European Arrest Warrant (Amendment) Bill 2022 passed by Oireachtas

The Minister for State with responsibility for Law Reform and Youth Justice, James Browne T.D., has welcomed the European Arrest Warrant (EAW) (Amendment) Bill passing all Stages in the Oireachtas.

The Bill makes a number of amendments to the existing European Arrest Warrant Act 2003 in order to ensure the continued efficient operation of the European arrest warrant system in the State.

The Bill also addresses issues raised by the European Commission with regard to the State’s transposition of the European arrest warrant Framework Decision.

The European arrest warrant is a simplified cross-border judicial surrender procedure for the purpose of prosecution or executing a custodial sentence or detention order. It replaces the lengthy extradition procedures that used to exist between EU Member States.

Welcoming publication of the Bill, Minister Browne said:

The amendments to the Bill ensure the continued efficient operation of the European arrest warrant system in the State. In preparing the Bill the Department undertook intensive consultation with relevant statutory offices and agencies including the Chief State Solicitor’s Office, the Director of Public Prosecutions and An Garda Síochána.

The European Arrest Warrant systems is vital to ensure that open borders and free movement across the EU are not exploited by those seeking to evade justice, especially in cases of serious offences that can be subject to effective criminal law enforcement across the EU.

ENDS

Notes to Editors

• The 2003 Act, which came into effect on 1 January 2004, gives effect to the Council Framework Decision of 13 June 2002, the most successful instrument of judicial cooperation in criminal matters in the EU.

• The system is based on the principle of “mutual recognition” and a European arrest warrant issued by one EU Member State's judicial authority is valid throughout entire territory of the EU.

• EU Member States may use the system to seek the return of a person who is wanted in that member state in relation to a crime. The warrant may be used to seek the return of the person to stand trial, face sentencing after conviction, or to serve a sentence already handed down by a court in that country.

• The 2020 report of the Irish Central Authority on the operation of the European arrest warrant, published by the Department of Justice in 2022, noted that arrest warrants received and issued during 2020 cited a wide range of offences. Among the principal offences cited were murder, grievous bodily harm, sexual offences including rape and sexual abuse of children, drug offences, robbery, assault, fraud, and human trafficking.

• There is still a European arrest warrant regime in place as a result of the EU-UK Trade and Cooperation Agreement and the UK remains the state which is the source of both the highest number of European arrest warrants received and issued by the State.