisions that allow the State essentially to transfer a sentence to another state without that state’s consent or the prisoner’s consent are relatively easy to operate in the European Union in circumstances where the framework, as amended, applies. There is an obligation under European law for another European Union state to take that prisoner. Where that second or third country is outside the European Union, such as the United Kingdom, how do we enforce that transfer if it is against the will of the other state? I presume it is in the same vein as a deportation or something like that but where the receiving state takes on a greater responsibility than in the case of a deportation, are there mechanisms in place to facilitate that where there is not agreement or co-operation? I can think of plenty of examples of foreign nationals serving sentences here whose home countries would not be delighted to see them coming back under a scheme like this. If they were to resist that transfer, would that cause a problem?This legislation is overdue. It is welcome and progressive and puts us in line with our European colleagues in an appropriate way. I welcome the legislation and look forward to its passage through the House.