I move amendment No. 1:
In page 8, line 25, after "made," to insert "and upon the Court being satisfied that such certificate has been presented in accordance with this Act,".
I welcome the Minister to the House. I welcome the Bill which will facilitate this country in fulfilling its obligation to co-operate with international tribunals in relation to in particular the genocide which has taken place in Rwanda and the former Yugoslavia and to make sure that the people who are responsible for mass killings do not go unsanctioned, that they can be extradited to face trial and that they can be properly punished.
Amendment No. 1 seeks to improve the Bill with a view to ensuring its constitutionality. It states that the Minister shall produce a certificate but that it shall be "upon the Court being satisfied that such certificate has been presented in accordance with this Act".
The danger in the section is that the Minister would compel the court on production of the certificate to make an arrest order and that would be effectively shifting the power from the court to the Minister — the Minister would be compelling the court in that respect. That would involve a mixing of functions. It would be proper in legal and constitutional terms to allow for the court to be satisfied that such a certificate supplied by the Minister is in fact in accordance with the Act. The point is quite simple. That particular discretion being retained by the court in respect of the Minister's certificate would ensure that the constitutionality of this section would be respected and that there would be no question of legal action which might in fact overturn the Minister's certificate.
I ask the Minister to seriously consider this amendment.