Éamon Ó Cuív (Galway West, Fianna Fail)
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146. To ask the Tánaiste and Minister for Justice and Equality when it is planned to publish the 2018 report on the Transfer of Sentenced Persons Act 1995; the reason it was not published within the timeframe set out in the Act; and if he will make a statement on the matter. [28837/19]

Charles Flanagan (Laois, Fine Gael)
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Section 11 of the Transfer of Sentenced Persons Act, 1995 requires me to make a report to the Houses of the Oireachtas on the operation of matters within the Act in the preceding year

I have just received the 2018 Annual Report on the operation of the Transfer of Sentenced Persons Acts 1995 & 1997. I appreciate that the timeframe of 4 months after the end of preceding year for laying the report before the Houses has not been met, but I wish to assure the Deputy that the report will now be published and laid before the Houses of the Oireachtas very shortly.

Éamon Ó Cuív (Galway West, Fianna Fail)
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147. To ask the Tánaiste and Minister for Justice and Equality the number of inward applications received for transfer under the Transfer of Sentenced Persons Act 1995 to date; the number of new applications received since 1 January 2018; the number decided since 1 January 2018, by country of application by prisoners; the number being considered by the Office of the Chief State Solicitor; the number that have been returned with advices from the Office of the Chief State Solicitor; and if he will make a statement on the matter. [28838/19]

Charles Flanagan (Laois, Fine Gael)
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I wish to advise the Deputy that since the Act came into operation on 1 November 1995, 552 inward applications have been received up to 2nd July 2019, of which 10 were received in 2018 and a further 6 in 2019. During that period 154 prisoners have transferred here from abroad.

I can further advise the Deputy that since 1 January 2018, I have made decisions on 4 applications to transfer here from the UK and Northern Ireland respectively.  Three of these cases were refused and one was approved.  I am informed by my officials of the Irish Prison Service that in that timeframe, 10 more cases were closed in view of the fact that 9 prisoners were released in their sentencing state and 1 applicant withdrew their application.

The Deputy will appreciate that where a sentenced person is seeking to transfer into this country, legal confirmation is obtained from the State's legal officers that the offence for which the sentence is being served would also constitute an offence under Irish Law.  As at 2 July 2019 there are 30 live cases at various stages of progression with the Irish Prison Service.

The Office of the Chief State's Solicitor's have provided the necessary legal advise to the Irish Prison Service on 17 of these cases and is currently considering the remaining 13 cases.  The Deputy will appreciate that some of these cases refer to years prior to 2018.

Éamon Ó Cuív (Galway West, Fianna Fail)
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148. To ask the Tánaiste and Minister for Justice and Equality if an application has been received under the Transfer of Prisoners Act 1995 by a person (details supplied); if the application is under active consideration; and if he will make a statement on the matter. [28839/19]

Charles Flanagan (Laois, Fine Gael)
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I am advised by my officials in the Irish Prison Service that an application from the person referred to by the Deputy to transfer to Ireland to serve his sentence here has been received and is under consideration.  The application process involves obtaining reports from outside agencies including An Garda Síochána and the Probation Service.  My officials in the IPS have confirmed that these reports have been received.  I am informed by my officials that they are awaiting the required legal advice from the Chief State Solicitor's Office and the Office of the Attorney General in relation to this application. When received it will be examined by my officials and the application will be processed accordingly.

On foot of the legal advice received it may however, be necessary to make further contact with the sentencing State to seek clarification in relation to the sentence imposed and/or other issues relating to the applicant's conviction. Therefore it is not possible at this time to provide an estimated date for the conclusion of this application.

I wish to advise the Deputy that applications received for a period in 2016 and 2017 were placed 'on hold' following the outcome of the Supreme Court Judgement in the Rafferty et al v Governor of Portlaoise case.  The person referred to was made aware of this by way of a letter from the UK authorities in April 2018.

Following the Judgement in the case of McKeon v Minister for Justice and Equality, all applications were reactivated.  The administration process was re-activated in May 2018.