Éamon Ó Cuív (Galway West, Fianna Fail)
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71. To ask the Minister for Justice and Equality when the review of the legislation governing the transfer of sentenced prisoners from abroad was initially instigated; when it is expected to have it concluded; the reason for the delay with the review; the number of applications for transfer from prisons abroad to prisons here held up pending this review; and if she will make a statement on the matter. [2366/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to my reply to Question 60 of 10 November, 2016 which I have reiterated below for convenience.

This review is ongoing since the judgement in July, 2016 and as I have stated below it is not possible to indicate a time frame for its conclusion. The Irish Prison Service have informed me that there are currently 31 active cases on hold in relation to the transfer of sentenced persons, of which four cases relate to indeterminate sentences in the UK for public protection.

Reply of 10 November 2016

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.