Government sources have said "every effort" will be made to get another batch of republican prisoners returned to Ireland before Christmas following the signing today by the President, Mrs McAleese, of the Act allowing for their transfer.
The Minister for Justice, Mr O'Donoghue, is expected to formally tell the British Home Secretary, Mr Jack Straw, that he will not apply to the Irish courts to have their sentences reduced when the prisoners have been returned. In an amendment to the Transfer of Sentenced Prisoners' (Amendment) Bill, repatriated prisoners must serve the tariff passed in Britain.
The Sinn Fein TD, Mr Caoimhghin O Caolain, opposing the Bill, said the measures were greeted "with incredulity" by prisoners in Britain.
"While this Bill is designed to facilitate repatriation, there is grave concern among prisoners and their families at the requirement of the Irish authorities to implement in full, in this jurisdiction, the savage sentences imposed on prisoners in England," Mr O Caolain said.
Even though the Minister will not seek to vary the tariffs (recommended length of sentence) imposed in Britain, repatriated prisoners will still be able to apply to the courts to have their sentences reviewed and the courts will maintain jurisdiction in this matter.
Government sources last night said they hoped six prisoners would shortly be returned to Ireland under the new law.
Acknowledging the Minister's "good intent", Mr O Caolain said the legislation "is a flawed proposition". Earlier this month , four prisoners had begun their 23rd year in prison in England. At present they do not qualify for repatriation became they never received a tariff, or finite sentence. However, if the tariff is given, they face the prospect of "many more years in prison when repatriated to this jurisdiction".
Meanwhile, the more generous terms for parole which exist in Britain would not apply in Ireland.
Mr Pat Upton, Labour's spokesman on justice, said that while the legislation was welcome as part of a confidence-building measure in the peace process, the Minister should outline the care he has taken to ensure the Bill is within the terms of the Constitution.