James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendments Nos. 11, 12, 23 and 24 deal with situations where surrender does not take place due to force majeure. These amendments provide for amendment to section 9, which amends section 15(5)(b) of the 2003 Act, and for amendment to section 10, which amends section 16(5)(b) of the 2003 Act. The amendments address a technical issue and clarify that it is the court rather than the central authority that must be satisfied that the force majeure circumstances continue to exist. Where a member state is unable to surrender a person within the time limits required and that failure is due to circumstances beyond the control of that member state or the issuing state, the 2003 Act provides that a new date for surrender is agreed and the requested person is detained in custody pending that surrender. Where the failure to effect surrender on time is for reasons other than these force majeure circumstances, however, Article 23(5) of the framework decision requires that the requested person, if in custody, must be released. Ireland's obligation to surrender the requested person remains extant and the CJEU has held that where the requested person must be released under Article 23(5) the executing member state is obliged, "to take any measures it deems necessary to prevent that person from absconding, with the exception of measures involving deprivation of liberty". These amendments provide that the requested person would be admitted to bail on such terms and conditions as the court deems necessary to ensure they are available for surrender.

Amendments Nos. 13 and 25 clarify the obligations, where the consideration of an appeal or an Article 40 application prevents the determination of surrender proceedings within the relevant time limit, that the court causes the issuing judicial authority and Eurojust to be informed, and clarifies the requirement to provide reasons when so doing.

I will take the opportunity to move my own amendment to Seanad amendment No. 13. This is the only additional amendment to the Seanad amendments that I am bringing today. It is a minor technical amendment. As I just stated, amendments Nos. 13 and 25 serve the same purpose and, as such, should be identical. Unfortunately, the words "on conclusion of those proceedings, and" which appear in amendment No. 25 were inadvertently omitted from amendment No. 13. I ask colleagues in the House to accept this minor technical amendment so that the Bill can be enacted and commenced as soon as possible.

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