Seanad amendments Nos. 2 to 5, inclusive; Nos. 8 to 10, inclusive; Nos. 14 to 22, inclusive; No. 26; No. 36 and No. 47 are related and will be discussed together.
European Arrest Warrant (Amendment) Bill 2022: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 3: In page 5, between lines 25 and 26, to insert the following:
"Amendment of section 2 of Act of 2003
3. Section 2(1) of the Act of 2003 is amended—
(a) by the deletion of the definition of “Council Decision”,
(b) in the definition of “Schengen Convention”, by the substitution of “SIS Regulation” for “Council Decision”,
(c) in the definition of “SIS”, by the substitution of “SIS Regulation” for “Council Decision”, and
(d) by the insertion of the following definitions:
“ ‘flag’ means the addition to an alert by the SIRENE Bureau of a Member State, the Republic of Iceland or the Kingdom of Norway, pertaining to a European arrest warrant, to the effect that an action to be taken on the basis of the alert in accordance with Article 24 or 25 of the SIS Regulation will not be taken in the State;
‘remand centre’ has the same meaning as it has in section 3 of the Children Act 2001;
‘SIRENE Bureau’, in relation to a Member State, the Republic of Iceland or the Kingdom of Norway, means the authority designated by the Member State, the Republic of Iceland or the Kingdom of Norway, as the case may be, in accordance with Article 7 of the SIS Regulation to perform the functions referred to in that Article;
‘SIS Regulation’ means Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU, as amended by Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019, Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021, Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 2021 and Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 2022;”.”.
Seanad amendment agreed to.
Seanad amendment No. 2:
Section 4: In page 6, line 16, to delete “who” and substitute “whom”.
This group covers a number of amendments dealing with administrative, technical and typographical matters.
Amendment No. 2 is a grammatical correction amending the word "who" to "whom".
Amendment No. 5 deletes the words "in that state" in section 10(d) of the 2003 Act. This amendment arises from a decision of the High Court in the case of the Minister for Justice and Equality v. Gustas in 2021, which was the subject of an Article 26 reference to the Court of Justice of the European Union. In that case, surrender was sought on foot of a European arrest warrant issued by Lithuania where Norway had originally imposed a criminal conviction and sentence.
The High Court ultimately held that the wording of section 10(d) did not cover a situation where the sentence was imposed in another state and transferred, so the court was obliged to refuse surrender. This was despite the fact the conviction was recognised by Lithuania on foot of a bilateral agreement with Norway. Such a limitation is not necessary from a policy perspective and the proposed amendment will remedy this.
Amendments Nos. 3 and 4 are consequential textual amendments arising from the deletion of the words "in that state" in section 10(d) of the 2003 Act.
In relation to amendments Nos. 8, 9, 15, 16, 18 and 19, section 21A of the 2003 Act is being repealed and so references to it, including references to the provision by which it was originally inserted, are being removed accordingly.
Amendments Nos. 10 and 21 clarify the application of sections 15(5)(a) and 16(5)(a) of the 2003 Act which each deal with situations where surrender does not take place due to force majeure. Specifically, these amendments clarify that an order further detaining the person is made on the agreement of a new surrender date.
Amendments Nos. 14 and 26 correct cross-references. Amendments Nos. 17 and 20 are administrative textual amendments reflecting the fact that Part 3 of the 2003 Act contains both mandatory grounds prohibiting surrender and discretionary grounds by which surrender may be refused by the High Court.
Amendment No. 22 corrects a typographical error.
Amendment No. 36 is a minor technical amendment to the transit provisions of the 2003 Act to clarify that they apply to a person when the extradition proceedings are ongoing.
Amendment No. 47 is a technical drafting amendment.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 4: In page 6, to delete line 18.
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 4: In page 6, line 19, to delete “ “proceedings”.” and substitute “ “proceedings”, and”.
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 4: In page 6, between lines 19 and 20, to insert the following:
“(c) in paragraph (d), by the deletion of “in that state”.”.
Seanad amendment agreed to.
Seanad amendment No. 6:
In page 6, between lines 29 and 30, to insert the following:
“Amendment of section 13 of Act of 2003
6. Section 13 of the Act of 2003 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant, decide as soon as may be whether there has been compliance with the provisions of this Act, and, if so satisfied, shall, in accordance with the provisions of this Act, endorse the relevant arrest warrant for execution.”,
(b) in subsection (4)—
(i) in paragraph (b), by the substitution of “representation,” for “representation,
and”,
(ii) in paragraph (c), by the substitution of “an interpreter, and” for “an
interpreter.”, and
(iii) by the insertion of the following paragraph after paragraph (c):
“(d) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to paragraph (b), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”,
and
(c) in subsection (5)(c)—
(i) in subparagraph (ii), by the substitution of “representation,” for
“representation, and”,
(ii) in subparagraph (iii), by the substitution of “an interpreter, and” for “an
interpreter.”, and
(iii) by the insertion of the following subparagraph after subparagraph (iii):
“(iv) in the case of a Trade and Cooperation Agreement arrest warrant, and without prejudice to subparagraph (ii), obtain, or be provided with, professional legal advice in the issuing state for the purposes of assisting his or her legal representatives in the State in respect of the proceedings under this Act.”.”.
This amendment relates to section 6 and provides that where a person is arrested on foot of a Trade and Cooperation Agreement arrest warrant issued by the United Kingdom, they are to be advised of their right to legal advice in the United Kingdom for the purpose of assisting their legal representatives here.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 7: In page 7, between lines 18 and 19, to insert the following:
“Insertion of sections 14A and 14B in Act of 2003
8. The Act of 2003 is amended by the insertion of the following sections after section 14:
“Facilitation of hearing by judicial authority of issuing state
14A. (1) Without prejudice to Part 4 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, this section applies where—
(a) a relevant arrest warrant has been issued by a judicial authority in an issuing state, and
(b) a decision regarding whether to make an order directing that a person be surrendered has not been taken.
(2) Where this section applies, the High Court shall, where practicable and on being satisfied that it is not contrary to the interests of justice, upon receiving a request from a judicial authority of an issuing state to facilitate a person in respect of whom the relevant arrest warrant was issued appearing using a live video link between that judicial authority and the place where the person is located, direct that arrangements be made to facilitate the video link request.
(3) Where a request is made, regarding a relevant arrest warrant issued in respect of a person who the issuing state intends to prosecute for an offence to which the warrant relates, that arrangements pursuant to the applicable relevant provisions be put in place to facilitate the person being heard by a judicial authority of the issuing state, the High Court shall decide whether—
(a) subject to subsection (5), to order the temporary transfer of the person to the issuing state, or
(b) to direct that the person be heard in accordance with subsection (7).
(4) The High Court shall, in making its decision under subsection (3), have regard to the views of the person concerned.
(5) The High Court shall not order a temporary transfer under subsection (3)(a) unless it is satisfied that the person shall be able to return to the State to participate in proceedings relating to him or her to which this Act applies.
(6) Where the High Court decides under subsection (3)(a) to order the temporary transfer of a person to the issuing state, the High Court shall, with the agreement of the issuing judicial authority, determine the conditions and duration of the transfer.
(7) Where the High Court decides under subsection (3)(b) to direct that the person be heard in accordance with subsection (7), the High Court shall, subject to subsection (8), direct that the person be heard—
(a) by a judge of the High Court, nominated by the President of the High Court, assisted by a person designated by the issuing state, and
(b) without prejudice to paragraph (a), otherwise in accordance with the law of the State applicable to proceedings under this Act.
(8) The High Court may, with the agreement of the issuing judicial authority, agree such other conditions as may be required for the purposes of this section.
(9) In this section, ‘applicable relevant provisions’ in relation to a relevant arrest warrant means—
(a) in respect of a European Arrest Warrant, Articles 18 and 19 of the Framework Decision,
(b) in respect of a Trade and Cooperation Arrest Warrant, Articles 617 and 618 of the Trade and Cooperation Agreement, and
(c) in respect of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, Articles 21 and 22 of the EU-Iceland Norway Agreement.
Warrant for temporary transfer of person to issuing state
14B. (1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state.
(2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications:
(a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3),
(b) a reference in section 66 to—
(i) a person serving a sentence of imprisonment in a prison, and
(ii) a prisoner,
shall be construed as a reference to the person referred to in subsection (1),
(c) a reference in section 66 to a—
(i) designated state, and
(ii) requesting authority,
shall be construed as a reference to the issuing state,
(d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A),
(e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre,
(f) subsections (2), (3) and (6) of section 66 shall not apply, and
(g) any other necessary modifications.”.”.
Amendment No. 7 transposes Articles 18 and 19 of the European arrest warrant framework decision, and the comparable provisions of the Trade and Cooperation Agreement. It provides a mechanism whereby a person who is to be heard by a judicial authority in the issuing state may either be temporarily transferred to that state or heard in Ireland by a court assisted by a person nominated by that state.
The amendment also clarifies the availability of video link under similar circumstances. Given the development of the technology since the framework decision was introduced, it might be expected that this is more likely to arise in practice than the Article 18 or 19 procedure.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 9: In page 8, to delete line 13 and substitute the following:
“(a) in subsection (1)—
(i) in paragraph (c),
(I) by the deletion of “21A,”, and
(II) by the substitution of “sections 80” for “sections 79, 80”,
and
(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,”.
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 9: In page 8, to delete line 14 and substitute the following:
“(b) in subsection (2)—
(i) in paragraph (c),
(I) by the deletion of “21A,”, and
(II) by the substitution of “sections 80” for “sections 79, 80”,
and
(ii) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,”.
Seanad amendment agreed to.
Seanad amendment No. 10:
Section 9: In page 9, line 14, to delete “order” and substitute “on agreement of a date under subparagraph (i), order”.
Seanad amendment agreed to.
Seanad amendment No. 11 is grouped with Seanad amendments Nos. 12, 13, 23 to 25, inclusive, all of which are related and may be discussed together by agreement. Is that agreed? Agreed.
Seanad amendment No. 11:
Section 9: In page 9, to delete lines 18 to 28 and substitute the following:
“(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and”.
Amendments Nos. 11, 12, 23 and 24 deal with situations where surrender does not take place due to force majeure. These amendments provide for amendment to section 9, which amends section 15(5)(b) of the 2003 Act, and for amendment to section 10, which amends section 16(5)(b) of the 2003 Act. The amendments address a technical issue and clarify that it is the court rather than the central authority that must be satisfied that the force majeure circumstances continue to exist. 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 state 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 majeure circumstances, 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 deprivation of liberty". These amendments provide that the requested person would be admitted to bail on such terms and conditions as the court deems necessary to ensure they are available for surrender.
Amendments Nos. 13 and 25 clarify the obligations, where 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 and Eurojust to be informed, and clarifies the requirement to provide reasons when so doing.
I will take the opportunity to move my own amendment to Seanad amendment No. 13. This is the only additional amendment to the Seanad amendments that I am bringing today. It is a minor technical amendment. As I just stated, amendments Nos. 13 and 25 serve the same purpose and, as such, should be identical. Unfortunately, the words "on conclusion of those proceedings, and" which appear in amendment No. 25 were inadvertently omitted from amendment No. 13. I ask colleagues in the House to accept this minor technical amendment so that the Bill can be enacted and commenced as soon as possible.
Seanad amendment agreed to.
Seanad amendment No. 12:
Section 9: In page 9, to delete lines 29 and 30 and substitute the following:
“(c) in any other case, the High Court shall—
(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and
(ii) remand the person on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.”,”.
Seanad amendment agreed to.
Seanad amendment No. 13:
Section 9: In page 10, line 15, to delete “without delay and,” and substitute “and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and,”.
I move amendment No. 1 to Seanad amendment No. 13:
To insert after “finalised and,”, “on conclusion of those proceedings and”.
Amendment No. 1 to Seanad amendment No. 13 agreed to.
Seanad amendment No. 13, as amended, agreed to.
Seanad amendment No. 14:
Section 9: In page 10, line 20, to delete “subparagraph (i)” and substitute “paragraph (a)”.
Seanad amendment agreed to.
Seanad amendment No. 15:
Section 10: In page 10, line 33, to delete “and”.
Seanad amendment agreed to.
Seanad amendment No. 16:
Section 10: In page 10, to delete line 34 and substitute the following:
“(iii) in paragraph (d)—
(I) by the deletion of “21A,”, and
(II) by the substitution of “sections 80” for “sections 79, 80”,
and”.
Seanad amendment agreed to.
Seanad amendment No. 17:
Section 10: In page 10, between lines 34 and 35, to insert the following:
“(iv) in paragraph (e), by the substitution of “by, or refused under, Part 3” for “by Part 3”,”.
Seanad amendment agreed to.
Seanad amendment No. 18:
Section 10: In page 10, line 38, to delete “and”.
Seanad amendment agreed to.
Seanad amendment No. 19:
Section 10: In page 10, to delete line 39 and substitute the following:
“(iii) in paragraph (c)—
(I) by the deletion of “21A,”, and
(II) by the substitution of “sections 80” for “sections 79, 80”, and”.
Seanad amendment agreed to.
Seanad amendment No. 20:
Section 10: In page 10, after line 39, to insert the following:
“(iv) in paragraph (d), by the substitution of “by, or refused under, Part 3” for “by Part 3”,”.
Seanad amendment agreed to.
Seanad amendment No. 21:
Section 10: In page 11, line 32, to delete “order” and substitute “on agreement of a date under subparagraph (i), order”.
Seanad amendment agreed to.
Seanad amendment No. 22:
Section 10: In page 11, line 34 and 35, to delete “subparagraph(i)” and substitute “subparagraph (i)”.
Seanad amendment agreed to.
Seanad amendment No. 23:
Section 10: In page 11, delete lines 36 to 42, and in page 12, delete lines 1 to 4 and substitute the following:
“(b) the High Court shall continue to apply the provisions of paragraph (a) for so long as it is satisfied that the person will not be surrendered before the expiration of the period specified under paragraph (a)(ii) because of circumstances beyond the control of the State or the issuing state concerned, and”.
Seanad amendment agreed to.
Seanad amendment No. 24:
Section 10: In page 12, to delete lines 5 and 6 and substitute the following:
“(c) in any other case, the High Court shall—
(i) notify the issuing judicial authority without delay and, with the agreement of that authority, fix a new date for the surrender of the person, and
(ii) remand the person on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person was brought before it charged with an indictable offence) pending the carrying out of the order directing that the person be surrendered to the issuing state.”,”.
Seanad amendment agreed to.
Seanad amendment No. 25:
Section 10: In page 12, lines 23 to 25, to delete all words from and including “without” on line 23 down to “finalised,” on line 25 and substitute “and Eurojust without delay, provide reasons as to why the proceedings have not yet been finalised and, on conclusion of those proceedings”.
Seanad amendment agreed to.
Seanad amendment No. 26:
Section 10: In page 12, lines 29 and 30, to delete “subparagraph (i) of subsection (5)(a)” and substitute “paragraph (a)”.
Seanad amendment agreed to.
Amendments Nos 27 to 32, inclusive, are related and will be discussed together.
Seanad amendment No. 27:
Section 11: In page 13, line 11, to delete “Act,” and substitute “Act, or”.
Amendments Nos 27 to 32, inclusive, amend section 11 of the Bill, which inserts a new section 16A into the 2003 Act. The new section 16A provides that where the prescribed time limits are not met, that failure does not constitute a ground to refuse surrender, does not prejudice the requirement for the court to make a decision as to whether to endorse an arrest warrant for execution and does not preclude the continued detention of the person under the 2003 Act. Following legal advice, the provisions that provide the faiure does not prejudice the requirement for the court to make a decision as to whether to endorse an arrest warrant for execution, are not now required.
Amendments Nos. 28 and 31 delete these particular provisions.
Amendments Nos 27, 29, 30 and 32 are administrative textual amendments arising from that deletion.
Seanad amendment agreed to.
Seanad amendment No. 28:
Section 11: In page 13, to delete lines 12 and 13.
Seanad amendment agreed to.
Seanad amendment No. 29:
Section 11: In page 13, line 14, to delete “(c)” and substitute “(b)”.
Seanad amendment agreed to.
Seanad amendment No. 30:
Section 11: In page 13, line 17, to delete “Act,” and substitute “Act, or”.
Seanad amendment agreed to.
Seanad amendment No. 31:
Section 11: In page 13, to delete lines 18 and 19.
Seanad amendment agreed to.
Seanad amendment No. 32:
Section 11: In page 13, line 20, to delete “(c)” and substitute “(b)”.
Seanad amendment agreed to.
Amendments Nos. 33 and 38 are related and will be discussed together.
Seanad amendment No. 33:
Section 11: In page 14, to delete lines 1 to 4 and substitute the following:
“(a) in subsection (1), by the substitution of “the High Court, with the agreement of the issuing judicial authority, may direct that the person be temporarily surrendered to the issuing state” for “the High Court may, subject to such conditions as it shall specify, direct that the person be surrendered to the issuing state for the purpose of his or her being tried for the offence to which the relevant arrest warrant concerned relates”,”.
Amendment No. 33 addresses a limitation of the provisions in respect of outward temporary surrender in section 19 of the 2003 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 for the purpose of being tried in the other state, and determines the applicable conditions. This is being extended to allow for service of a sentence in the other state. This is in line with the provisions of the framework decision.
Amendment No. 38 provides that conditional surrender operates when the State makes such a request of another member state, similar to where a request is made of the State under section 19 of the 2003 Act.
Seanad amendment agreed to.
Seanad amendments Nos 34, 35 and 39 to 46, inclusive, are related and will be discussed together.
Amendment No. 34 relates to section 15 of the Bill. Where a person 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) of the Bill substitutes section 22(7) of the 2023 Act to provide for this obligation.
Amendment No. 35 would substitute section 16 of the Bill, which amends section 23 of the 2003 Act. Where a person has been surrendered from 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 of the request. This amendment clarifies this requirement.
Amendment No. 39 inserts a new section into the Bill, which will amend section 38 of the 2003 Act in respect of a refusal of surrender under that section. It will provide the High Court with a discretion to refuse surrender where previously it would have been obliged to refuse surrender.
Amendments Nos 40 to 42, inclusive, provide for administrative textual amendments to section 22 of the Bill, which amends section 41 of the 2023 Act.
Amendment No. 43 amends section 22 of the Bill, which amends section 41 of the 2023 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) that 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 omission for which surrender is sought, and is currently serving that sentence.
Amendment No. 44 provides for a further administrative textual amendment to section 22 of the Bill, which amends section 41 of the 2003 Act; clarifying the language around "detention" being a "period of detention".
Amendment No. 45 amends section 23 of the Bill, which amends section 42 of the 2003 Act. It provides the High Court with a discretion to refuse to order the surrender where such a discretion is required under the framework decision.
Amendment No. 46 amends section 44 of the 2003 Act to provide for an optional rather than a mandatory ground for refusing surrender in respect of certain offences committed outside the issuing state.
Seanad amendment agreed to.
Seanad amendment No. 34:
Section 15: In page 14, between lines 14 and 15, to insert the following:
“Amendment of section 22 of Act of 2003
15. Section 22 of the Act of 2003 is amended—
(a) by the substitution of the following subsection for subsection (7):
“(7) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, not later than 30 days after receipt of a request in writing from the issuing state in that behalf, consent to—
(a) proceedings being brought against the person in the issuing state for an offence,
(b) the imposition in the issuing state of a penalty, including a penalty consisting of a restriction of the person’s liberty, in respect of an offence, or
(c) proceedings being brought against, or the detention of, the person in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence,
provided that the offence is not—
(i) an offence for which his or her surrender would be prohibited by virtue of Part 3, or
(ii) an offence for which his or her surrender would be refused under Part 3.”,
and
(b) by the repeal of subsection (8).”.
Seanad amendment agreed to.
Seanad amendment No. 35:
Section 16: In page 14, between lines 30 and 31, to insert the following:
“Amendment of section 23 of Act of 2003
16. Section 23 of the Act of 2003 is amended—
(a) by the substitution of the following subsection for subsection (5):
“(5) The High Court shall, in relation to a person who has been surrendered to an issuing state under this Act, and not later than 30 days after the date of the request being made, consent to the person being surrendered by the issuing state to a Member State pursuant to a relevant arrest warrant issued by a judicial authority in that Member State in respect of an offence, upon receiving a request in writing from the issuing state in that behalf, provided that the offence is not—
(a) an offence for which his or her surrender would be prohibited by virtue of Part 3, or
(b) an offence for which his or her surrender of a person would be refused under Part 3.”,
and
(b) by the repeal of subsection (6).”.
Seanad amendment agreed to.
Seanad amendment No. 36:
Section 18: In page 15, between lines 4 and 5, to insert the following:
“Amendment of section 28 of Act of 2003
18. Section 28(4) of the Act of 2003 is amended by the substitution of “is being” for “has been”.”.
Seanad amendment agreed to.
Seanad amendment No. 37:
Section 19: In page 15, between lines 14 and 15, to insert the following:
“Amendment of section 33 of Act of 2003
19. Section 33 of the Act of 2003 is amended by the insertion of the following subsections after subsection (4):
“(4A) The High Court, sitting otherwise than in public, may, upon an application made by a member of the Garda Síochána, approve the making temporarily unavailable of an alert for a period not exceeding 48 hours in respect of a person where it is satisfied—
(a) that the person is the subject of an ongoing criminal investigation, and
(b) that the purpose of the criminal investigation cannot be achieved by any other measure.
(4B) The period for which an alert may be made unavailable may be extended by the High Court for a further period not exceeding 48 hours upon an application by a member of the Garda Síochána that is made before the expiry of the period approved under subsection (4A).”.”.
This amendment transposes a provision of Schengen information system regulation in the field of police co-operation and judicial co-operation in criminal matters, which requires that prior authorisation to make an alert temporarily unavailable be granted by "the competent judicial authority". The amendment sets out a procedure to do this.
Seanad amendment agreed to.
Seanad amendment No. 38:
Section 21: In page 17, between lines 16 and 17, to insert the following:
“Conditional surrender to State pursuant to relevant arrest warrant
21. The Act of 2003 is amended by the insertion of the following section after section 36:
“Conditional surrender to State pursuant to relevant arrest warrant
36A. (1) The High Court may—
(a) on the application of the Director of Public Prosecutions, and
(b) where a judicial authority of an executing state indicates that it may temporarily surrender a person to the State pursuant to a relevant arrest warrant,
agree with the judicial authority the conditions of such a temporary surrender.
(2) The conditions agreed under subsection (1) shall be recorded in writing.
(3) Without prejudice to the generality of subsection (1), the conditions agreed under that subsection may include—
(a) that the person shall be returned to the executing state on conclusion of the criminal proceedings in respect of the offence specified in the relevant arrest warrant, notwithstanding that the person may be required to serve a term of imprisonment by virtue of the imposition of a sentence by a court in the State in respect of that offence, and
(b) that the currency of a sentence imposed in the State shall not be suspended notwithstanding the return of the person to the executing state.
(4) In this section, ‘executing state’ means, in relation to a relevant arrest warrant, a Member State (a judicial authority of which has ordered the arrest and conditional surrender to the State, pursuant to the relevant arrest warrant, of a person in respect of whom that warrant was issued).”.”.
Seanad amendment agreed to.
Seanad amendment No. 39:
Section 21: In page 17, between lines 16 and 17, to insert the following:
“Amendment of section 38 of Act of 2003
22. Section 38 of the Act of 2003 is amended—
(a) in subsection (1)—
(i) by the substitution of “A person” for “Subject to subsection (2), a person”, and
(ii) in paragraph (a), by the substitution of “it is the case that” for “the offence corresponds to an offence under the law of the State, and”,
and
(b) by the insertion of the following subsection after subsection (1):
“(1A) Subject to subsection (2), the surrender of a person to an issuing state under this Act in respect of an offence may be refused where the offence does not correspond to an offence under the law of the State.”.”.
Seanad amendment agreed to.
Seanad amendment No. 40:
Section 22: In page 17, line 34, to delete “sentence of imprisonment” and substitute “sentence of imprisonment or period of detention”.
Seanad amendment agreed to.
Seanad amendment No. 41:
Section 22: In page 17, line 38, to delete “detention, or” and substitute “detention,”.
Seanad amendment agreed to.
Seanad amendment No. 42:
Section 22: In page 17, line 41, to delete “offence.”,” and substitute “offence, or”.
Seanad amendment agreed to.
Seanad amendment No. 43:
Section 22: In page 17, between lines 41 and 42, to insert the following:
“(c) where that sentence of imprisonment or period of detention is currently being served by the person.”,”.
Seanad amendment agreed to.
Seanad amendment No. 44:
Section 22: In page 18, to delete lines 1 to 5 and substitute the following:
“(b) in subsection (2)—
(i) by the substitution of “The surrender of a person to an issuing state under this Act may be refused where the surrender is for the purpose of his or her being proceeded against in the issuing state” for “A person shall not be surrendered under this Act for the purpose of his or her being proceeded against in the issuing state”,
(ii) by the substitution of “sentence of imprisonment or period of detention” for “sentence of imprisonment or detention”, and
(iii) in paragraph (a), by the substitution of “sentence or period of detention” for “sentence”.”.
Seanad amendment agreed to.
Seanad amendment No. 45:
Section 23: In page 18, between lines 5 and 6, to insert the following:
“Amendment of section 42 of Act of 2003
23. Section 42 of the Act of 2003 is amended by the substitution of the following section for section 42:
“Proceedings in the State
42. The surrender of a person to an issuing state under this Act may be refused where the person is being prosecuted in the State for an offence consisting of an act or omission of which the offence specified in the relevant arrest warrant issued in respect of him or her consists in whole or in part.”.”.
Seanad amendment agreed to.
Seanad amendment No. 46:
Section 24: In page 18, between lines 10 and 11, to insert the following:
“Amendment of section 44 of Act of 2003
24. Section 44 of the Act of 2003 is amended by the substitution of “The surrender of a person to an issuing state under this Act may be refused where” for “A person shall not be surrendered under this Act if”.”.
Seanad amendment agreed to.
Seanad amendment No. 47:
Section 26: In page 19, to delete line 19.
Seanad amendment agreed to.
A message will be sent to Seanad Éireann acquainting it that Dáil Éireann has agreed to amendments Nos. 1 to 12, inclusive, and and amendments No. 14 to 47, inclusive, made by Seanad Éireann to the European Arrest Warrant (Amendment) Bill 2022 and that Dáil Éireann has agreed to amendment No. 13 made by Seanad Éireann with an amendment thereto, to which the agreement of Seanad Éireann is desired.