Ivana Bacik (Independent)

I thank Senator van Turnhout for raising this issue. It was also raised with me and both of us had canvassed for it on Second Stage. I welcome the Minister to the House. Both Senator van Turnhout and I welcomed the Minister's announcement on Second Stage of a comprehensive review of this highly complex area of law. During the Second Stage debate, I asked the Minister when that review was envisaged and he pointed out that it would probably be in the second half of 2013. I think I am right in saying that that was the timing involved. It may be that this amendment should be considered as part of that comprehensive review with the merit of an amendment similar to this one.

Senator Van Turnhout has raised an important point in terms of the effect of the Bailey decision. She has given a helpful, practical example of the difficulty with the abstract test set forward by the Supreme Court in applying this strict view of reciprocity. There is a question about whether the Oireachtas should now review that decision and seek to provide for a different test.

The position as a result of Bailey, as Senator van Turnhout has illustrated, is that it is not open to this State to surrender a non-national to another EU member state for an extra-territorial offence simply because the requesting state asserts jurisdiction on a basis that is alien to Irish jurisprudence. It is a relatively narrow test and one that will inevitably have consequences in other cases, as can easily be envisaged.

The difficulty with its application begs the question as to whether an amendment should be introduced. I look forward to hearing the Minister's view as to whether it will be in this Bill, which as we saw on Second Stage has a relatively limited remit, or as part of the more comprehensive reform that is envisaged. In any case, it is important that it should be considered. I thank Senator van Turnhout for raising it.