Michael McDowell (Dublin South East, Progressive Democrats)

The purpose of these amendments is to amend section 24 of the European Arrest Warrant Act. Section 24 gives effect to Article 28.4 of the framework decision. It deals with situations where the person may be extradited by the issuing state to a third state, that is, to a non-EU state.

Similar to previous sections, a presumption is being added that the issuing state has complied with the framework decision in regard to onward extradition to a non-EU state, unless the contrary is proved. That is provided for in amendment No. 36. As in the previous situations, this amendment indicates the threshold to be met before a claim by the arrested person that there is non-compliance by the issuing member state is investigated. The amendments to lines 4, 5 and 11 of page 67, that is, amendments Nos. 33, 34 and 35, are textual.

Amendment No. 36 adds a new subsection (2) to section 24 of the European Arrest Warrant Act. Subsequent subsections in section 24 will be renumbered as a result.

I wish to inform the House that I propose to introduce further amendments in regard to the European Arrest Warrant Act on Report Stage. I expect to have four amendments, two of which will relate to the application of the rule of specialty. That rule provides that persons may, after surrender, be proceeded against in the issuing state only for the offences in respect of which surrender was granted. However, it has long been practice in extradition law that persons may be convicted, sentenced and detained in respect of alternative but lesser offences that arise out of the same facts and circumstances as gave rise to the original charge. The classic example in our law would be murder. The murder-manslaughter scenario is the most notable example of this situation. If somebody were extradited to Ireland on a murder charge it would not be a breach of the rule of specialty if he or she were convicted here of manslaughter because the greater is encompassed in the lesser. The amendments will relate to sections 69 and 72 of the Bill before the House.

At the request of the Director of Public Prosecutions, I have also examined section 42 of the European Arrest Warrant Act and will be proposing the deletion of section 42(c). I will also be proposing an amendment to section 70 of the Bill, clarifying section 23(1) of the European Arrest Warrant Act which is being inserted by section 70. This clarification relates to situations where a person is being sought by a third member state. In those cases, Ireland, as the first executing state is required to consent to that onward surrender. Subsection (1) of section 23 defines the offence for which the person may be subject to that further surrender. The new text that I will be proposing will simplify and clarify that definition. I understand that, in keeping with normal procedure in this House, the Bill will not be reprinted before Report Stage which will be taken on Thursday so the new amendments will refer to line numbers, etc., as set out in the Bill now before the House.

I also wish to inform the House that I will be proposing an amendment to section 38 of the Offences against the State Act 1939, which is a very simple amendment. Section 49 of the Offences against the State Act 1939 provides that if two or more Special Criminal Courts are in existence at the time of the sending forward of a person for trial, the Director of Public Prosecutions must apply to try the case in the court he selects. In order to ensure absolute clarity as regards the operation of this provision the proposed amendment will make it clear that a court established under the Act is only in existence if not fewer than three members are appointed to it. This will be in addition to an amendment to section 49 of the Offences against the State Act 1939 which I also intend to introduce. Senators will recall that I indicated last Thursday my intention to introduce the latter amendment. The amendment will provide for the transfer of cases between the existing Special Criminal Courts and the Special Criminal Court, the establishment of which the Government approved on 14 December last.