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Seanad Éireann · 2024-02-28

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

FF Robbie Gallagher · Labour Panel

Party shown is the one held on 2024-02-28, frozen at parse time — not the speaker's party today.

Summary of this debate

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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, s pecifically to clarify an order further detaining the person is made only once and a new surrender date is fixed. Amendments Nos 5 and 12 are related and will be discussed together by agreement. 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. Amendments Nos. 6 and 13 are related and will be discussed together by agreement.

Built by scoring every sentence in the debate on how distinctive its language is, then quoting the highest-scoring ones back word for word and in the order spoken. Nothing is paraphrased or invented — if a sentence appears here, it was said in the chamber. Drawn from 513 words across 11 contributions by 4 speakers.

Most used terms in this debate

How often each word appears across the whole debate, ranked by how distinctive it is to this debate rather than common to all parliamentary language.

surrender 7
amendments 12
nos 9
amendment 9
majeure 3
clarify 5
section 5
pecifically 1
technical 3
agreed 4
issuing 2
references 2

The full debate

All 11 contributions, start to finish, in the order they were made. The one you came here for is highlighted.

CC Gerry Horkan

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.

FF James Browne

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, s pecifically 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.

FG Barry Ward

I acknowledge and thank the Minister of State for accepting my amendment on Committee Stage.

CC Gerry Horkan

Amendments Nos 5 and 12 are related and will be discussed together by agreement.

FF James Browne

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.

CC Gerry Horkan

Amendments Nos. 6 and 13 are related and will be discussed together by agreement.

FF James Browne

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.

FF James Browne

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.

CC Gerry Horkan

When is it proposed to take the next Stage?

FF Robbie Gallagher this contribution

Now.

CC Gerry Horkan

Is that agreed? Agreed.