Dermot Ahern (Louth, Fianna Fail)

We are trying to streamline the process as much as possible. Under the 2003 Act the court has an obligation to vindicate the rights of anyone before it based on the Constitution and the European Convention on Human Rights. It must take those into account.

The High Court can decide under section 12(g)(13) to remand a person in custody or on bail pending the appeal. If he is remanded in custody, he would wish to have the case dealt with as quickly as possible. There is always an obligation on the courts to hear an appeal as soon as possible. The significant workload of the Supreme Court must be looked at and Mrs. Justice Denham is working on a report on the structure of the Supreme Court.

We are where we are, however, and it is the experience that there are people who, having consented to surrender and gone through the process, as they are literally about to get on an aeroplane, lodge an appeal knowing it will delay matters further. This aspect has been used in the vast majority of cases as a device to delay the surrender. Doing that delays the decision on the innocence or guilt of the person involved so we are trying to ensure that if there is an appeal, it is a matter for the High Court to decide. We are not trying to circumscribe those with a genuine point of law from going to the Supreme Court on an exceptional matter if it is in the public interest to do so.

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