Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, EU Framework Decision 2008/909/JHA on the mutual recognition of custodial sentences establishes the conditions and procedure for the transfer of a custodial sentence between EU member states. This Framework Decision has been implemented in Ireland by the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”). The 2023 Act was signed into law on 1 March 2023 and was commenced on 3 May 2023.

I am advised by my officials in the Irish Prison Service that no application has been received from the named person.

A person wishing to commence a transfer application should first engage with the relevant authorities in the member state in which the sentence was imposed, as their consent is necessary for any application to be progressed. Should that member state agree to consider a transfer, they will then make contact with the Irish authorities and any request received will be considered in accordance with the relevant provisions of the 2023 Act.

I am advised that the processing of an application under this legislation takes time as it requires legal assessment on a case-by-case basis and the detailed exchange of information between various agencies in the two countries. However, every effort is made to progress each application as soon as possible and within the statutory time frame.

If an application is received by the Irish Prison Service, it will commence consideration of that application without delay.

The person the Deputy is inquiring on behalf of may find it helpful to contact the Irish Council for Prisoners Overseas (ICPO). The ICPO provides information and support to prisoners and their families; this includes making representations to relevant parties such as welfare agencies, on behalf of prisoners overseas, on issues such as health. It may also be worth contacting the Consular Team of the Irish Embassy in France to see what support they may be able to provide.