Joe Costello (Dublin Central, Labour)

The Minister referred to the safeguards in section 9 which, however, are not of the order we seek and do not correspond to the point I made on situations where extradition could be refused at present. Circumstances have changed since the political offence exception was abolished but, if we are retrospective in terms of what was an offence but was not activated at the time, the provision in section 2 that the legislation would apply to sentences passed before or after its passing leaves me uncertain as to whether a safeguard exists in this regard. Section 9 appears to concern only those cases in which extradition would be refused at this point in time. I ask the Minister to clarify whether protection exists in these circumstances.

My previous point concerned circumstances arising from the 1965 extradition legislation. Do anomalies exist in the implementation by various countries of the European arrest warrant in terms of retrospection and prospectivity? Is it possible that, because some countries have not made it retrospective, fugitives fleeing from justice cannot be arrested under the warrant? It is being introduced differently in Ireland.

How many countries have ratified and transposed into legislation the European arrest warrant? Are other countries fulfilling their duties by transposing it into legislation or are we ahead of the posse? How many countries have implemented the warrant in their own fashion, which they are entitled to do provided they adhere to its principle? How many anomalies have arisen with regard to this matter?

My main concern is that, contrary to the Minister's assertion, section 9 does not provide protection with regard to the refusal of extradition.

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