James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 4:

In page 46, between lines 11 and 12, to insert the following: "Declaration of state to be Member State

58.The Minister may, by order, made following consultation with the Minister for Foreign Affairs, declare a state, other than a state referred to in paragraph (a)or (b)of the definition of "Member State" in section 2(1), to be a Member State for the purposes of paragraph (c)of that definition, where he or she is satisfied that the state has, by agreement concluded by the state with the European Union, agreed to implement and apply—

(a) the Framework Decision, or

(b) an act or measure taken by the European Union amending or building upon the Framework Decision.".

As I referred to earlier on amendments Nos. 1 and 2, this new section has been added to allow for the possibility of non-EU member states adopting the framework decision and being included. The Bill currently applies to all EU member states and, of course, Schengen associated non-EU member states, namely, Liechtenstein, Norway, Iceland and Switzerland.

Amendment No. 4 will allow the Minister for Justice, in consultation with the Minister for Foreign Affairs, to declare a state, not already covered by section 2, a member state for the purposes of this legislation under the condition that such an agreement has been reached by the said state and the European Union. A similar designation provision was added to the Criminal Justice (Smuggling of Persons) Bill to achieve a similar purpose. It is a preference of the Attorney General’s office to exercise this designation power and to still explicitly include the existing Schengen-related non-EU member states rather than designating them by means of a statutory instrument.