Pat Carey (Dublin North West, Fianna Fail)
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Question 370: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if an application for repatriation has been made to his Department in respect of a person (details supplied); and if he will make a statement on the matter. [29193/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can confirm that my Department received a formal application for transfer of the person concerned from the United Kingdom authorities in January, 2005. Having considered the application, I was not satisfied that the person concerned would normally be resident in this jurisdiction, were it not for his imprisonment in the United Kingdom. In addition, I noted that the majority of the person's immediate family reside in the United Kingdom. As such, I was not prepared to consent to the transfer and the person concerned was notified in writing of my decision.

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. 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.