Barry Ward (Fine Gael) | Oireachtas source

I accept what the Minister of State is saying. The reason I tabled amendments Nos. 14 and 16, for example, regarding the deletion of reference to section 21A is that I am not sure it is wise for us to be putting into this legislation where a decision has not been made to prosecute. The de facto implication of that, and I am absolutely open to correction here, is that member states could seek the extradition of a person from this country to theirs for the purpose of investigation of a crime. I hear what the Minister of State said with regard to pronouncements from the ECJ on this subject and, therefore, the criteria and the framework are exhaustive. I absolutely agree with that. However, are we willing to go down the road to the point where we are essentially saying it is okay for another member state to seek the surrender of a person from this state purely for the investigation of a crime? If I have misread it, I am absolutely open to correction in that regard. However, my concern is that this is what this amending section does and I am not sure that is a wise course of action. Other perhaps unintended consequences might flow from that. We have seen in much of the jurisprudence in this jurisdiction how particular member states can seek the surrender of an individual for very minor offences.Where the evidence in relation to a matter might not be strong, the danger is that one is encouraging such a state to use the framework, if I could go so far as to say, irresponsibly, to bolster its investigative powers rather than to actually seek someone's surrender, either to serve a sentence or to face a prosecution where a decision had already been rendered in that space.

In this instance, if we do not allow these amendments then we have a situation where they do not have to have made the decision to prosecute. They can merely be wishing to help the police with their inquiries, to use that euphemism that is so often used in the news here. I do not think that is an appropriate reason for somebody to be taken out of this jurisdiction and surrendered to another in circumstances where they might be entirely innocent and unconnected with the crime because there is not sufficient evidence to ground the prosecution or a decision has not been made in that space. I think the decision has to be have made before surrender can be sought.