Written answers

Thursday, 2 March 2023

Department of Justice and Equality

Prison Service

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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276. To ask the Tánaiste and Minister for Justice and Equality if applications are being accepted from prisoners serving sentences in the UK for transfer to serve the remainder of their sentences in Ireland; if this includes those serving sentences in Northern Ireland; the steps being put in place to speed up these transfers; and if he will make a statement on the matter. [10741/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy is 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 between Ireland and the UK. The legislative basis for these transfers is the Transfer of Sentenced Persons Act 1995 (as amended).

I am advised by officials in the Irish Prison Service, who are the competent body for the administration of the Transfer of Sentenced Persons Acts, that applications from prisoners incarcerated in the United Kingdom, including Northern Ireland are being accepted. My officials are currently considering 13 such applications, (7 from Britain and 6 from NI) in accordance with the provisions of the Acts.

The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 was signed into law on 1 March. Alongside transposing EU Framework Decision 2008/909 in respect of intra-EU prisoner transfers, it also significantly amends the Transfer of Sentenced Persons Acts in respect of transfers under the Convention. When commenced, these amendments will address legal issues arising with inward transfers in particular and will further facilitate the completion of such transfers.

The Deputy will appreciate that applications of this nature are complex and require legal assessment on a case-by-case basis. All such requests are decided upon following preparation of reports from several agencies, and require the consent of all three parties (the person, the sentencing state and the administering state) to proceed. The Convention does not confer an automatic right to transfer, nor does it impose an obligation on either state to agree to a transfer request.

I am assured that the applications are receiving the necessary attention and are being progressed as quickly as possible.

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