Sheila Terry (Fine Gael)

I move amendment No. 2:

In page 4, subsection (1), line 40, to delete "Subject to subsection (2),".

Section 2(1) provides that the Garda Commissioner will be the competent authority of the Sate for the purposes of the Council framework decision. However, section 2(2) qualifies this by providing that where "the competent authority of another Member State requires a request to it under section 3(1) to be made, or a request from it under section 4(1) to be received, by a judicial authority, the Minister shall be the Competent Authority in relation to the request". Amendment No. 2 seeks the deletion of the words "Subject to subsection (2)" in page 4, line 40, while amendment No. 3 seeks the deletion of section 2(2). This would ensure the Garda Commissioner was the competent authority in both cases. If he is the competent authority in one case, why should he not be the competent authority in all cases? The amendments seek to provide for this.