Tony Gregory (Dublin Central, Independent)
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Question 391: To ask the Minister for Justice, Equality and Law Reform if he has received a request from a person (details supplied) for transfer to a prison in this State; if this matter will be expedited; and if he will make a statement on the matter. [11702/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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My Department has not as yet received a formal application for a transfer to this country in respect of this person from the United States authorities. My Department has written to the United States authorities requesting that they commence processing this application in line with the Council of Europe Convention on the Transfer of Sentenced Persons.

The Convention on the Transfer of Sentenced Persons requires extensive documentation to be exchanged between both jurisdictions to allow an application to be fully considered. A three-way consent is also required to enable any transfer to take place, that is, from the authorities of both jurisdictions and from the person concerned. On receipt of those consents, assuming they will be forthcoming, an application must then be made to the High Court for a warrant authorising the transfer of the person concerned and his continued detention here. These procedures are required under the convention and the Transfer of Sentenced Persons Act 1995 and must be adhered to in processing each application.