Paul Kehoe (Wexford, Fine Gael)
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90. To ask the Minister for Justice and Equality the meaning that will apply regarding requests under the Council of Europe Convention on the Transfer of Sentenced Prisoners, especially those with applications pending, in view of the Supreme Court decision to dismiss the State's appeal against orders directing the release of three prisoners; and if she will make a statement on the matter. [25031/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy is referring to the judgment by a majority decision of the Supreme Court on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgment of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK, where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts 1995 -1997.

The judgment is detailed and complex and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland and vice versa. The practical effect of this judgment and whether it will necessitate legislative and-or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.

I am further advised by the Irish Prison Service that it is currently dealing with 29 applications from prisoners abroad to serve their sentence in this jurisdiction.