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Concern over compulsory transfer of prisoners

By Sarah Mac Donald - 20 February, 2014

Fr Gerry McFlynn of teh ICPO.

Fr Gerry McFlynn of the ICPO.

The Irish Council for Prisoners Overseas has welcomed the decision by the Government not to compulsorily transfer Irish prisoners from the UK back to Ireland.

In a statement on Wednesday, the ICPO said it supported the Irish and British Governments’ decision to continue to require consent before prisoners are transferred from the UK to Ireland, or Ireland to the UK.

“Whether it is suitable for an Irish prisoner to be transferred to serve their sentence in Ireland depends on each individual case,” Fr Gerry McFlynn, Manager of the ICPO London office, warned.

He explained that some Irish prisoners in the UK wish to serve the remainder of their sentence in Ireland so they can be closer to family and friends.  

However, many others who have lived in the UK for most of their lives, might not wish to be transferred to Ireland.

“The ICPO welcomes and supports the fact that this has been recognised by the two governments in their decision not to compulsorily transfer prisoners between Ireland and the UK,” Fr McFlynn said.

EU legislation which will allow for the transfer of prisoners without their consent is expected to be implemented by member states by the end of 2014.  

The Irish Government intends to bring the EU measure into Irish law this year but in recognition of the unique relationship between the UK and Ireland, and the logistics of the Common Travel Area, prisoners will not be compulsorily transferred between the two jurisdictions.

Joanna Joyce, Coordinator of the ICPO in Ireland, said in a statement on Wednesday, “We work with over 1,000 Irish prisoners in the UK, some of whom want to be transferred to Ireland. The ICPO will continue to provide support to those who wish to be repatriated.”

However, she said this did not apply to all Irish prisoners in the UK.

“A large number of Irish prisoners in the UK are habitually resident there and have all their family and social ties in that country. They would suffer undue hardship if forced to serve the remainder of their sentence in Ireland,” Joanna Joyce explained.

She said it was for this reason that the ICPO fully supported the decision to continue to require prisoner consent for transfers between Ireland and the UK.

The ICPO works on behalf of Irish prisoners overseas to provide information and support to these prisoners and their families. 

Based in the Columba Centre in Maynooth, it was established as a charitable organisation by the Irish Catholic Bishops’ Conference in 1985. 

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