Michael McDowell (Dublin South East, Progressive Democrats)

In an ideal world we would love if every country had a European arrest warrant which dealt with the Irish declaration that was made at the time the framework decision was adoption unanimously by the European Council, but Ireland was on its own in regard to this matter. We were the only country which made a declaration at the time we were taking this provision as not applying to extradition effectively for the purpose of an arrest for inquiry in other countries.

We had to defend our corner in Europe on that occasion and we did so with some difficulty. The view at the time was that all member states should have a single approach to this matter. There was strong pressure in Ireland not to have such a declaration. I agree with Deputy Costello that if all member states thought the way the Irish do and they all adopted the same approach to this matter as we do, it would probably be recited in every standard form European arrest warrant that this was the situation. However, these arrest warrants are issued and addressed not simply to Ireland but to all member states of the European Union. We are not in a position to require our fellow member states to adapt common forms and to insert paragraphs which have no relevance to the demands they make of each other to satisfy a particular position which Ireland adopted at that time.

We have to deal with this matter in our own law and not rely on the form of the warrant to set out that provision. This is the factual position. I agree with the Deputy that it is slightly less satisfactory than it would be if other member states agreed with our position, but none of them agreed with us at the time. We were on our own on this issue. Therefore, this is how we have to deal with the matter.

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