Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 576: To ask the Minister for Justice, Equality and Law Reform the reason suspects subject to European arrest warrants were released in 2008 due to processing delays; and if he will make a statement on the matter. [31688/09]

Dermot Ahern (Louth, Fianna Fail)
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Three subjects of European Arrest Warrants were released in 2008 by order of the High Court because the issuing authority failed, in each case, to collect the subjects within the statutory time limit. There were no processing delays on the part of the Irish authorities in relation to the cases and, in each instance, the High Court had ordered surrender.

Under the provisions of the European Arrest Warrant Act 2003, as amended, a person, whose surrender has been ordered by the High Court, must be surrendered to the requesting state within 10 days from the date the Order takes effect. The Act provides for an extension of the time limit in certain circumstances. The courts in this jurisdiction have ruled that applications for such extensions must be made to the courts and that the issuing authorities must show good reason why it was not possible to collect the subject within the time limit. In each of the three cases in question, the Irish Central Authority for the European Arrest Warrant notified the issuing authorities of the Order for surrender and the time limit in accordance with standard procedures. In each case, the issuing authority was unable to collect the subject within the statutory time limit. Following legal proceedings in each case, the courts ordered release of the subjects on the grounds that the reasons advanced by the issuing authorities for failure to collect within the time-limit were not sufficient. As the Deputy will appreciate, the courts are, subject to the law and the Constitution, independent in the exercise of their functions and it is not open to me to make any comment in relation to these proceedings.

However, I can say that the Central Authority has raised the issue of non-collection with the authorities of a particular Member State. In response, the authorities in the state concerned have assured the Irish authorities that subjects will be collected on time. The Central Authority will continue to monitor the situation and take action as appropriate.