Mr Walsh is presently remanded at E Block of Portlaoise Prison and is contesting an extradition request from the UK over charges arising from an MI5 operation with the PSNI codenamed ‘Arbacia’ into the alleged activities of the New IRA.

This case was initially before the Supreme Court in Dublin and appeared previously before the Court of Justice of the European Union in June 2024. However, it has been referred back to the Luxembourg Court. At the hearing yesterday, submissions were made on behalf of the applicant, the justice minister, the UK Government and the EU Commission over the compatibility and proportionality of new sentencing laws since Brexit and whether they are now, in practice, harsher and thus in violation of Art. 49 EU Charter of Fundamental Rights, notwithstanding the possible breaches of Art. 7 European Convention on Human Rights.

Mr Mulholland said: “This is a highly complex case in one sense given then implications of Brexit and the UK now as a non-EU Member State, but also simple in the context of determining whether the UK’s Counter-Terrorism and Sentencing Act 2021 is compatible with EU jurisprudence. 

“I accept that the ramifications of this case may have wide-reaching impacts upon the UK’s ability to seek the extradition of individuals throughout the EU, however this is inevitable when you are no longer in the EU club and enacting legislation without consideration of EU’s fundamental provisions nor obligations under the Trade and Cooperation Agreement.

“It is my strong view that the UK Government made itself abundantly clear with multiple announcements and in their Queen’s Speech at the time, when it openly stated the changes to their statute books was to ensure ‘the most serious offenders serve more time in prison’. It is therefore disingenuous for the UK Government to submit that there are no changes that would render a sentence under their new terrorism legislation any harsher where in reality defendants no longer have the equivalent remission and longer periods on draconian licencing conditions. I look forward to reading with interest Advocate General Szpunar’s opinion next month.”