James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendment No. 34 relates to section 15 of the Bill. Where a person has been surrendered to an issuing state, and the issuing state wishes to prosecute the person for other offences, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is obliged to give its consent. Section 15(a) of the Bill substitutes section 22(7) of the 2023 Act to provide for this obligation.

Amendment No. 35 would substitute section 16 of the Bill, which amends section 23 of the 2003 Act. Where a person has been surrendered from Ireland to an issuing state and that state wishes to surrender the person to another state, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is required to provide its consent within 30 days of the request. This amendment clarifies this requirement.

Amendment No. 39 inserts a new section into the Bill, which will amend section 38 of the 2003 Act in respect of a refusal of surrender under that section. It will provide the High Court with a discretion to refuse surrender where previously it would have been obliged to refuse surrender.

Amendments Nos 40 to 42, inclusive, provide for administrative textual amendments to section 22 of the Bill, which amends section 41 of the 2023 Act.

Amendment No. 43 amends section 22 of the Bill, which amends section 41 of the 2023 Act. Section 41 of the 2003 Act deals with the legal principle of double jeopardy. This amendment inserts a new paragraph (c) in section 41(2) that provides that a person will not be surrendered to an issuing state if that person has been sentenced by a third country in respect of an act or omission for which surrender is sought, and is currently serving that sentence.

Amendment No. 44 provides for a further administrative textual amendment to section 22 of the Bill, which amends section 41 of the 2003 Act; clarifying the language around "detention" being a "period of detention".

Amendment No. 45 amends section 23 of the Bill, which amends section 42 of the 2003 Act. It provides the High Court with a discretion to refuse to order the surrender where such a discretion is required under the framework decision.

Amendment No. 46 amends section 44 of the 2003 Act to provide for an optional rather than a mandatory ground for refusing surrender in respect of certain offences committed outside the issuing state.

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