Joe Costello (Dublin Central, Labour)
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Question 115: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will respond to correspondence (details supplied); and if he will make a statement on the matter. [12167/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to confirm that my Department has recently received the formal transfer application and supporting documentation from the United Kingdom authorities in respect of the person referred to by the Deputy.

The matter has been referred to the State's Legal Officers in line with all such applications and their advices are currently awaited.

The Council of Europe 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, i.e., 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. A letter to this individual advising of the position with the application issued from my Department on 26 February, 2007.