Joe Costello (Dublin Central, Labour)
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Question 1182: To ask the Minister for Justice, Equality and Law Reform if he will reply to an e-mail from a person (details supplied); and if he will make a statement on the matter. [1442/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy has made four separate applications for transfer to a prison in this jurisdiction under the Council of Europe Convention on the Transfer of Sentenced Persons, all of which have been refused after careful consideration. In refusing the person's latest application for transfer, I believed that, on balance, he had closer ties to places other than this jurisdiction. In particular, I was not satisfied that he would normally be resident in this jurisdiction, were it not for his imprisonment. In addition, I was of the opinion that he does not have sufficient family support residing in this jurisdiction.

The person referred to by the Deputy has been notified of the reasons for refusal of his applications. It is not the practice of my Department to comment, or to respond to members of the public, on matters which are personal to individual prisoners.

The Council of Europe Convention on the Transfer of Sentenced Persons 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. This is clearly set out in the Explanatory Report to the Convention.