Michael McDowell (Dublin South East, Progressive Democrats)

I do not propose to accept the amendment. This amendment proposes that a warrant for the provisional arrest of a person may be issued by the High Court on the sworn information of, effectively, a superintendent or a more senior officer, rather than an inspector as is currently provided for in the Bill, given with the consent of the Minister, that a request for the person's provisional arrest has been made by the sentencing country.

The current provisions in the Bill providing for provisional arrest are in line with other legislative provisions dealing with provisional arrest such as section 27(1) of the Extradition Act 1965 and section 11 of the International War Crimes Tribunals Act 1998.

For example, section 27 of the Extradition Act 1965 provides that a judge of the High Court may, without a certificate of the Minister, issue a warrant for the arrest of any person on the sworn information of a member of the Garda Síochána not below the rank of inspector, that a request for the provisional arrest of that person has been made.

I am satisfied that a Garda inspector possesses sufficient experience and authority to handle such applications. To meet Deputy Costello's point, however, I draw attention to the added safeguard that before the member of the Garda Síochána, not below the rank of inspector, gives the required sworn information to the court, the Minister must have consented to the application being made to the High Court for a warrant for the person's arrest. In fact, therefore, this is more restrictive than the existing arrangements under the Extradition Act 1965. One would have to have a combination of an inspector or higher officer, plus the Minister, so this kind of thing is not going to be cooked up in the back room of a Garda station somewhere without adequate thought or preparation.

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