Written answers
Tuesday, 7 July 2009
Department of Justice, Equality and Law Reform
Prisoner Transfers
12:00 pm
Joe Costello (Dublin Central, Labour)
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Question 347: To ask the Minister for Justice, Equality and Law Reform if he will facilitate the repatriation of a person (details supplied) to a prison here; and if he will make a statement on the matter. [27365/09]
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 he has not already done so, he should now apply for a transfer via his Prison Governor in the United Kingdom.
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