asked the Minister for Foreign Affairs if the Council of Ministers has recently discussed the harmonisation of the law relative to extradition and whether it is Government policy to request those countries to which this State is willing to extradite Irish citizens to reciprocate, both as regards extraditing their own citizens and the legal requirements pertaining to applications for extradition.
Ceisteana—Questions. Oral Answers - Extradition Law.
27.
The Deputy will be aware that the Council of Ministers has no competence in relation to extradition and I can also inform the Deputy that the Foreign Ministers meeting in political co-operation have not in recent years discussed the harmonisation of the law relating to extradition. The matter was, however, one of a number of topics discussed last year by a group of officials meeting under the auspices of European Political Co-operation who were considering legal co-operation. The discussion on extradition was inconclusive.
Ireland is a contracting party to the 1957 European Convention on Extradition concluded under the auspices of the Council of Europe. The convention coincides with our policy relating to extradition and our legislation closely follows its provisions which reflect the general international law on the issue. In relation to the extradition of nationals the convention allows contracting parties the right to refuse extradition of their nationals and several countries which are parties to the convention are precluded by their constitutional provisions or national legislation from extraditing their own nationals. However, such a party is obliged, if requested, to submit the case, in the words of the convention, "to its competent authorities in order that proceedings may be taken if they are considered appropriate". It is not Government policy, therefore, to request countries which are not in a position to extradite their nationals to consider doing so.
Regarding the question of reciprocity in relation to the legal requirements pertaining to applications for extradition these are also clearly set forth in that convention. These requirements are, therefore, the same for all contracting parties and it is a matter for the courts in the different jurisdiction to interpret these requirements.
I would draw the attention of the Deputy to the fact that extradition and the implementation of the European Convention are matters which fall within the responsibility of the Minister for Justice. As a former Minister for Justice and Minister for Foreign Affairs I thought the Deputy might have known that.
Will the Minister say it is now Government policy not to proceed with the signing of the European Convention on Extradition?
There is a doubt negative in that question. We are a contracting party to the European Convention on Extradition.
I am referring to the European Convention on Terrorism.
The question relates to extradition.
Will the Minister answer my supplementary?
I will answer that supplementary to the correct question when it is tabled.
The Minister will not answer the question then because he will refer it to the Minister for justice.