Michael McDowell (Dublin South East, Progressive Democrats)

This amendment is unnecessary as it is already clear from sections 5 (i) and 6 (i) that the Bill deals with two distinct categories of sentence, namely, those imposed in the State and those imposed in other designated states. Section 5 deals with cases in which a person has been sentenced in this country but has fled and is now in his or her state of nationality. In that case the Minister can request the state of nationality to enforce the Irish sentence.

Section 6 deals with cases in which an Irish person has been sentenced abroad and has fled back to Ireland without having served the sentence. In that case the authorities in the sentencing state can request the Minister to arrange to have the sentence enforced here. Section 6 provides for the receipt of such requests.

Sections 5 and 6 are clear on this point. The amendment as drafted could lead to some difficulty because it refers to sentences imposed outside the State. That, however, is too wide. The Bill is concerned only with sentences imposed in other designated states and section 4 outlines the process by which states are designated.

While I understand the amendment is intended to be helpful, sections 5 and 6 make it redundant and for technical reasons it could disimprove the situation by referring to sentences imposed outside the State in countries other than those designated.

See this speech in context