Noel Maguire, Prison Update -- Stormont Watch

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Date Posted: Sun, Oct 14 2007, 16:39:37 PDT
Author: IPSC London-Question in D�il
Subject: Noel Maguire, Prison Update

Date: Wed, 10 Oct 2007 15:26:00 +0100
Subject: Fw: Noel Maguire

A chairde,

Here is the reply to the Parliamentary Question I raised. Unfortunately,
as you can see, the Minister is using his "discretion" to continue to
refuse a transfer for Noel, rather than to make the humane choice.

I will continue raising this issue on your behalf.

Aengus �Snodaigh, TD

166. Deputy Martin Ferris asked the Minister for Justice, Equality and Law

Reform if he has received correspondence in relation to a person (details

supplied); and the reason they were denied repatriation. [22511/07]

(Noel Maguire who is currently serving a sentence in HMP Full Sutton, York

England. Given that his wife and two children whom he has not seen for

seven years live in County Carlow and given that his two codefendants were

repatriated more than 18 months ago.)

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The

person referred to by the Deputy has made four separate applications for

transfer to a prison in this jurisdiction under the Council of Europe

Convention on the Transfer of Sentenced Persons, all of which have been

refused after careful consideration. In refusing the person's latest

application for transfer, I believed that, on balance, he had closer ties

to the United Kingdom than to this jurisdiction. In particular, I was not

satisfied that he would not normally be resident in this jurisdiction, were

it not for his imprisonment. In addition, I was of the opinion that he

does not have sufficient family support residing in this jurisdiction.

The Council of Europe Convention on the Transfer of Sentenced Persons

does not confer an automatic right on any prisoner to be transferred nor

does it confer an obligation on any state to comply with a transfer

request. This is clearly set out in the Explanatory Report to the

Convention.

Fri, 5 Oct 2007 16:21:19 +0100
Subject: Noel Maguire

Seamus, A chara,
I have tabled parliamentary questions for reply by the minister next week
and I will forward them on to you when I receive the reply, attatched find a
copy of a letter sent this week by our Presdient Gerry Adams to the
minister. Hopefully it will lead to progress for Noel and his family.
Thank you again for getting me the additional information, as it allowed me
to put a fuller case.
Is mise le meas
Aengus

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Replies:

Adams to Minister -- Letter, Sun, Oct 14 2007, 17:09:54 PDT