Enda Kenny (Mayo, Fine Gael)
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Question 192: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his position in regard to action he has taken in respect of a matter (details supplied); and if he will make a statement on the matter. [37484/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Two of the persons in question presented themselves, with their solicitors, to Garda stations in Dublin. Neither was arrested and both were interviewed on a voluntary basis. The third person was arrested by the Garda Síochána and was subsequently released without charge.

The Garda investigation into matters relating to the persons concerned remains ongoing, and enquiries have been conducted by the Garda Síochána in the other jurisdiction in question. Moreover, following the receipt of papers relating to extradition from the authorities in that jurisdiction, those authorities have been requested, via diplomatic channels, to respond to specific queries. A response is currently awaited.

The Transfer of Execution of Sentences Act 2005 gives effect in Irish law to the 1997 Additional Protocol to the 1983 Council of Europe Convention on the Transfer of Sentenced Persons (in particular, Article 2 of the Protocol) and to the corresponding provisions in Chapter 5 of Title III to the Schengen Convention. In essence, the 2005 Act provides an alternative to extradition in so far as it allows the sentenced person to serve the sentence in his/her 'home' State. The arrangements under the 2005 Act can operate only with states that are Party to the relevant international instruments, and the State from which the persons returned is not at present such a Party.