Select Committee on Legislation and Security debate -
Tuesday, 25 Jan 1994

SECTION 38.

Question proposed: "That section 38 stand part of the Bill."

Mr. G. Mitchell

I have a query on section 38 (2) and (3). Section 38 (2) states:

Service of any process outside the State by virtue of this section shall not impose any obligations under the law of the State to comply with it and accordingly failure to do so shall not constitute contempt of any court or be a ground for issuing a warrant to secure the attendance of the person in question.

Section 38 (3) states:

Subsection (2) of this section shall operate without prejudice to the service of any process on the person in question if subsequently affected in the State.

Can the Minister explain what is behind that? That seems to be some sort of saving amendment. What is the thinking behind these subsections?

Mrs. Geoghegan-Quinn

I understand that the inclusion of this subsection is to try to get foreigners, or non-nationals, to comply with this legislation. Rather than compelling them to come here we are trying to ensure that we get the necessary level of co-operation, and that when we do want to get a foreigner he or she will be encouraged to come here voluntarily.

Mr. G. Mitchell

May I take it that subsections (2) and (3) of this section — together with subsections (4) and (5) which appear to be reciprocal to the previous subsections I referred to in section 37 — are similar provisions to those being incorporated in the legislation of all countries invovled in reciprocal arrangements under these conventions?

Mrs. Geoghegan-Quinn

These provisions are standard provisions in the convention itself. As each country enacts legislation to ratify the convention, it is expected that they will include provisions in their legislation similar to ours.

Question put and agreed to.