Alan Shatter (Dublin South, Fine Gael)

I would like to thank Senator Van Turnhout for raising this matter, as well as thanking Senator Bacik for her comments. I also wish to thank the solicitor, James McGill, who presented a very interesting paper on this issue, a copy of which Senator Van Turnhout kindly gave to me. I read it with great interest. I have a great deal of sympathy with the proposal. It may well be that this is a sound proposal with regard to addressing this issue. Unfortunately, however, in the time available it is not possible for me to take the matter on board. There are a number of reasons for that.

Coming back to what I said on Second Stage, a series of amendments has been made to this legislation already. As regards this legislation, which is a difficult and technical area, we have discovered on occasion that there are unintended consequences which result from addressing particular issues. There has not been adequate time for the Attorney General's office to consider the amendment required. More important, I am concerned that, in so far as we can, we meet our international obligations in this area as best we can at the present time.

I am conscious that the Dáil rises tomorrow and if we are to amend this Bill this afternoon and take on board this amendment, in practical terms, this legislation could not then be enacted until the autumn. I think it is urgent that we get our house in order as best we can with regard to the areas the Bill addresses.

It is important that we move away from the piecemeal amendments that we are engaged in. This is yet another piecemeal piece of legislation. While I am in principle favourably disposed to an amendment along the lines being proposed, I believe that its implications for the European arrest warrant legislation can best be addressed in the context of the overall review of the EAW procedure, which I have announced.

I am sure that the proposal and the excellent analysis on which it is based are fully considered. I have read it carefully and, as Minister, I have an obligation to ensure that what is proposed is fully considered by the Attorney General. There must be a reasonable time to consider it, so that we do not effect another change in a rushed manner. It is important that this Bill is enacted in its current form. For those reasons I regret that I cannot accept the amendment.

I am anxious to get to a space where we have an overall piece of legislation incorporating any further reforms that are necessary. It is desirable that it should all be embodied in the one Act. I deliberately gave a date of autumn 2013 because I am conscious of the enormous legislative programme and the pressures on my Department and others for the first six months of 2013 with regard to the EU Presidency. Work is commencing, however, with regard to the overall review. If it turns out that the review can be conducted more quickly or that the Attorney General's office has the capacity to address matters more quickly, I hope there would be a possibility of bringing in the next anticipated Bill somewhat sooner. I do not want to mislead the House in any way, however. I cannot give a guarantee in that regard and autumn 2013 is the safest time to give. I do not want with unnecessary speed to accept an amendment, which on the face of it is reasonable but without the Office of the Attorney General having an opportunity to consider it fully and without us fully ensuring there are not hidden unintended consequences that have not come to mind at this point.