Michael McDowell (Dublin South East, Progressive Democrats)

I draw Deputy Ó Snodaigh's attention to the provisions of section 9(2)(f) of the Bill. The High Court is given a very significant role with regard to every application to execute a sentence on foot of the terms of this Bill in this State. The High Court is expressly prohibited from ordering that a sentence be served under the circumstances set out in section 9(2)(f). The legislation provides for extensive grounds for the non-execution of a sentence in this State, including situations pertaining to the European arrest warrant. Fundamental rights are fully protected under the legislation and provide guarantees that the High Court cannot allow a sentence to be served in Ireland if the person concerned can resist on human rights grounds his or her return under a European arrest warrant or an alternative extradition request not covered by the legislation. In situations where, on an individual case basis or due to changing circumstances, designated countries slip below a standard of acceptability, the High Court is obliged not to execute or allow a sentence to be executed if there is justification for the non-extradition or non-rendition on a European arrest warrant.

The real question is whether this should be made prospective only. Both Deputies sought safeguards rather than argue for an absolute prospective only rule. These safeguards are contained in section 9 because the High Court has to ask itself the same questions raised by the Deputies, that is, whether extradition should be refused. If it is refused, the court is prohibited from ordering the sentence to be served in Ireland. From a human rights perspective, the situation is covered.

Of the countries which have enacted their European arrest warrant obligations pursuant to the framework decision of the European Union, Ireland is among the most protective of human rights. We have no reason to be ashamed because every possible safeguard has been included. While some authorities in Europe believe we have gone too far, I am happy the European arrest warrant legislation provides for the adequate protection of Irish people. The same standard of protection is provided with regard to requests that a sentence imposed abroad be served in Ireland. The court may not allow for the sentence to be served in Ireland if, in respect of the offence, the country making the request could be properly refused extradition or rendition under the European arrest warrant system.

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