§ Mr. MaddenTo ask the Secretary of State for the Home Department when he intends to take decisions on application by detained Irish nationals to be repatriated to prisons in the Irish Republic; and if he will make a statement. [2427]
§ Miss WiddecombeThe Council of Europe convention on the transfer of sentenced persons came into effect for the Republic of Ireland on 1 November 1995.
Under the convention, both jurisdictions, as well as the prisoner concerned, are required to consent to repatriation before any transfer can take place. Requests will be determined on their individual merits as and when information is available to all parties to enable informed decisions on consent to be made.
§ Mr. MaddenTo ask the Secretary of State for the Home Department (1) if those British citizens detained in prisons overseas who were received by the United Kingdom in the last five years, including those returned from America, were subject to remission and parole policies prevailing in the United Kingdom; [2429]
(2) how many British citizens detained in prison overseas who have applied to be repatriated to prisons in the United Kingdom have had their applications refused over the last five years to date; and if he will list the countries from which the applications were made. [2426]
458W
§ Miss WiddecombeRepatriation requires the consent of both jurisdictions and the prisoner concerned. Information is held only in cases where the United Kingdom withholds consent. In the last five years, one prisoner, a British national imprisoned in Canada, has been refused repatriation.
Under the terms of the Repatriation of Prisoners Act 1984 and the international agreements entered into by the United Kingdom for the repatriation of prisoners, the United Kingdom is responsible for administering the balance of a prisoner's sentence remaining to be served at the date of transfer. Repatriated prisoners are considered for release under the same rules which apply to other prisoners convicted here.
§ Mr. MaddenTo ask the Secretary of State for the Home Department when he intends to take a decision on the transfer on compassionate grounds of Patrick Kelly and Michael O'Brien to prisons in Northern Ireland; and if he will make a statement. [2428]
§ Miss WiddecombeThe requests for transfer to Northern Ireland made by Patrick Kelly and Michael O'Brien were refused on 26 September. Their requests did not meet the criteria for transfer. They had no known links with Northern ireland and they were not previously resident there before their present convictions.
Their requests for transfer were, none the less, considered on an exceptional basis. It was not considered that sufficient compelling or compassionate grounds existed for allowing the transfers exceptionally.
Patrick Kelly has submitted fresh evidence in support of his request for transfer to Northern Ireland. This is currently under consideration. Mr. Kelly will be advised as soon as a decision has been made.