Legislation required to break prisoner transfer deadlock
The Department of Justice has confirmed that new legislation will be necessary to break a deadlock on prisoner transfer applications caused by a Supreme Court ruling in 2016.
Transfer applications to Ireland from prisoners abroad have been on hold since the Supreme Court upheld the High Court’s 2014 ruling against the Government in O’Farrell, Rafferty and McDonald.
The court ruled that the three men could not continue to be detained in Ireland following their transfer from the UK because of differences between the UK and Ireland’s sentencing regimes.
There are 29 Irish prisoners abroad who are waiting to have their applications processed, The Irish Times reports, with 21 of those prisoners currently in prisons in the UK, including Northern Ireland.
A spokesperson for the Department of Justice said: “Work is under way on drafting that amendment, and the Minister will bring a proposal to Government as soon as possible.
“The department is advised by the Irish Prison Service that all the applicants and officials in the appropriate sentencing states have been informed of the situation.”