Noel Coonan (Tipperary North, Fine Gael)
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Question 767: To ask the Minister for Justice, Equality and Law Reform if an application has been received for a person (details supplied) under the repatriation scheme; the status of the application; when he expects the application to be finalised; and if he will make a statement on the matter. [28315/08]

Dermot Ahern (Louth, Fianna Fail)
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I can confirm that my Department received the formal application and supporting documentation from the United Kingdom authorities in March, 2008.

The matter was referred to the State's Legal Officers for advices in line with all such applications and these advices have recently been received. Various reports have been sought and are currently awaited by this Department from bodies in this Jurisdiction.

The Convention and the Transfer of Sentenced Persons Act, 1995, 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. On receipt of the High Court Warrant arrangements are then made for the transfer of the prisoner. Applications for transfer to Ireland can take approximately eighteen months to process.

These procedures are required under the Convention and the Transfer of Sentenced Persons Act, 1995, and must be adhered to in processing each application. I should also advise the Deputy that the Convention does not confer an automatic right on any person to be transferred nor does it impose an obligation on any State to comply with a request for transfer.