Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Section 12 requires the Garda Síochána to forward a complaint received about an offence that has occurred in another member state to that member state as soon as is practicable. There is an exception in circumstances where the Garda has the power to prosecute the offence in the State and intends to institute proceedings.

Amendment No. 71 is a technical amendment to change the words “institute proceedings” to "exercise that jurisdiction" to ensure that the gardaí can investigate the offence before deciding whether or not to institute proceedings.

I see what the Deputy is doing in amendment No. 70. He wants to extend the scope of section 12 which requires the Garda Síochána to forward a complaint received about an offence that occurred in another member state to any person who makes a complaint in this State rather than just residents of the State. I should note that section 12 is not concerned with a person's residency status within the State but simply whether a person is resident or not. The amendment goes further than is required by the directive but I do not have any problem accepting it.