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Question

107. Deputy Paul Kehoe asked the Minister for Justice and Equality the position regarding the implementation of a process (details supplied); and if he will make a statement on the matter. [11403/19]

Answer

Minister for Justice and Equality (Deputy Charles Flanagan): As the Deputy will be aware, the Transfer of Sentenced Persons Acts 1995 to 1997 give effect to the Convention on the Transfer of Sentenced Persons 1983.  The Deputy will also be aware that there have been a number of recent Court judgements which have implications for transferring prisoners from other States to Ireland.  These judgements raised a number of complex issues about the legislation and its administration, indicating that legislative change is required.
A further judgement in 2018 of the Court of Appeal has a bearing on those applications that were on hold as a result of the complex issues raised by the Supreme Court decision.  The outcome is that the statutory scheme provided for in the Transfer of Sentenced Persons Acts must be implemented, and each transfer application must be considered on its own merits under the existing legislation. All relevant applicants have been informed of this and will be further informed of any developments in their respective cases as they arise. 
My Department prepared the General Scheme of a Bill to respond to the judgements.  The General Scheme was approved by Government and has been forwarded to the Office of Parliamentary Counsel for drafting.