Written answers

Tuesday, 22 February 2022

Department of Justice and Equality

Prison Service

Photo of Joe FlahertyJoe Flaherty (Longford-Westmeath, Fianna Fail)
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640. To ask the Tánaiste and Minister for Justice and Equality the status of an application for a transfer by a person (details supplied) under the 1983 Convention on the Transfer of Sentenced Persons; and if she will expedite the application. [9556/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I am advised by officials in the Irish Prison Service that correspondence was received on behalf of the person referred to, for a transfer to a prison in this jurisdiction, under the Council of Europe Convention on the Transfer of Sentenced Persons.

In accordance with the Convention, the collation of documents in respect of all applications must be prepared by the sentencing state and issued to the appropriate receiving state.

On foot of a request from officials in the Irish Prison Service to the sentencing state authorities, the necessary paperwork pursuant to such applications was subsequently received by email on Monday 21 February.

My officials have begun processing the application in accordance with the provisions of the Acts. The Deputy will appreciate that applications of this nature are complex and require legal advice, but I can advise the Deputy that all applications are progressed as quickly as is possible. Furthermore, each application received is dealt with on it's own merits.

All such requests are decided upon following the collation of a number of reports from various agencies setting out the consequences of such a transfer. The consent of all three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.

The Deputy should be aware that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right on any prisoner to be transferred nor does it confer an obligation on any state to comply with a transfer request.

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