Michael McDowell (Dublin South East, Progressive Democrats)

Arising from a discussion that Deputies Ó Snodaigh and Costello participated in, this matter was readdressed. I see the force of the amendments and the reason they were tabled. I must indicate that I prefer the wording prepared by the Parliamentary Counsel to either of the two contending amendments, Nos. 19a or 20. I am grateful to the Deputies for drawing my attention to the omission of a reference to bail in this context. Including it improves the Bill.

The effect of this amendment is to allow the High Court full discretion in how it deals with the remand of a person, which is the intended effects of both Deputies' amendments. As a result of my proposed amendment, the Bill is in line with the provision of section 27(6) of the Extradition Act 1965 as amended by the Extradition (European Union Conventions) Act 2001. Therefore, it continues the general approach of aligning the provisions in this Bill with those in the extradition Acts.

Amendment No. 20 raises the issue of access to legal advice and representation. These matters are available as a right to all persons and legal aid for that purpose is available in appropriate cases. We can rely on the courts to ensure that a person is fully informed of his or her rights. A person's entitlement to advice and representation does not need to be spelled out in every statute dealing with how the courts deal with people brought before them. Therefore, it is not necessary to make explicit provision for these matters in the Bill.

Before leaving these amendments I wish to reiterate a central point in this Bill. Section 9(2)(f) ensures that all the issues covered in amendments Nos. 19 and 20, plus many more, are taken care of. That paragraph provides that the safeguards available under Part 3 of the European Arrest Warrant Act 2003 are also available to persons arrested under this Bill. Those safeguards are very extensive. They include all the protections available under the Constitution and the European Convention on Human Rights as well as several anti-discrimination matters listed in Part 3. I am satisfied that section 9(2)(f) will prove very valuable should any question arise as to the arrested person's rights and entitlements.

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