Brian Lenihan Jnr (Dublin West, Fianna Fail)

This amendment proposes the deletion of section 72, inserting a new section 36(a) in the European Arrest Warrant Act. The current section 36(a) states that Ireland, as an issuing state, will observe Articles 27 and 28 of the framework decision in respect of persons surrendered to this jurisdiction. This would or could require strict observance of Article 27 of the framework decision. That article could be seen as being extremely restrictive in its terms because it permits proceedings, sentencing and detention only in respect of the offence for which the person is surrendered. In the murder-manslaughter example, it could be cited as grounds for preventing the sentencing and detention for manslaughter of a person surrendered on a murder charge. Such an outcome would be unacceptable and would give rise to a position which would not have arisen under the previous regime that held sway under the Extradition Act 1965.

Section 36(a) was initially felt to be useful as an indicator to other states seeking to establish Ireland's position on specialty and onward surrender. However, the realisation that it could have the effect I have outlined makes its retention more problematical and hence the Minister proposes to delete it.