Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
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290. To ask the Tánaiste and Minister for Justice and Equality if Irish citizens imprisoned in Northern Ireland can seek transfer to prisons here in order to be closer to their families; if not, the reason for this situation; the work being undertaken by his department to address issues within the transfer system; and if he will make a statement on the matter. [31265/17]

Charles Flanagan (Laois, Fine Gael)
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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 including Northern Ireland to Ireland. 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 from other States, including Northern Ireland, 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