Written answers

Wednesday, 26 July 2017

Department of Justice and Equality

Prisoner Transfers

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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542. To ask the Tánaiste and Minister for Justice and Equality his views on re-establishing the repatriation of prisoners; his plans to bring forward legislation on same; if so, when he expects such legislation to come before the Houses of the Oireachtas; and if he will make a statement on the matter. [36014/17]

Photo of Charles FlanaganCharles 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 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 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.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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543. To ask the Tánaiste and Minister for Justice and Equality the number of requests from prisoners abroad to repatriate. [36015/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I have been advised by the Irish Prison Service that there are currently 33 applications from prisoners in other jurisdictions who wish to transfer to this country to serve the remainder of their sentence, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997.

The practical effect and implications of the Supreme Court judgement on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty vThe Governor of Portlaoise Prison judgement, are being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.

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