EIRE: REJECTION OF PRISON TRANSFER REQUEST MEAN-SPIRITED

Following a specious and mean-spirited decision an Irish prisoner in England has had his request for a transfer to a prison in Ireland been rejected once again, for the fifth time.

Noel Maguire, who holds and Irish passport and has two children and a wife living in the Republic of Ireland began the process of applying for prison transfer in 2005. According to EU and Irish law, Irish nationals are entitled to apply for repatriation if they are being held in prisons outside of the Irish state. However, it is at the discretion of the Irish Government if the transfer of the prisoner is accepted or not and currently the responsibility lies with the Irish Minister of Justice Equality and Law Reform, Mr Dermot Ahern.

All of Mr Maguire's co-defendants have now been transferred to prisons in the Republic of Ireland on their application requests and Mr Maguire is the only remaining prisoner to be left in England. Apart from the fact the Mr Maguire is an Irish citizen, one of the main reasons why he requested a prison transfer was to be closer to his family who live in County Carlow, RoI. Both Mr Maguire's children aged 14 and 11 years, live a short distance from Port Laoise Prison, which is where he has asked to be transferred and his wife has agreed to bring them to visit him, if transferred.

Mr Maguire received his notification that his application had been rejected on the 23rd October 2008. The letter read:

«Mr Noel Francis Maguire (FF9197) HMP Whitemoor

Dear Mr Maguire

I am directed by the Minister for Justice, Equality and Law Reform to refer to you recent application on (August 2008) for transfer to Ireland under the Council of Europe Convention on the Transfer of Sentenced Persons.

Having considered your application carefully, the Minister has decided to refuse your application as on balance he believes that you have closer ties to the United Kingdom than to this jurisdiction.

You will be aware that the Convention 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.

Yours sincerely

B Elffe

Assistant Principal Officer Prisons and Probation Policy Division Department of Justice, Equality and Law Reform»

In response, Mr Maguire has written the following letter:

«Mr Dermot Ahern Minister of Justice Equality and Law Reform Montague Court Montague Street Dublin 2 Ireland.

Dear Mr Ahern

Thank you for your letter dated October 23 in reply to my application for repatriation.

I am aware the Council of Europe Convention on the Transfer of Sentenced Prisoners does not confer an automatic right to be transferred - nor an obligation on any state to comply with a transfer request. However what concerns me is the reason you have given to refuse my application.

You state that on balance you believe I have closer ties to the United Kingdom than to an Irish jurisdiction. I would dispute this. How can that be?

I have a wife, and a son and daughter, living in County Carlow in the Irish republic. They are my immediate kith and kin. Although my wife and I are separated she has put in writing she is willing to visit me should I be repatriated to Portlaoise Prison - which is less than an hours journey from Carlow.

A copy of her letter is already in your possession as I write this. If it has been mislaid I can forward a copy.

I have not seen my son and daughter for over six years. My wife - rightly - isn't happy to bring them over to this country and put them through the ordeal of visiting me in prison - not to even mention the costs involved travelling and staying overnight in another country.

I have no family in Britain and my sole visitor is a non-relative.

Can you please explain how you reached the conclusion I have closer ties to the United kingdom than to an Irish jurisdiction - bearing in mind I have no relatives living in the UK whatsoever - and I am the bearer of an Irish republic passport which is still valid.

I look forward to your reply.

Yours sincerely

NOEL MAGUIRE»

At the Celtic League's 2007 AGM a resolution seeking Mr Maguire's prison transfer was unanimously passed. The League has been heavily involved in this particular campaign over the last year and has been working with other League members and supporters in Europe and the USA to highlight Mr Maguire's plight. A website has also been created to inform members of the public of the campaign and to encourage them to get involved (see www.noel-maguire.info). The Celtic League will continue to campaign on behalf of Mr Maguire until his application for transfer is accepted.

Noel Maguire was convicted of taking part in a Real IRA bombing campaign in London in 2001 and is serving a 22 year sentence. Mr Maguire is currently being held in Whitemoor prison, England.

J B Moffatt Director of Information Celtic League 13/11/08