James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendment No. 45 relates to section 15. Where a person who has been surrendered to an issuing state and the issuing state wishes to prosecute the person for other offences, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is obliged to give its consent. Section 15(a) substitutes section 22(7) of the 2003 Act to provide for this obligation, while amendment No. 46 would substitute section 16 of the Bill, which amends section 23 of the 2003 Act. Where a person has been surrendered by Ireland to an issuing state and that state wishes to surrender the person to another state, the consent of the High Court is required. If the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is required to provide its consent within 30 days. This amendment clarifies this requirement.

On amendment No. 47, Article 28(3) of the EAW framework decision provides that where the conditions of the EAW framework decision are met and no grounds for non-execution apply, the High Court is obliged to give its consent in respect of onward surrender to another member state. The High Court does not have discretion in those circumstances and, therefore, I cannot accept the amendment.

Amendments Nos. 52 to 54, inclusive, and amendment No. 56 provide for administrative and textual amendments to section 22 of the Bill, which amends section 41 of the 2003 Act arising from the insertion of a new paragraph in amendment No. 45, while amendment No. 55 also amends section 22 of the Bill, which amends section 41 of the 2003 Act.

Section 41 of the 2003 Act deals with the legal principle of double jeopardy. This amendment inserts a new paragraph (c) in section 41(2), and provides that a person will not be surrendered to an issuing state if that person has been sentenced by a third country in respect of an act or admission for which surrender is sought and is currently serving that sentence.

Amendment No. 56 provides for further administrative and textual amendments to section 22 of the Bill, which amends section 41 of the 2003 Act, clarifying the language around detention being a "period of detention".

I hope I did not bore the young people too much with all of that.