Dáil debates

Thursday, 2 July 2009

Criminal Justice (Miscellaneous Provisions) Bill 2009: Report and Final Stages

 

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I move amendment No. 3:

In page 8, to delete line 10 and substitute the following:

"(b) by the deletion of subsections (4), (5) and (6),

(c) by the substitution for subsection (7) of the following:

"(7) For the purposes of this Act, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by—

(a) the issuing judicial authority, or

(b) an officer of the central authority of the issuing state.".".

Section 12 of the European Arrest Warrant Act provides for the transmission of European arrest warrants and supporting documentation. Section 8 of this Bill amends section 11 of the Act to allow for the use of modern means of communication and transmission of documentation. The amendment substitutes the text of section 12(7) of the 2003 Act, which defines a "true copy" for the purposes of the Act.

The purpose of the substituted text is to simplify the procedure for certification of two copies of documents. It removes the references to the seal of the issuing judicial or central authority. These references are considered incompatible with modern means of transmission of documents provided for in the amendment to 12(3) by section 8 of the Act, which provides for the transmission of documents by any means capable of producing a written record. We discussed this on Committee Stage.

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