James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Acting Chairman. I thank Deputies for their very considered and measured contributions on what is technical but very important legislation amending the European arrest warrant. The main purpose of the Bill is to address a number of issues identified by the EU Commission with our existing legislation in this area informing EU infringement proceedings. That is why we must enact this Bill in a timely way. The Bill also takes the opportunity to make a number of technical amendments that are necessary.

I hear what Deputies are saying on the delays with implementing a number of EU directives. Deputy Catherine Murphy pointed out the issues seem to arise in here on a regular basis. That is partly because when I was appointed a Minister of State at the Department I recognised there was a significant backlog of legislation. Working with officials in the Department, we have now cleared almost all of the backlog.

We now have this Bill, which needs to be passed, and the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill is on Report Stage. In conjunction with the Oireachtas Committee on Justice, a number of amendments will be made to the latter. Two other matters relating to firearms will not need legislation but will need regulations. At that point, we should have all of the backlog cleared. This Dáil has already cleared the Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021, the Counterfeiting Act 2021, the Criminal Justice (Smuggling of Persons) Act 2021 and the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020. With Opposition parties, which have been proactive and helpful, we have cleared the large backlog. I will keep a close eye on the situation so that we do not lapse again only to have to pass legislation quickly so as to avoid infringements and penalties.

Deputy Howlin referred to the rule of specialty, particularly as it related to section 15. It is allowable to have parallel European arrest warrants. Where someone is being detained in Ireland under a European arrest warrant, a separate warrant can issue if the charge based in the issuing state has changed. My understanding is that, even where the person has been extradited, a European arrest warrant can be issued if the charge changes, but I will seek clarification. That was the point the Deputy raised, namely, what would happen where the charge became a different or more serious charge post extradition. My understanding is that another arrest warrant can be issued even when the person is in custody in the receiving or issuing state.

Deputy Howlin referred to his Magnitsky Bill. Deputy Catherine Murphy also referred to it. The Minister, Deputy McEntee, is working with Deputy Howlin on the matter. The Bill's principles are important. I will leave it to the Minister to address the matter.

Deputy Andrews asked about the Court of Appeal. European arrest warrants can be appealed to that court.

Regarding minor sentences, the minimum level of charges is provided for in EU law. Therefore, there is no discretion in Ireland over what minimum sentences are covered under the European arrest warrant. I have dealt with a number of European arrest warrants while practising. Some of the charges and sentences in other countries were surprising. Nonetheless, this matter is covered by the directive and we are bound by that.

Extraditions to the USA have nothing to do with this Bill or European arrest warrants, so I will not comment on that matter further.

Deputy Howlin raised the issue of sanctions on named persons. Strictly speaking, that is a matter for the Departments of Foreign Affairs and Finance, but I will raise it with the latter. This Dáil passed the fifth anti-money laundering directive to tighten up laws around money laundering and terrorist financing.

Deputy Martin Kenny raised a number of important issues around delays. The infringement notice was received in October 2020, pre-legislative scrutiny was undertaken in September 2021 and we are moving forward with the legislation as quickly as possible. Only three member states have not been found to be in infringement where European arrest warrants are concerned. This is technical legislation and every state has its own laws. Some, like Ireland, have constitutions. As the Deputy pointed out, the only other EU country with an element of common law is Cyprus. All of this has caused technical difficulties. Many states are having problems in ensuring that European arrest warrants are applied uniformly across the EU. We will be keeping a close eye on the situation.

I thank the Deputies for their contributions on this Bill.

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