James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendments Nos. 13 to 16, inclusive, 24 to 27, inclusive, 29 to 32, inclusive, and 57 and 60 are grouped for discussion. They are amendments relating to optional grounds for refusal and the repeal of section 21A of the 2003 Act.

Amendments Nos. 13 and 15 amend section 9, which amends section 15 of the 2003 Act. These amendments reflect the fact that there are not only mandatory grounds for refusal in Part 2 of the 2003 Act but also optional or discretionary grounds.

Amendments Nos. 24, 26, 29 and 31 are administrative textual amendments to section 10 arising from the insertion of a new section 10(a)(4), while amendments Nos. 27 and 32 insert new sections 10(a)(iv) and 10(b)(iv) in the Bill, which amend section 16(1) and 16(2) of the 2003 Act. As with amendments Nos. 13 and 15, these amendments reflect the fact that there are not only mandatory grounds for refusal in Part 2 of the 2003 Act but also optional or discretionary grounds.

Amendment No. 57 amends section 23, which amends section 42 of the 2003 Act. It provides the High Court with the discretion to refuse to order the surrender where such a discretion is required under the framework decision.

With regard to Senator Ward's amendments, the commission's position is that section 21A of the 2003 Act provides an additional mandatory ground for non-execution of an EAW based on the absence of a decision in the issuing member state to charge and try the person concerned, which is not provided in Article 3 of the framework decision. The ECJ has held that the list of grounds for non-execution of an EAW, as provided in the framework decision, is exhaustive. For those reasons, I cannot accept those amendments. I will also take the opportunity to flag certain amendments that I am considering for Report Stage. These are primarily of a technical nature to address potential ambiguities and minor technical drafting issues and concern sections 10 and 13.