Seanad debates

Wednesday, 28 February 2024

European Arrest Warrant (Amendment) Bill 2022: Report and Final Stages

 

10:30 am

Photo of Gerry HorkanGerry Horkan (Fianna Fail)
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Before we commence I remind Senators that they may speak only once on Report Stage, except the proposer of an amendment who may reply to discussion on the amendment. Also, on Report Stage each non-Government amendment, of which I do not think there are any, must be seconded. Amendment No. 1 is a Government amendment and it arises from Committee proceedings. Amendments Nos. 1 to 4, inclusive, and 7 to 11 inclusive, and 14, 16 and 17 are related and may be discussed together by agreement. Is that agreed? It is agreed.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank the Acting Chair. All of these are technical amendments. Amendment No. 1 is a grammatical correction and I thank Senator Ward for bringing this to our attention. With regard to amendments Nos. 2, 3, 8 and 9, section 21A of the Act is being repealed and references to it, including references to the provision by which it was originally asserted, are being removed accordingly.Amendments Nos. 4 and 10 clarify the application of section 15(5)(a) and section 16(5)(a) which deal with situation where surrender does not take place due to force majeure specifically to clarify an order further detaining the person is made only once and a new surrender date is fixed.

Amendments Nos. 7 and 14 correct cross-references. Amendments Nos. 11 and 17 correct typographical errors. Amendment No. 16 is a minor technical amendment to the transit provisions to clarify that they apply to a person when the extradition is ongoing.

Photo of Barry WardBarry Ward (Fine Gael)
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I acknowledge and thank the Minister of State for accepting my amendment on Committee Stage.

Amendment agreed to.

Government amendment No. 2:

Amendment agreed to.

Government amendment No. 3:

Amendment agreed to.

Government amendment No. 4:

Amendment agreed to.

Photo of Gerry HorkanGerry Horkan (Fianna Fail)
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Amendments Nos 5 and 12 are related and will be discussed together by agreement.

Government amendment No. 5:

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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Amendments Nos. 5 and 12 also deal with situations where surrender does not take place due to force majeure.These amendments address a technical issue with the amendments made to sections 15(5)(b) and section 16(5)(b) to clarify that it is the court rather than the central authority that must be satisfied that the force majeure circumstances continue to exist.

Amendment agreed to.

Photo of Gerry HorkanGerry Horkan (Fianna Fail)
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Amendments Nos. 6 and 13 are related and will be discussed together by agreement.

Government amendment No. 6:

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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Amendments Nos. 6 and 13 clarify the obligations for the consideration of an appeal or an article 40 application, prevents the determination of surrender proceedings within the relevant time limit that the court causes the issuing judicial authority on Eurojust to be informed and clarifies the requirement to provide reasons when so doing.

Amendment agreed to.

Government amendment No. 7:

Amendment agreed to.

Government amendment No. 8:

Amendment agreed to.

Government amendment No. 9:

Amendment agreed to.

Government amendment No. 10:

Amendment agreed to.

Government amendment No. 11:

Amendment agreed to.

Government amendment No. 12:

Amendment agreed to.

Government amendment No. 13:

Amendment agreed to.

Government amendment No. 14:

Amendment agreed to.

Government amendment No. 15:

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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This addresses a limitation of the provisions in respect of temporary surrender in section 19 of the Act. This arises where a person has been sentenced in the state for a separate offence but their surrender is sought by the issuing state. The court has a discretion to allow their temporary surrender to be tried in the other state and determines the applicable conditions. This is being extended to allow service of a sentence in the other state. This is in line with the provisions of the framework decision.

Amendment agreed to.

Government amendment No. 16:

Amendment agreed to.

Government amendment No. 17:

Amendment agreed to.

Bill, as amended, received for final consideration.

Photo of Gerry HorkanGerry Horkan (Fianna Fail)
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When is it proposed to take the next Stage?

Question, "That the Bill do now pass", put and agreed to.

Cuireadh an Seanad ar fionraí ar 1.25 p.m. agus cuireadh tús leis arís ar 4 p.m.

Sitting suspended at 1.15 p.m. and resumed at 4 p.m.