Michael McDowell (Dublin South East, Progressive Democrats)

This amendment requires other member states to serve documents in this country requiring persons to attend hearings in other member states within a reasonable time and not later than 14 days prior to the hearing. While I am sympathetic to the notion that people are given a decent amount of notice, I do not think it would be prudent or correct of us to impose rigid timescales on other member states.

The onus is on other member states to serve documents in good time if they require a person to attend there but some flexibility is also important. For example, if a person from this jurisdiction is required, under this regime, to attend a court case urgently in Newry and that person is in County Louth, is it reasonable to assert that he or she cannot be required to do so, that is, to travel 20 miles, unless given 14 days notice, particularly if one considers that a person would be liable to be brought to Drogheda District Court from Northern Ireland at a moment's notice? We need some flexibility in this regard, but I take the point that good notice should be given. The 14-day provision is unnecessarily inflexible. It is slightly over the top if an individual in County Donegal is required to go to Derry under this provision but cannot because two weeks notice was not given to him or her.