Joe Costello (Dublin Central, Labour)

It seems there is a contradiction in this section. In the first instance, section 21A(1) provides that the High Court shall refuse to surrender the person if it satisfied that a decision has not been made while subsection (2) contains an in-built presumption that a decision has been made. Surely the way to resolve that would be that the European arrest warrant would include a statement, or be accompanied by a cover note, to the effect that the intention is to prosecute. We are watering down unnecessarily the jurisdiction and process of the High Court by having such a presumption in the legislation and then giving the court powers to refuse to surrender the person if it is satisfied that a decision has not been made. Will the court act on a presumption when it does not know whether a decision has been made? Will it take the request purely on faith? What powers will be given to the High Court in this respect?

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