Heather Humphreys (Cavan-Monaghan, Fine Gael)

I welcome the opportunity to speak on the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011. The objective of the Bill is to apply the European Arrest Warrant Act 2003 to states other than EU member states. Since its enactment, the European Arrest Warrant Act has allowed for a more efficient method for extradition, as formal extradition procedures were replaced with a system of surrender, based on mutual recognition and respect for the judicial decisions of fellow member states. It is important that there is a level of mutual respect among member states for the laws of neighbouring countries. We have free movement of goods and people in the EU. It is, therefore, important that our laws also reflect the common objective that if a person commits a crime he or she should be punished accordingly and without delay. In this regard the introduction of the European Arrest Warrant, EAW, was a welcome development. The European arrest warrant is a standard form which can be sent directly from one judicial authority to another requesting the arrest and surrender of a person in order that he or she can be prosecuted or jailed. This procedure is in operation in all member states and should a state receive a request for the surrender of a person, that request must be complied with. This ensures there is a sense of certainty in regard to extradition matters. As we are aware, the extradition of a person can be often a complicated, divisive and time consuming process. While I fully accept that every person must have the right to due process, it is incumbent on us all to ensure those who break the law are not allowed to use legal loopholes and technicalities to avoid punishment.

I commend the Minister on bringing forward the Bill as a matter of urgency as it will amend section 15 of the Extradition Act 1965 whereby extradition will not be granted where the offence for which it is requested is regarded, under the law of the State, as having been committed in the State. This provision has been at the centre of a high profile case in recent years and it is important that clarity is brought to the issue to ensure there is no ambiguity should any similar cases arise. Ireland cannot be seen to protect criminals due to outdated legislation. To allow such a situation to continue would cause damage to our reputation internationally.

That the Minister has stated there will be a fundamental review of all the legislation is welcome. I ask him to review the fact that all cases for extradition must be heard in the High Court. Originally the Extradition Act 1965 provided that the District Court would be the court of first instance in extradition cases. This was changed by the Extradition European Union Conventions Act 2001 which provided that all extradition hearings were to be heard before the High Court. At the time the following explanation was given:

All extradition proceedings are being moved to the High Court. This is a change from the present law where the initial application for the extradition of persons from the State is made to the District Court. Since nearly all extradition cases end up in the High Court, in any event it is considered that the consolidation of all extradition proceedings in the High Court would provide for a more efficient and expeditious hearing of such cases. Since 1994, all bail applications in extradition cases must be taken in the High Court.

According to section 9 of the European Arrest Warrant Act, the High Court became the executing judicial authority in Ireland for the purpose of Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states. The Framework decision does not specify a particular court of judicial authority in respect of European arrest warrants, rather it states that, "The issuing judicial authority shall be the judicial authority of the issuing member state which is competent to issue a European arrest warrant by virtue of the law of that state." As I have outlined, this is currently the High Court.

At the time the legislation was changed the majority of cases were politically based extradition cases on foot of requests from Northern Ireland and Great Britain and nearly all of them were subject to a judicial review. Given that we have peace on the island and circumstances have, thankfully, changed and there are few politically based extradition requests from Northern Ireland and Great Britain, I ask the Minister to consider amending the legislation in order that the District Court could, once again, could deal with extradition cases, except in a point of exceptional public importance where it could be referred to the High Court. It would mean considerable cost savings for the Exchequer if extradition cases could be dealt with in the District Court. It would also mean these cases could be dealt with more quickly and efficiently.

I commend the Minister on the efficient manner in which he has brought forward this technical and complicated legislation.

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