Pat Carey (Dublin North West, Fianna Fail)
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Question 441: To ask the Minister for Justice, Equality and Law Reform if his Department has explored the concept of "spend and save" in the area of repatriation; if he will consider the possibility of entering into a bilateral agreement with some countries as outlined (details supplied); and if he will make a statement on the matter. [4962/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Transfer of Sentenced Persons Act 1995 and 1997 is the legislative basis for enabling the repatriation of prisoners to Ireland. While the Act was intended, in the main, to allow for the operation of the Council of Europe Convention on the Transfer of Sentenced Persons, it also provides under section 2 of the Act for the repatriation of prisoners from or to a state which is not a party to the convention but with which Ireland has a bilateral agreement for such transfers.

The United Kingdom adopted the "spend and save" policy on prisoner repatriation owing to the high numbers of British citizens requiring consular assistance as a result of being imprisoned in foreign countries. The provision of consular services to Irish citizens abroad is a matter solely for my colleague, the Minister for Foreign Affairs. I understand, however, that the problem facing the UK authorities does not exist to any great extent in regard to Irish nationals abroad.

The Council of Europe Convention applies to most countries where Irish nationals have been imprisoned. There are significant costs involved in repatriating prisoners to Ireland to complete their sentences here. A bilateral agreement to allow for the transfer of prisoners to and from another state is put in place primarily for humanitarian and rehabilitative reasons.

While Ireland has as yet no bilateral agreements in place, several states have expressed an interest in negotiating an agreement. Proposals for the conclusion of a bilateral agreement between Cuba and Ireland are expected to be forwarded to the Cuban authorities soon and that agreement will form the basis for further such agreements between other states which are interested in putting in place such arrangements.