Brian Lenihan Jnr (Dublin West, Fianna Fail)

I regret that I am not Santa Claus today.

Senator Terry referred to the presumption on extra-territorial effect. It is a presumption of statutory construction but one which does not have very cogent force in the context of legislation such as this, where the Long Title makes quite clear the Bill is implementing an international arrangement by way of mutual assistance.

This amendment would insert a provision in section 2, a general section describing the application of the Act, where the expression "sentences" would be extended to include "those imposed outside the State". However, it is clear when one examines sections 5 and 6 that there are two circumstances plainly envisaged in the legislation. Section 5 deals with requests of execution of Irish sentences in a designated country and section 6 deals with requests for execution of foreign sentences in the State. They are the two complementary parts of the legislation and are the core provisions of the Bill. It is clear from those sections that there is an expressed statement by the Oireachtas that we will have extra-territorial effect to the extent provided for in those sections. It is important to note the Bill does not apply to all sentences imposed outside the State but only to those imposed in designated countries. The Senator's expression might imply that the legislation applies to any sentence imposed in a foreign jurisdiction whereas it must be a designated country. It is clear from sections 5 and 6 that this entire exercise applies in designated countries. For that reason I cannot accept the amendment.