Dermot Ahern (Louth, Fianna Fail)

The three cases referred to by the Deputy were reported by Ireland in response to an EU questionnaire on the operation of the European arrest warrant. In two of the cases, the subjects were released in 2008 and the third subject was released in March 2009. The three subjects were released because the issuing authority in the country that sought the extradition failed, in each case, to collect the subjects within the statutory time limit.

Under the provisions of the European Arrest Warrant Act 2003, as amended, a person whose surrender has been ordered by the High Court must be surrendered to the requesting state within ten days from the date the order takes effect. The Act provides for an extension of the time limit in circumstances where a date is agreed between the issuing authority and the Irish central authority for the European arrest warrant. The courts in this jurisdiction have ruled that applications for such extensions must be made to the courts and that the issuing authorities must show good reason why it was not possible to collect the subject within the time limit. If no extension is sought or, if sought, the extension is refused, the subject must be released on expiration of the order. In each of the three cases in question, the Irish central authority notified the issuing authorities of the order for surrender and the time limit in accordance with standard procedures. In each case, the issuing authority was unable to collect the subject within the statutory time limit.

Following legal proceedings in two of the cases, the courts ordered release of the subjects on the grounds that the reasons advanced by the issuing authorities for failure to collect within the time-limit were not sufficient. The courts are, subject to the law and the Constitution, independent in the exercise of their functions and it is not open to me to make any comment on these proceedings. In the third case, the subject was released on legal advice after the issuing authority failed to respond to the Irish central authority.

In a response to the Deputy last week in this matter, I stated that the courts had ordered release in all three cases. I am now advised, however, that legal proceedings seeking an extension were not, in fact, commenced in the third case as the issuing authority failed to provide any response to the central authority's notification and, therefore, there was no need to bring the matter before the courts as the issue of an extension did not arise. I regret this error but it does not change the substance of my reply. Since the European Arrest Warrant Act came into force, Ireland has surrendered 234 persons on foot of warrants.

The central authority has raised the issue of non-collection with the authorities of a particular member state. In response, the authorities in the state concerned have assured the Irish authorities that subjects will be collected on time. The central authority will continue to monitor the situation and take action as appropriate.

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