Arthur Morgan (Louth, Sinn Fein)
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Question 120: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in cases of prisoner repatriation to this State, are the remission rules a prisoner is subject to that of the sentencing State or remission regime of this State; if, in cases of life sentence does he consider the remission regime or release criteria applying contemporaneously in the sentencing State or if he is obliged to do so; if, in cases of repatriated life sentence prisoners, does he or must he consult with the sentencing State in relation to the release of the life sentence prisoner; and if he will make a statement on the matter. [14320/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the Deputy that the mechanism for enabling the transfer of sentenced prisoners is the Council of Europe Convention on the Transfer of Sentenced Persons. The legislative basis for the operation of the Convention in Ireland is the Transfer of Sentenced Persons Acts, 1995 and 1997. The sentences of prisoners transferring into Ireland under the Convention are administered under the "continued enforcement" procedure in accordance with Article 10 of the Convention. Article 6.2b of the Convention provides that the sentencing state shall furnish, to the administering state, a statement indicating how much of the sentence has already been served, including information on any pretrial detention, remission, and any other factor relevant to the enforcement of the sentence. My Department will take the relevant information provided by the sentencing state (including remission already earned) into account when determining the sentence which will be applicable in this jurisdiction if a transfer proceeds. I should add that prisoners are fully informed, in writing, of the consequences on the enforcement of their sentence when their formal consent to the transfer is being sought. Article 9.3 of the Convention provides that the enforcement of the sentence upon transfer, shall be governed by the law of the administering state (i.e. the receiving state). There is no obligation on the Minister to consult with the sentencing state regarding the administration of the sentence. Article 15 of the Convention does provide that the administering state shall furnish information concerning enforcement of the sentence to the sentencing state in certain circumstances, including when it considers enforcement of the sentence to have been completed or if the sentencing state requests a special report.