Written answers

Tuesday, 8 November 2022

Department of Justice and Equality

Prison Service

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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899. To ask the Tánaiste and Minister for Justice and Equality the number of persons (details supplied) who have been repatriated from Ireland to locations around the world for the past five years; the countries to which they were repatriated, in tabular form; and if she will make a statement on the matter. [55578/22]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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901. To ask the Tánaiste and Minister for Justice and Equality the number of persons (details supplied) who have been repatriated from locations around the world to Ireland for the past five years; the countries from which they were repatriated, in tabular form; and if she will make a statement on the matter. [55611/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 899 and 901 together.

As the Deputy may be aware, the 1983 Convention on the Transfer of Sentenced Persons provides the current mechanism through which a person may seek a transfer of their prison sentence to or from Ireland. The legislative basis for the operation of the Convention between Ireland and other parties to the Convention has been transposed into national law in the Transfer of Sentenced Persons Acts, 1995 and 1997. The Convention is open to States outside Europe and the Government supports the Council of Europe policy of encouraging states to ratify and operate the Convention. 

The Transfer of Sentenced Persons Acts, 1995 and 1997 provides that a person may apply to the Minister for a transfer, and the Minister may grant such an application where:

(a) the person is regarded by the other state as a national of that State for the purposes of the Convention

(b) that the order under which the sentence concerned was imposed on the sentenced person is final

(c) there is at least six months’ left to serve

(d) the person consents

(e) the conduct constituting the offence would be a crime in the other state

(f) the other state agrees.

However, other factors may be considered by the Minister and it should be noted that even where all of the conditions are satisfied, a State is not obliged to comply with a transfer request.

The transfer process is administered on my behalf by the Irish Prison Service.

I have been informed by my officials in the Prison Service that since 2018 there have been a total of 66 outward transfer applications and 17 prisoners have transferred out of this jurisdiction since 2018. Table 1 provides a breakdown of the number of prisoners transferred to date by jurisdiction and by year of transfer.

There are various reasons why an application may be refused or not completed, including that the application does not meet the criteria, the application is withdrawn, or is refused due to reduction in sentence arising from difference in the application of remission rates in the receiving State. 

Table 1 - Outward Transfers Completed

- 2018 2019 2020 2021 2022 Total
UK 3 - 4 3 1 11
Sweden - - - - - 2
Netherlands 1 - 1 - - 2
Germany - - - - 1 1
Romania - - - 3 - 3
Total 4 0 5 6 2 17

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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900. To ask the Tánaiste and Minister for Justice and Equality when the prison chaplain reports for 2021 will be published; the reason for the delay with this; and if she will make a statement on the matter. [55605/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The professional Chaplaincy Service work as part of the prison multi-disciplinary team reporting to the Governor. Chaplains have a crucial supporting role in prison life by providing pastoral and spiritual care to the entire prison community and seeks to meet the needs of prisoners of all denominations and none. 

Each Chaplain is required under Rule 119(1) of the Prison Rules to submit a report to the Director General and to the Governor on matters relating to the provision of chaplaincy services in the preceding year.

I can advise the Deputy that it is normal practice that the chaplaincy reports are published together once all are finalised. 

I am also advised by the Prison Service that arrangements are being made to publish the full suite of Chaplains' reports for 2021 on the Irish Prison Service website, www.irishprisons.ie, in the fourth quarter of 2022.

As the Deputy will appreciate, I am regularly briefed by officials on a range of matters relating to the operation of the Prison Service and the chaplaincy reports will contribute to the ongoing engagement on prisons matters. 

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