Thomas Pringle (Donegal South West, Independent)

I welcome the opportunity to contribute to the European Arrest Warrant (Applications to Third Countries and Amendment) and Extradition (Amendment) Bill 2011. I note from the Minister's contribution that this is not the end of the process and that he is initiating a comprehensive review of the European arrest warrant legislation to ensure it is streamlined for the legal practitioners and the subjects of the European arrest warrants. I note the review will take some time and that the legislation probably will be amended, following the review, at a later date.

As many Members have said, the Bill is technical and it is difficult to assess its implications. An important factor that must be taken into account is the rights of the subjects of the European arrest warrants to ensure those rights are protected and that they receive due process.

In researching the issue, it appears that what may not be an offence in Ireland under Irish law could be an offence in another member state under French, Dutch or German law and that an application can be made for an arrest warrant for an offence committed in Ireland. That is a provision about which I am concerned as it could impinge on the rights of people resident here if that process was allowed to proceed. If something happened in Ireland that was deemed to be an offence in France, an application could be made for an extradition warrant to have a person extradited to France to face trial on that issue. A high profile case fed into the reasons the legislation is being amended, where the Director of Public Prosecutions and the Garda decided not to proceed with a case against a person and that prevented his or her extradition under a European arrest warrant to face trial in another jurisdiction. I am concerned about the implications of that and hope to tease it out further on Committee Stage because it is important for the rights of people who may be subject to an extradition warrant.

An important aspect of the Bill is that it provides for an extension of European arrest warrants to third countries. I note it is intended to apply to countries with which there are agreements, such as Australia and the US. Where a particular crime may not be a crime in Ireland but may have been committed in Ireland by a person from another jurisdiction where it is a crime, I would be concerned about the implications and the potential to move people to those jurisdictions on foot of European arrest warrants. That issue needs to be examined carefully.

As the review of the legislation will continue, it is likely that further amending legislation will be brought forward. I note from the Minister's contribution that he will table a number of amendments on Committee Stage. It will be important to discuss what might be the implications of those amendments.

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