Pat Rabbitte (Dublin South West, Labour)
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Question 274: To ask the Minister for Justice, Equality and Law Reform if he will report on the transfer pursuant to Article 2.2 of the Convention on the Transfer of Sentenced Persons sought by a person (details supplied); the correspondence he has had with the office of the Governor of Massachusetts in connection with processing this request; and if he will make a statement on the matter. [12475/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the House that Article 2.2 of the Council of Europe Convention states that:

a person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of this Convention, in order to serve the sentence imposed on him. To that end, he may express his interest to the sentencing State or to the administering State in being transferred under this Convention.

An expression of interest for transfer to a prison in this country from the person referred to by the Deputy was received in my Department on 23 August, 2004. In line with the convention, my Department wrote to the US Department of Justice on 24 August 2004, requesting that it should commence processing this individual's application. The US Department of Justice is the central contact point in respect of all international prison transfer applications between Ireland and the United States. My Department has had no correspondence with the Office of the Governor of Massachusetts as regards this matter and has not, as yet, received the formal application and supporting documentation from the United States authorities.

The Convention on the Transfer of Sentenced Persons requires extensive documentation to be exchanged between both jurisdictions in order 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.