Jillian van Turnhout (Independent)

I welcome the Minister.

The purpose of the framework decision on the European arrest warrant is to create a common area of security, freedom and justice within the European Union. One of the corollaries of the free movement of persons within the EU is that there should also be free movement of judicial decisions whether they are in the form of sentences, convictions or decisions to institute criminal proceedings. It is important to avoid the creation of places within the EU where there a perception that the country in question is a safe haven for fugitives from justice. I recognise that by enabling the provisions of the European Arrest Warrant Act 2003 to apply to states other than EU member states, we are reducing to some extent the chance of that happening. I also recognise that there are a number of criticisms and shortcomings around the legislative framework governing the European arrest warrant procedure. I welcome the Minister's acknowledgment in his opening remarks that the piecemeal approach to amending the European Arrest Warrant Act 2003 is unsatisfactory and I further welcome his commitment to initiate a fundamental review of the legislation and to thoroughly examine European arrest warrant procedures to determine how they can be streamlined and simplified.

I have received a lengthy submission in respect of the extraterritorial exception under section 44 of the 2003 Act. A concern has been raised about the manner in which section 44 is drafted - this may be what Senator O'Donovan mentioned - and its application to future cases, particularly in light of the recent Supreme Court decision in the Minister for Justice Equality and Law Reform v. Bailey, which was delivered on 1 March 2012. I do not purport to make any comment on the rightness or wrongness of the decision in the Bailey case nor do I purport to be an expert in international extradition law.

However, I am interested to explore the contention made in the submission that the very strict interpretation of extraterritoriality, based on the principle of reciprocity, whereby it is not open to the State to surrender a person for an extraterritorial offence unless the offence can also be prosecuted in Ireland on an extraterritorial basis, gives rise to the possibility of Ireland being a safe haven from prosecution or sentence in certain circumstances. I intend to give the submission further consideration in advance of Committee Stage and I considered it appropriate to mention it today. I will provide the Minister with a copy of the proposed amendment for his consideration because I trust his wisdom to ensure the Bill will strike the appropriate and right balance. This is my only concern.