40.—F79[(1) Transit through the State of a person being conveyed from one country to another upon his surrender pursuant to an agreement in the nature of an extradition agreement may, subject to—

(a) any relevant extradition provisions,

(b) such conditions, if any, as the Minister thinks proper, and

(c) in circumstances where the country to which he is being conveyed is a Convention country, compliance with subsection (1A) (inserted by section 19(b) of the Extradition (European Union Conventions) Act, 2001),

be granted by the Minister upon a request to that effect by the country to which he is being conveyed.]

F80[(1A) Where a request to which subsection (1) applies is made by a Convention country, the following information shall be provided by or on behalf of the Central Authority in that country in writing to the Central Authority in the State, that is to say:

(a) such information as will enable the person to be identified by the Central Authority in the State,

(b) whether—

(i) there exists an arrest warrant or other document having the same effect as an arrest warrant under the law of the Convention country issued by a judicial authority in that country in respect of the person, or

(ii) the person has been convicted in the Convention country of an offence in respect of which he has been surrendered,

(c) the nature, and description under the law of the Convention country, of the offence in respect of which the person has been surrendered, and

(d) a description of the circumstances in which the offence—

(i) was committed, or

(ii) where the person has not yet been convicted of the offence concerned, is alleged to have been committed,

and the date and place of its commission or alleged commission, as may be appropriate.]

(2) The Minister may arrange for the supervision of such transit by the Garda Síochána and the person concerned shall be deemed to be in the custody of any member of the Garda Síochána accompanying him pursuant to such arrangement.

F80[(2A) (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a person who is being conveyed to a Convention country upon his surrender to that country pursuant to an agreement in the nature of an extradition agreement.

(b) Where an aircraft to which this subsection applies, for whatever reason, lands in the State, the Central Authority of the Convention country referred to in paragraph (a) shall, upon its landing or as soon as may be after it lands, comply with subsection (1A) and the said subsection (1A) shall apply subject to any necessary modifications.

(c) While an aircraft to which this subsection applies is in the State, a person referred to in paragraph (a) who is on board that aircraft shall be deemed to be in transit through the State and subsection (2) shall apply accordingly.]