James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendments Nos. 19 and 34 provide for amendment to section 9, which amends section 15 of the 2003 Act, and for the amendment of section 10, which amends section 16 of the 2003 Act. Where a member state is unable to surrender a person within the time limits required, and that failure is due to circumstances beyond the control of that member or the issuing state, the 2003 Act provides that a new date for surrender is agreed and the requested person is detained in custody pending that surrender.

Where the failure to effect surrender on time is for reasons other than these force majeurecircumstances, however, Article 23.5 of the framework decision requires that the requested person, if in custody, must be released. Ireland's obligation to surrender the requested person remains extant and the CJEU has held that where the requested person must be released under Article 23.5, the executing member state is obliged to take any measures it deems necessary to prevent that person from absconding, with the exception of measures involving their provision of liberty. These amendments will provide that the requested person be admitted to bail on such terms and conditions as the court deems necessary to ensure they are available for surrender.