Michael McDowell (Dublin South East, Progressive Democrats)

There must be an intention to prosecute rather than a general desire to engage in a fishing expedition. Having included these protections, we wanted to make clear that it is not sufficient for a person to ask questions in court and list a series of matters which must be proved. The warrant system would collapse if one had to effectively move the judicial officers to Ireland with a view to giving an explanation to the court of what they are doing. The system would not work.

If the arrested person raises a substantial issue, then there can be a court hearing and an appropriate decision based on two contending claims about the intention of the issuing state. However, it is not sufficient to put the matter in issue by raising it and then saying one wants proof of all these things because, otherwise, the European arrest warrant would become unworkable.