Frank Fahey (Galway West, Fianna Fail)

Section 35 applies to a person who is already serving a sentence of imprisonment or detention in the State and is also subject to a surrender order pursuant to a request from the International Criminal Court. Provision is made that the order may include conditions in respect of the return of the person concerned into the custody of the State following the completion of the ICC proceedings. For instance, it provides that any such imprisonment will be subject to the supervision of the ICC and the court may, at any time, decide to transfer a sentenced person to a prison of another state. The Rome Statute does not address the enforcement of any domestic sentence which a person is liable to serve. It would, perhaps, be an undue interference with the provisions of the statute to include in this Bill consideration of a domestically applied custodial sentence among the responsibilities of the ICC. For these reasons, I do not propose to accept the amendment.