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45 2003

European Arrest Warrant Act 2003

PART 4

Miscellaneous

Amendment of section 3 of Act of 1965.

47. —Section 3 of the Act of 1965 is amended by—

(a) the insertion in subsection (1) of the following definition:

“ ‘country’ includes territories for whose external relations the country concerned is responsible;”,

(b) the substitution of the following subsection for subsection (1A):

“(1A) For the purposes of the amendments to this Act effected by Part 2 of the Extradition (European Union Conventions) Act 2001 , ‘Convention country’ means—

(a) a country designated under section 4(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted by section 52 of the European Arrest Warrant Act 2003) of section 4 of the Extradition (European Union Conventions) Act 2001 , a country designated by that order, to which the provisions so specified apply.”,

and

(c) the substitution of the following subsection for subsection (1B) (inserted by section 9 of the Act of 2001):

“(1B) For the purposes of the amendments to this Act effected by Part 3 of the Extradition (European Union Conventions) Act 2001 , ‘Convention country’ means—

(a) a country designated under section 10(1) of that Act, or

(b) in such provisions of this Act as are specified in an order under subsection (1A) (inserted by section 52 of the European Arrest Warrant Act 2003) of section 10 of the Extradition (European Union Conventions) Act 2001 , a country designated by that order, to which the provisions so specified apply.”.

Laying of orders under Act of 1965 before Houses of Oireachtas.

48. —The Act of 1965 is amended by the substitution of the following section for section 4 (inserted by section 21 of the Act of 2001):

“4.—Every order under section 8 of this Act made after the commencement of section 48 of the European Arrest Warrant Act 2003 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

Application of Part II of Act of 1965.

49. —Section 8 of the Act of 1965 is amended by—

(a) the substitution in subsection (1) of—

(i) “Minister is” for “Government are” where it first occurs, and

(ii) “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”,

(b) the substitution in subsection (1A) (inserted by section 23 of the Act of 2001) of “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”,

(c) the substitution in subsection (2) of “Minister for Foreign Affairs may, after consultation with the Minister”, for “Government may”,

(d) the substitution in subsection (6) of “Minister for Foreign Affairs may, after consultation with the Minister,” for “Government may”, and

(e) the insertion of the following subsection:

“(9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended by section 49 of that Act), and may be amended or revoked accordingly.”,

and the said section 8 as so amended is set out in the Table to this section.

TABLE

8.—(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part in relation to that country.

(1A) Where at any time after the making of an order under subsection (1) a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply to that country.

(2) Where the Government have made an arrangement amending an extradition agreement the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare and the extradition agreement shall thereupon have effect as so amended.

(3) An order relating to an extradition agreement (other than an order under subsection (1A) (inserted by section 23(a) of the Extradition (European Union Conventions) Act 2001 )) shall recite or embody the terms of the agreement and shall be evidence of the making of the agreement and of its terms.

(3A) An order under subsection (1A) shall in relation to the extradition agreement concerned recite or embody the terms of any reservation or declaration entered to that agreement by a country to which the order applies, and shall be evidence of the reservation or declaration (if any) and of its terms.

(3B) An order under subsection (2) shall recite or embody the terms of the amendment and shall be evidence of the making of the arrangement amending the extradition agreement concerned and of the terms of the amendment.

(4) An order applying this Part in relation to any country otherwise than in pursuance of an extradition agreement, may be made subject to such conditions, exceptions and qualifications as may be specified in the order.

(5) Every extradition agreement and every order applying this Part otherwise than in pursuance of an extradition agreement shall, subject to the provisions of this Part, have the force of law in accordance with its terms.

(6) The Minister for Foreign Affairs may, after consultation with the Minister, by order revoke or amend an order under this section.

(7) On the revocation of an order applying this Part in relation to any country this Part shall cease to apply in relation to that country.

(8) A notice of the making of each order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(9) An order under this section in force immediately before the commencement of the European Arrest Warrant Act 2003 shall continue in force after such commencement as if made under this section (as amended by section 49 of that Act) and may be amended or revoked accordingly.

Repeal of Part III of Act of 1965.

50. —(1) Part III of the Act of 1965 is repealed.

(2) Where, before the commencement of this Act, a warrant issued by a judicial authority in a place in relation to which Part III of the Act of 1965 applies was—

(a) produced to the Commissioner of the Garda Síochána for the purposes of section 43 of the Act of 1965, or

(b) endorsed for execution under that Part,

then, notwithstanding the repeal of the said Part III effected by subsection (1), that Part shall, on and after the said commencement, continue to apply in relation to that warrant and the person named in that warrant shall be dealt with under and in accordance with that Part.

Amendment of Extradition (European Convention on the Suppression of Terrorism) Act 1987.

51. The Extradition (European Convention on the Suppression of Terrorism) Act 1987 is amended by the substitution of the following section for section 10:

“10.—(1) The Minister for Foreign Affairs may, after consultation with the Minister, by order direct that all or any of the provisions of this Act which would, apart from this section, apply only in relation to convention countries shall apply (subject to such exceptions, if any, as may be specified in the order) in relation to any country which is not a convention country and with which there is in force an extradition agreement (within the meaning of the Act of 1965) as they apply in relation to a convention country.

(2) The Minister for Foreign Affairs may, after consultation with the Minister, by order amend or revoke an order under this section including an order under this subsection.

(3) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to anything previously done thereunder.”.

Amendment of Act of 2001.

52. —The Act of 2001 is amended by—

(a) the insertion of the following subsection in section 4:

“(1A) The Minister for Foreign Affairs may by order designate a country (other than a Member State of the European Communities) as being deemed to have adopted in whole or in part the Convention of 1995 and any such order shall specify the provisions of this Part that apply to that country.”, and

(b) the insertion of the following subsection in section 10:

“(1A) The Minister for Foreign Affairs may by order designate a country (other than a Member State of the European Communities) as being deemed to have adopted in whole or in part the Convention of 1996 and any such order shall specify the provisions of this Part that apply to that country.”.