Joe Costello (Dublin Central, Labour)
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Question 432: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to an announcement by the British Home Secretary of changes in the criminal law in that country to provide that juries in child sex abuse and theft cases will in future be told of a defendant's previous convictions as a matter of course; if he has discussed these proposals with the Home Secretary; if such a change in the law is likely to impact on extradition arrangements with the United Kingdom; if, in particular, he will be obliged by section 50(2)(bbb) of the Extradition Act 1965 to direct the release of a person arrested for extradition to Britain, on the grounds that it would be unjust, oppressive or invidious to deliver that person up for trial there under such rules; and if he will make a statement on the matter. [27309/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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While I am aware of the changes referred to by the Deputy, I have had no discussions with the Home Secretary on these matters. In so far as extradition arrangements are concerned, the Deputy will be aware that, with effect from 1 January last, the European arrest warrant, EAW, has replaced previous extradition arrangements between Ireland and the United Kingdom. Those previous arrangements were based on Part III of the Extradition Act 1965. Part III, which included section 50(2)(bbb), was repealed by the European Arrest Warrant Act 2003.

The mechanism of the European arrest warrant is primarily a judicial process and, while based on a high level of confidence between member states and on the principles of mutual recognition of judicial decisions in criminal matters, both the framework decision on the EAW and the European Arrest Warrant Act 2003 provide that the courts retain a discretion to refuse surrender on a number of grounds relating to the protection of human rights and the observance of fair procedures and due process. For example, section 37 of the European Arrest Warrant Act 2003 provides, inter alia, that a person shall not be surrendered under the Act where his or her surrender would contravene the State's obligations under the European Convention on Human Rights or, subject to section 38(1)(b) of the Act which relates to dual criminality, would constitute a contravention of any provision of the Constitution.