148. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if an application has been received under the Transfer of Prisoners Act 1995 by a person (details supplied); if the application is under active consideration; and if he will make a statement on the matter. [28839/19]
Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by my officials in the Irish Prison Service that an application from the person referred to by the Deputy to transfer to Ireland to serve his sentence here has been received and is under consideration. The application process involves obtaining reports from outside agencies including An Garda Síochána and the Probation Service. My officials in the IPS have confirmed that these reports have been received. I am informed by my officials that they are awaiting the required legal advice from the Chief State Solicitor's Office and the Office of the Attorney General in relation to this application. When received it will be examined by my officials and the application will be processed accordingly.
On foot of the legal advice received it may however, be necessary to make further contact with the sentencing State to seek clarification in relation to the sentence imposed and/or other issues relating to the applicant's conviction. Therefore it is not possible at this time to provide an estimated date for the conclusion of this application.
I wish to advise the Deputy that applications received for a period in 2016 and 2017 were placed 'on hold' following the outcome of the Supreme Court Judgement in the Rafferty et al v Governor of Portlaoise case. The person referred to was made aware of this by way of a letter from the UK authorities in April 2018.
Following the Judgement in the case of McKeon v Minister for Justice and Equality, all applications were reactivated. The administration process was re-activated in May 2018.