Éamon Ó Cuív (Galway West, Fianna Fail)
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60. To ask the Minister for Justice and Equality the progress made to date with the review of the legislation underpinning the transfer of Irish prisoners from abroad to here; when this review will be completed; the priority being given to ensure that Irish persons sentenced abroad can serve their sentences here; when it is expected to have amending legislation enacted; and if she will make a statement on the matter. [34189/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that on 12 July, 2016, the Supreme Court dismissed the State's appeal 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 judgement 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 judgement is detailed 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 judgement 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. Given the complex nature of the review being undertaken, it is not possible at this stage to indicate a time frame for its conclusion.