Bernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform the arrangements in train to repatriate a person (details supplied) in County Kildare; if it is intended to intervene, support or in any way cater for their well-being; if his attention has been drawn to the deterioration in their mental and physical condition; if their current position in terms of responsibility is with his Department or the Department of Health and Children; if their rights as an Irish citizen are or have been fully observed to date; if the duty of care to which they are entitled to has been fully discharged by the relevant authorities; and if he will make a statement on the matter. [39118/08]

Dermot Ahern (Louth, Fianna Fail)
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The 1983 Council of Europe Convention on the Transfer of Sentenced Persons provides a mechanism whereby prisoners can be repatriated to their home state in order to serve prison sentences they have incurred abroad. The Convention is provided for in legislation in this State by virtue of the Transfer of Sentenced Persons Acts, 1995 and 1997 and the process is administered by my Department.

The process requires extensive documentation to be exchanged between the relevant 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.

I wish to advise the Deputy that my Department has not as yet received a formal application for a transfer to Ireland in respect of this person from the United Kingdom authorities. My officials have contacted the UK authorities responsible for such repatriations regarding this matter and they have stated that they have not received an application from the person concerned either. If she has not already done so, she should now apply for a transfer via her Prison Governor in the United Kingdom.

I would also like to inform the Deputy that officials of my Department have brought this matter to the attention of their colleagues in the Department of Foreign Affairs. The Department of Foreign Affairs have indicated that the person concerned has not sought consular assistance from them. However, the matter has now been brought to the attention of our Embassy in the UK who will make further inquiries.