Amendments Nos. 28 and 29 are related and may be taken together by agreement.
SECTION 37.
I move amendment No. 28:
In page 34, subsection (2), lines 42 and 43, to delete "superintendent of the Garda Síochána" and substitute "Garda Commissioner".
I am accepting both amendments.
Amendment agreed to.
I move amendment No. 29:
In page 35, subsection (7), line 39, to delete "a superintendent of the Garda Síochána" and substitute "the Garda Commissioner".
Amendment agreed to.
Question proposed: "That section 37, as amended, stand part of the Bill."
Section 37 (1) deals with service in the State of process issued outside the State. The section states:
This section shall have effect where the Minister receives from the government of, or other authority in, a country or territory outside the State——
(a) a summons.. . ,
or
(b) a document. . .
Would that cover a parliamentary committee in states where parliamentary committees are empowered to subpoena witnesses, as many legislative committees around the world are, and, presumably, our committees will be in time? For instance, suppose a committee of the national assembly in Italy was carrying out Mafia investigations and wanted to subpoena documentation or persons.
My second question is on section 37 (4) which states in part that:
. . .he will not be proceeded against, sentenced, detained or otherwise restricted in his personal freedom in that country or territory in respect of any offences committed before his departure from the State other than the offences specified in the summons or process unless that person ——
Why is this provision being put in? Furthermore, how will we ensure that it will be complied with?
In relation to the first question, I had thought at first that a parliamentary committee would be included but on looking at section 37 (1) (a) and (b) it specifically mentions criminal proceedings in that country, and it also mentions a decision of the court made in the exercise of that jurisdiction. It probably means that a parliamentary committee would not be included so I will have to raise that matter with the parliamentary draftsman and see what the situation is. In this country the parliamentary committee system has not reached the same level as in other countries where they certainly have very substantial powers and perhaps they should not be excluded under the Bill. In relation to the Deputy's other question on section 37 (4), this is specifically to implement Article 12 of the Mutual Assistance Convention. That is the only reason it is there.
How do you actually ensure that it is complied with? Is it written into the law of the State where they are applying it?
All we can do in relation to another country which is seeking somebody here is facilitate them in serving whatever documentation is necessary. After that it is up to them. If they want the person back then it is up to them to institute extradition proceedings against that person.
Question put and agreed to.