Pat Carey (Dublin North West, Fianna Fail)
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Question 420: To ask the Minister for Justice, Equality and Law Reform if there are circumstances which would warrant a review of his decision in relation to an application by a person, details supplied, to be repatriated here to serve the remainder of his prison sentence; and if he will make a statement on the matter. [23294/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The primary purpose of the Council of Europe Convention on the Transfer of Sentenced Persons is to facilitate the repatriation to their home country of persons, who, were it not for their imprisonment in another jurisdiction, would ordinarily be resident there. Having considered the matter carefully, I was satisfied that the person concerned would not normally be resident in this jurisdiction were it not for his imprisonment in the United Kingdom and, as such, I was not prepared to consent to his transfer to a prison in this country at this time. The individual concerned has recently appealed the decision and I expect to make a decision on his appeal, taking into account all the information received in the case, in the near future.

It should be noted that the convention does not confer an automatic right on any prisoner to be transferred, nor does it confer an obligation on any state to comply with a transfer request.