Bernard Durkan (Kildare North, Fine Gael)
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Question 304: To ask the Minister for Justice, Equality and Law Reform the position in regard to the repatriation and treatment in the case of a person (details supplied); if an effort has been made to establish contact with the person or their family here to offer assistance or protection, legal, medical or psychiatric advice; if an effort has been made to ascertain the extent to which they have been treated in accordance with their constitutional rights as an Irish citizen; and if he will make a statement on the matter. [44009/08]

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 if an application is to be fully considered. A three-way consent is also required to enable any transfer to take place — from the authorities of both jurisdictions and from the person concerned. On receipt of those consents, assuming they are forthcoming, an application must be made to the High Court for a warrant authorising the transfer of the person concerned and their continued detention here. As advised in previous answers, my Department has not 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 apply for a transfer via her prison governor in the United Kingdom.

I would also like to inform the Deputy that officials from my Department have brought this matter to the attention of their colleagues in the Department of Foreign Affairs. The Department of Foreign Affairs has indicated that the person concerned has not sought consular assistance from it. In relation to the treatment of this individual, I am informed by the Department of Health and Children that operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall Vote. The Executive, therefore, is the appropriate body to consider the particular case raised by the Deputy. My Department has asked the Department of Health and Children to request the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.