Brian Lenihan Jnr (Dublin West, Fianna Fail)

As Senator Tuffy point out, this matter was raised during the passage of the legislation through the Dáil. The section follows closely the wording of other sections in the legislation that make provision for the surrender of persons. I cite section 33 of the Extradition Act 1965 and section 18 of the International War Crimes Tribunal Act 1998. In the case of the corresponding provision in the Extradition Act, this is a long established provision which has been relied on in many cases and has been subject to considerable judicial comment. It is one that the Office of the Chief Parliamentary Counsel believed did not require to be changed. For this reason, as well as for reasons of consistency, it has been replicated.