Written answers

Wednesday, 24 September 2008

Department of Justice, Equality and Law Reform

Prisoner Transfers

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 785: To ask the Minister for Justice, Equality and Law Reform if a request by a person (details supplied) in County Kildare will be facilitated; and if he will make a statement on the matter. [29774/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I wish to advise the Deputy that my Department has not as yet received a formal application for a transfer to this country in respect of this person from the United Kingdom authorities. My officials have contacted the UK authorities regarding this matter and they have stated that they have not received an application from the person concerned either. I would advise that the person concerned should apply for a transfer via her Prison Governor in the United Kingdom.

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 their 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.

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