Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 17:

In page 8, to delete lines 28 to 38 and substitute the following: “(e) by the substitution of the following subsection for subsection (4):

“(4) Where the High Court makes an order under subsection (1) or (2), it shall—

(a) inform the person to whom the order relates of his or her right to make a complaint under Article 40.4.2° of the Constitution , within the period of 10 days referred to in paragraph (a) or (b), as applicable, of subsection (3),

and, unless it orders postponement of surrender under section 18,

(b) record in writing that the person concerned has consented to his or her being surrendered to the issuing state concerned and, where appropriate, that the person has renounced his or her entitlement not to be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered,

(c) order that that person be detained in a prison (or, if the person is not more than 18 years of age, in a remand centre) for a period not exceeding 20 days pending the carrying out of the terms of the order, and

(d) direct that the person be again brought before the High Court—

(i) if he or she is not surrendered before the expiration of the time for surrender under subsection (3A), as soon as practicable after that expiration, or

(ii) if it appears to the Central Authority in the State that, because of circumstances beyond the control of the State or the issuing state concerned, that person will not be surrendered on the expiration referred to in subparagraph (i), before that expiration.”.”.

Essentially what I propose is to replace the proposed subsection (4) with a number of provisions. I wonder if in fact I could just hear the Minister of State's view on the amendments before I explain them.