James Browne (Wexford, Fianna Fail) | Oireachtas source

I understand the point of the Senator's amendment is to formally inform the person concerned of their relevant rights after a section 18 postponement, as that is when they are most likely be at issue. There is a danger here of being overly prescriptive. The courts routinely provide this information at the point that is relevant to the person. Of course, the person is also almost always legally represented and advised that legal aid is available. In these circumstances, I cannot accept the amendment.

While I am on my feet, I will refer to amendment No. 21. In essence, it seeks to amend the Bill as proposed so that proceedings referred to in section 15(6) may not be determined after expiration of 40 days from the person's consent. This 40-day period in section 15 comes from Article 17 of the framework decision and that article speaks in terms of exceptional circumstances where an EAW cannot be executed within a 40-day limit. I think the Bill is accurately transposing the requirements of the framework decision.