Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Ba mhaith liom fáilte a chur roimh an Aire Stáit fosta. Cé go dtacaíonn Sinn Féin leis an Bhille seo, cosúil le mo chomhghleacaí, an Seanadóir Ward, tá cúpla rud gur mhaith liom a lua ag an Chéim seo. I welcome the Minister of State to the House. In supporting this legislation, similar to my colleague, Senator Ward, I have some observations which I will relay in due course. As the Minister of State knows, the broad purpose of the European arrest warrant is to legally unify the EU in relation to the extradition cases and to enable free movement of judicial decisions in certain criminal matters across the European Union and to do so on a basis of mutual recognition and respect for the judicial processes of member states. It further requires each state's judicial authority to recognise and act on requests made by the judicial authority of another.

In practice, if passed, this Bill will result in the European arrest warrant, EAW, replacing the extradition system that existed between member states previously. The arrest warrant permits a state to request the arrest and surrender of a named person for the purpose of prosecuting or to put into a fact a custodial sentence within a specific deadline. Extraditing citizens of one state to another raises human rights issues so it is not a matter that has been entered into lightly. The warrant must be used properly and take into account the gravity of the offence, the sentence likely to be imposed, and whether there are other less coercive measures available. The warrant seeks a criminal prosecution and the imprisonment of the person. It applies in cases where an offence, punishable by imprisonment for a period of at least one year and where a custodial sentence had been passed for sentences of at least four months.

There are circumstances where a member state can refuse to act on a warrant such as if the person concerned has already been convicted for the same offence in a member state; if the offence is covered by an amnesty in the member state asked to act on the warrant; or if the person concerned is a minor who could not be held criminally responsible by the member state asked to act on that warrant. It is unclear where the appeals court stands in relation to EAWs, if this Bill is enacted, as a suspect refusing surrender could potentially appeal the enforcement of the warrant. We are in favour of the ability of a member state to make a judgment on the enforcement of a warrant. We are concerned about the extradition of an individual to serve a custodial sentence of at least four months. This seems punitive and Sinn Féin will table amendments in that regard.

We will also table amendments on the Bill's failure to allow for minor sentences to be served within the Irish prison system in this State. This legislation may have a significant effect on the Ian Bailey case. Mr. Bailey was convicted in absentiain France of murder. However in 2003, the courts here refused the EAW request to extradite him. While there are concerns from some civil liberties groups regarding the use of a standardised system of warrants across the EU, it is important to note that each member state can potentially refuse the warrant.

There are potential flaws in this Bill and as I have said, Sinn Féin will be tabling amendments to correct these. Nonetheless, we will support the Bill and I hope due consideration will be given to the amendments we bring at a later stage.