Letter to TD's

Dear Elected Representative of the 30th Dail Eireann 

 We would respectfully draw your attention to the case of Noel Maguire.  Noel has been refused repatriation (the ability to be repatriated to the country of your citizenship to serve a prison sentence on humanitarian grounds as laid down by the European Directive) on a number of occasions. He has been fighting to be returned home for over 5 years; all his co-accused have being repatriated to Ireland.  On 23 October the Prisons and Probation Policy Division Department wrote to Noel Maguire informing him that his application for transfer was refused to this jurisdiction under the Council of Europe Convention on the Transfer of Sentenced Prisoners. The letter stated that refusal was based on the belief that the prisoner had “closer ties to the United Kingdom than the Irsh jurisdiction.” 

Following is Noel Maguire’s reply regarding this refusal:  

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 - or 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. A copy of her letter is 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 nine 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 mention the cost involved traveling and staying overnight in another country.

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

Can you please explain why my wife, son and daughter are not considered to be my next of kin?  

 Also can you 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 am the  bearer of an Irish republic passport which is still valid.

I look forward to your reply. 

Yours sincerely 

NOEL MAGUIRE 

We are a group of individuals who have come together to help Noel. Although we are from various political persuasions, we have one thing in common - that being our fervent belief that Noel Maguire must be repatriated as is his right as an Irish Citizen, for the sake of humanity and compassion - if not for Noel, then for his children, who have not seen him in 9 years. 

The lack of compassion shown by the Minister responsible in refusing Noel’s request to be closer to his immediate Kith and Kin, his wife and 2 children, is disconcerting and very cavalier. For a Minister elected to look out for the well-being of all Irish citizens, in this case he has abandoned the opportunity to reunite a family and allow them some chance at rebuilding their lives - which is the purpose of the European Repatriation directive.  

Noel should be repatriated on the following grounds:

He is an Irish citizen and holds a current Irish passport, issued in Dublin.

 He easily qualifies for repatriation under the European directive, which allows prisoners to be moved back to their own country to serve their sentence closer to their family for purely humanitarian reasons. 

There was an attempt to murder Noel in 2006 in which he received serious knife wounds. If left alone and isolated his life would be constantly under threat! His physical and mental well-being is in jeopardy if the Irish Government refuses him the right to be brought home to serve his sentence in an Irish jail.  

 He has not seen his children in 9 years.

 We ask that you intervene on Noel Maguire’s behalf and show compassion for a family that has been torn apart and separated for over nine years. The Council of Europe Convention on the Transfer of Sentenced Prisoners created this article on purely humanitarian grounds. As Noel Maguire epitomizes everything this Convention was thinking of, he should have the chance to be reunited with his children.

 Is mise le meas,

 Friends of Noel Maguire

 http://friendsofnoelmaguire.webnode.com/