Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

This is a Bill that my party is in agreement with. The European arrest warrant is an important structure in terms of co-operation across jurisdictions in the EU. It is vitally important that there is strong co-operation to ensure that criminals are not able to use borders to escape justice and to frustrate justice and the forces of law. As Deputy Kenny outlined, there are a number of areas that we might try to address.

In general terms, and while it does not specifically fall under the European arrest warrant, I note that the European arrest warrant creates an exception to the fulfilment of the arrest warrant where that prosecution is being taken on the basis of the person's gender, sexual identity, race, political opinion or other factors. While the Russian Federation operates outside the EU - it is not a member state - in principle that exception exists to protect people against political prosecutions. It is important that we as a society protect Russian people who have bravely spoken out against Putin and his completely inhumane actions in Ukraine. I am thinking, in particular, of the brave Russian news broadcaster who spoke out against the war two weeks ago. We will, I am sure, see this scenario arising in the context of Russian protesters in the coming weeks. We are conscious of the need to protect those coming from Ukraine and from the conflict but we should also be conscious of providing refuge to those Russians who are facing persecution because of their opposition to the Russian Government. That is an appropriate ground for asylum as well.

The other point I will make regarding that general area is that it is vitally important that, regardless of their ethnicity, gender or gender orientation, all coming from Ukraine fleeing conflict are received safely. Unfortunately, there have been reports of mistreatment of people at the Ukrainian-Polish border because of their race. That is something that needs to be addressed. It is vitally important the State ensures that everyone who arrives here is protected.

The European arrest warrant process is grounded on the assumption that all EU member states have a minimum standard in terms of the rule of law. It is grounded on the basis that we expect a minimum standard from jurisdictions. That is a reasonable expectation. The outcome that the European arrest warrant sees is an admirable and appropriate one but the quid pro quois that we ensure that every jurisdiction does indeed have an adequate respect for the rule of law and adequate independence in terms of its judiciary etc. Unfortunately, there are issues, the Minister of State will be aware of them, and some concerns have been raised regarding the application of the rule of law by some member states, in particular Poland. While the European arrest warrant needs to continue to operate and we need to be in a position to co-operate with other jurisdictions, it is vitally important that the Irish Government continues to raise those concerns with those jurisdictions that have undermined the rule of law. If we are to continue with the extradition and with the surrendering under the European arrest warrant, we have to be entitled to assume that there will be a fair trial. It is vitally important that where a member state is breaking from that basic norm, it is challenged in relation to it.

There are also areas where there is a need for greater co-operation across Europe. The Hague Convention is one example. The convention exists but I have come across instances where it can be challenging. This particular Hague Convention is in respect of family law and ensuring that there is co-operation across jurisdictions where there is family breakdown and there are disputes in that regard. I have come across instances of where one parent or the other has departed either from Ireland or from another member state and gone to another country without making the other person aware and the dispute that ensues in relation to that. There are processes to resolve this but it can be challenging to ensure co-operation from the corresponding court in another jurisdiction. That is something in which there is room for improvement.

It is also vitally important that we have substantial co-operation in relation to the area of sex trafficking and sexual offences. I want to raise again a point that has been raised in the past that there is not a unified sex offenders register across the EU. There is some sharing of information but there is not a unified sex offenders register. That would be something that merits serious consideration. If we are to have co-operation on this basis in terms of arrest and so on, it is also important that member states trust one another in terms of the information that should rightly be provided about people who may be a risk as they travel to ensure that the authorities, in Ireland or in any other country, are in a position to monitor those people. It is vitally important that we have co-operation in those areas as well.

European co-operation on issues of justice is vitally important. It is something that my party very much supports but there certainly are areas that require tightening up and additional co-operation, as well as the safeguards to ensure that minimum standard that needs to exist across every jurisdiction.

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