Pat Rabbitte (Dublin South West, Labour)

I support amendment No. 62, which makes sense and obviously it is desirable that the document is intelligible and is in the language of the person in receipt of it. However, I would have thought that amendment No. 63 addresses a somewhat different point. It pertains to reasonable time being given to the person. I refer to a person who might be required, either as a defendant or to give witness in criminal proceedings in another state and he or she ought to be given reasonable time to present. This is a different point to stating the document ought to be in a language that is intelligible to the recipient.

In respect of many of the amendments dealt with under discussion, Members had a reasonable opportunity to debate them on Committee Stage. In this case however, I am unsure whether I understand the Minister's objections. We have just discussed section 80, which deals with the mode of service and provides that the document can be served in the post. Section 81 deals with the service of the documents in the State where a document requires a person to appear as a defendant or witness in criminal proceedings. In that context, my amendment merely seeks to provide that "Where a document served pursuant to this section directs or requests the person to whom it is addressed to attend a hearing in a designated state, the document shall be served a reasonable time prior to the hearing in the designated state concerned".

I thought that a reasonable right in respect of the person on whom the document is being served, given that it may be served through the post. Circumstances could arise whereby the person is required to present to a court in another jurisdiction at the drop of a hat or does not receive the document in time. I do not know the sanctions on a person who does not turn up in court as a result of the documents not being served on time. The amendment does no more than make a plea for a reasonable opportunity for the person on whom the document is being served, irrespective of whether he or she is the defendant or witness in the criminal proceedings, to have adequate time to make arrangements to present to court in the other member state.

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