Michael McDowell (Dublin South East, Progressive Democrats)

The Act was silent as to which approach in principle was to be adopted by the court, that is, was it dual criminality on the date of commission of the offence or was it dual criminality on the date of the warrant. What we are doing here is fixing that the latter principle is the one the court is to follow. Until now the Act was silent on this issue. One could have two people arguing as to what the Act meant. Under the terms of the statute enacted in 2003, a court could ask for guidance on whether it should take course A or course B. Course B is the more normal and conventional one which will make the system more workable and definite than course A.

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