Michael McDowell (Dublin South East, Progressive Democrats)

These amendments amend section 69 of the Criminal Justice (Terrorist Offences) Bill. As mentioned with regard to the previous amendment, section 69 refers to section 22 of the European Arrest Warrant Act which deals with the rule of specialty. There is one main amendment in this grouping and the others are of a consequential or textual nature, as with the previous amendment. However, on this occasion the major amendment is amendment No. 25 which inserts a new subsection (6). Subsection (6) deals with the granting of consent by the relevant Irish authority where a departure from the rule of specialty is proposed as provided for in Article 27.4 of the framework decision. Article 27 deals with the rule of specialty and it provides for exceptions where the specialty provisions will not apply, for example, where the executing judicial authority consents to requests from the issuing state for other prosecutions. The circumstances under which the executing judicial authority must give its consent are set out in Article 27.4.

Ireland made a statement at the time of adopting the framework decision to the effect that for the purpose of Articles 27.4 and 28.3, requests shall be submitted to and consent given by the central authority, that is by the Minister rather than by the court. That statement is reflected in the current text of the European Arrest Warrant Act. However, it is now proposed that the question of consent should be dealt with by the High Court, which is the executing judicial authority. The Attorney General's advice is that legally this is the more prudent way to proceed having regard to the explicit terms of the framework decision which provides that this is a matter for the executing judicial authority. I mentioned in the House during our previous discussion that the civil law concept of what is a judicial authority and the common law concept are somewhat different. However, for the purposes of safety, the Office of the Attorney General advises us that it is better to vest this function not in the Minister, but in the courts.

A new subsection 22(6) is therefore being inserted in which the High Court is given the authority to consent. The amendment to lines 27 and 28, namely, amendment No. 23, is consequential on the new amendment and the new subsection (7) confirms that consent to be given under subsection (6) shall be withheld where surrender would be refused on the general safeguard grounds in Part 3 of the European Arrest Warrant Act. Amendment No. 24 is a textual amendment.

The numbering of subsections (6) and (7) refers to the numbering in the Bill before the House. These numbers will change as a result of a new subsection (3) already having been added to section 22 of the European Arrest Warrant Act by amendment No. 22, which we have just discussed. Therefore, the new subsections (6) and (7) being added by amendment No. 25 will, as a result of that earlier amendment, become subsections (7) and (8) respectively.