Thursday, 5 July 2012
European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011: Report and Final Stages
I move amendment No. 1:
In page 18, lines 20 and 21, to delete "if the Court is satisfied that" and substitute the following:
"if the Court is satisfied that no injustice would be caused to the person even if".
This amends section 24 of the Bill which substitutes the text of section 45C of the 2003 Act. Section 45C provides that surrender shall not be refused on the grounds of a technical flaw in an application provided that this would not cause an injustice to the requested person. In an amendment on Committee Stage I further strengthened the protection for the requested person where this provision is applied. The revised text of paragraph (b) now provides that, where there is a variance between any document grounding an application and the evidence adduced on the part of the applicant at the hearing of the application, the court cannot apply the provision unless it is satisfied that such variance is explained by the evidence. However, owing to an unfortunate drafting error, the important limitation that the provision may only be applied if this would not cause an injustice to the requested person was omitted from the amendment. Amendment No. 1 rectifies the position by explicitly providing that the provision may only be applied where the court is satisfied that no injustice would be caused to the requested person. This is obviously of benefit to the requested person by ensuring an additional protection is present.
The Dail Divided:
For the motion: 88 (James Bannon, Pat Breen, Tommy Broughan, Richard Bruton, Ray Butler, Jerry Buttimer, Catherine Byrne, Eric Byrne, Dara Calleary, Joe Carey, Paudie Coffey, Michael Conaghan, Seán Conlan, Paul Connaughton, Ciara Conway, Noel Coonan, Marcella Corcoran Kennedy, Joe Costello, Simon Coveney, Barry Cowen, Michael Creed, Jim Daly, John Deasy, Jimmy Deenihan, Pat Deering, Regina Doherty, Robert Dowds, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Anne Ferris, Frances Fitzgerald, Charles Flanagan, Terence Flanagan, Brendan Griffin, Dominic Hannigan, Noel Harrington, Simon Harris, Tom Hayes, Martin Heydon, Derek Keating, Colm Keaveney, Paul Kehoe, Seán Kenny, Michael Kitt, Anthony Lawlor, Ciarán Lynch, Kathleen Lynch, John Lyons, Michael McCarthy, Nicky McFadden, Dinny McGinley, Mattie McGrath, Michael McGrath, Joe McHugh, Tony McLoughlin, Michael McNamara, Eamonn Maloney, Olivia Mitchell, Michelle Mulherin, Gerald Nash, Denis Naughten, Dan Neville, Derek Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Willie O'Dea, Patrick O'Donovan, Fergus O'Dowd, John O'Mahony, Joe O'Reilly, Willie Penrose, John Perry, John Paul Phelan, Ruairi Quinn, James Reilly, Michael Ring, Brendan Ryan, Alan Shatter, Róisín Shortall, Brendan Smith, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Jack Wall, Alex White)
Against the motion: 24 (Gerry Adams, Richard Boyd Barrett, Joan Collins, Michael Colreavy, Seán Crowe, Clare Daly, Pearse Doherty, Dessie Ellis, Martin Ferris, John Halligan, Joe Higgins, Pádraig MacLochlainn, Mary Lou McDonald, Finian McGrath, Sandra McLellan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Jonathan O'Brien, Maureen O'Sullivan, Thomas Pringle, Shane Ross, Brian Stanley, Peadar Tóibín, Mick Wallace)
Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and John Halligan.
Question declared carried.