Olivia Mitchell (Dublin South, Fine Gael)
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Question 95: To ask the Minister for Justice, Equality and Law Reform his plans to repatriate non-Irish citizens to serve out their sentences in their home country; and if he will make a statement on the matter. [40336/09]

Dermot Ahern (Louth, Fianna Fail)
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The Transfer of Sentenced Persons Acts, 1995 and 1997 provide a mechanism whereby non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries, where those countries are party to the Council of Europe Convention on the Transfer of Sentenced Persons. Similarly, Irish persons who are imprisoned overseas in such countries may apply to serve the remainder of their sentences in Ireland.

The Convention is open to States outside Europe and the Government supports the Council of Europe policy of encouraging states to ratify and operate the Convention. There are over sixty states operating the Convention at present.

The policy of the Convention, which is based on humanitarian considerations, is to overcome the difficulties posed for prisoners serving sentences in foreign jurisdictions, such as absence of contact with relatives and differences in languages and culture. In this regard, it has been long established Government policy that, whenever possible, prisoners should be permitted to serve their sentences close to their families.

All applications for transfer are subject to a three way consent mechanism; that of the applicant, the sentencing state and the receiving state.

It should be noted, however, that, even where all of the conditions are satisfied, there is no obligation on a State to comply with a transfer request.