Joanna Tuffy (Labour)

I move amendment No. 12:

In page 24, subsection (1), to delete lines 1 and 2 and substitute the following:

"31.—(1) The Minister shall postpone the making of an order under section 30 where the period referred to in section 27 has not expired, and may, on or following the conclusion of that period, postpone the making of such an order—".

This section is necessary because a contradiction arises between sections 30 and 27. Section 27(a) requires a certain timelag, namely, a minimum of 15 days, between the making of a surrender order by a court and the surrender of a person, in addition to any period during which the court's jurisdiction is challenged. However, section 31(1) states the Minister may postpone the making of an order which would give an authorised person custody over the defendant where the court's jurisdiction is challenged. If the Minister decided not to postpone the making of an order, section 30(2) would come into play and the authorised person would be entitled to convey the defendant out of the State. This is inappropriate until such time as the period specified in section 27 has expired. The relationship between sections 27 and 30 and whether the minimum period still stands should be clear.