Written answers

Wednesday, 26 April 2006

Department of Justice, Equality and Law Reform

Prisoner Transfers

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 228: To ask the Minister for Justice, Equality and Law Reform the number of requests for repatriation which have been received each year for the past ten years; the number which have been granted; and if he will make a statement on the matter. [15632/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the Deputy that information and statistics relating to applications under the Transfer of Sentenced Persons Acts 1995 and 1997 are contained in the annual reports by the Minister for Justice, Equality and Law Reform to the Houses of the Oireachtas on the operation of the Acts. I expect to lay the annual report for 2005 before the Houses of the Oireachtas in the coming days. The last three annual reports are also available on my Department's website — www.justice.ie.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 229: To ask the Minister for Justice, Equality and Law Reform the reason for the delay in processing an application for repatriation from a person (details supplied), particularly since all required documentation has been with his Department since September 2005; and if he will make a statement on the matter. [15633/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I can confirm that my Department received the formal application for transfer of the person concerned from the United Kingdom authorities in September 2005. Various reports were then sought and received by my Department from bodies in this jurisdiction. The application was reviewed by the State's legal officers in order to ensure that the requirements of the Council of Europe Convention on the Transfer of Sentenced Persons and the Transfer of Sentenced Persons Acts 1995 and 1997 were satisfied. Having received their advices in the matter, my Department has requested and is awaiting further supporting documentation from the UK authorities on this application.

It should be noted that 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 are forthcoming, an application must be made to the High Court for a warrant authorising the transfer of the person concerned and his or her continued detention here.

These procedures are required under the Transfer of Sentenced Persons Acts and must be adhered to in processing each application. Upon receipt of the documentation from the UK authorities and a review of same by the State's legal officers, I would expect to be in a position to make a decision on this application. I can assure the Deputy that every effort will be made to complete this process as quickly as possible.

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