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Dáil Éireann debate -
Tuesday, 17 May 1988

Vol. 380 No. 7

Ceisteanna—Questions. Oral Answers. - Meeting with Northern Ireland Secretary.

1.

asked the Taoiseach whether he discussed with the Northern Ireland Secretary the current difficulties relating to extradition at his meeting with him on Wednesday, 4 May 1988; if following their meeting these difficulties have now been resolved; and if he will make a statement on the matter.

2.

asked the Taoiseach if he will make a statement on his recent meeting in Dublin with Mr. Tom King; the topics covered in the meeting; and the initiatives. if any, which are expected following the meeting.

I propose to take Questions Nos. 1 and 2 together.

It is not the practice to give details of subjects discussed at private meetings such as the one I recently had with the Secretary of State for Northern Ireland, Mr. Tom King. The meeting provided a useful opportunity for an exchange of views on current issues and concerns in Anglo-Irish relations.

The operation of extradition arrangements in accordance with the provisions of the Acts of the Oireachtas governing these matters has been discussed between the Attorney General and the British Attorney General over a period and these arrangements will be implemented in appropriate cases.

Will the Taoiseach indicate what arrangements have been agreed between the British and Irish Attorney General in regard to implementing the provision of the 1987 Extradition Act? In particular, will he indicate what information our Attorney General will regard as appropriate within the meaning of the Act to form an opinion that the British authorities, when they seek to extradite someone to Britain, have a clear intention to prosecute and that that intention is based on the existence of sufficient evidence?

That is exactly the position. Our legislation stipulates that the Attorney General shall give a direction that a warrant is not to be endorsed unless, having considered such information as he deems appropriate, he is of the opinion that there is a clear intention to prosecute and that that intention is founded on the existence of sufficient evidence. That is the position which will operate and each case will be decided by the Attorney General on the basis of the provisions of the Acts of the Oireachtas.

In relation to Question No. 2, does the Taoiseach consider that the exchanges which took place between him and Mr. King have helped in any way towards the meeting with Unionist leaders which the Taoiseach indicated he is anxious to have? Does the Taoiseach consider that the discussions he has had with Mr. King will have any effect on the Unionist parties who recently indicated that they are anxious to talk?

Those two issues are not really connected in any way.

Will the Taoiseach indicate, in the context of the reply to my question, what the British authorities are expected to do to ensure that the Attorney General is of the view that there is sufficient evidence to warrant an extradition? Will the British authorities detail all the evidence in their possession upon which a prosecution must be based? Will guidelines be published so that the basis upon which the Attorney General makes his decision is known and the nature of the evidence which must be supplied to him? Will the Taoiseach further indicate whether there is any agreement with the British authorities as to the length of time the Attorney General will take in considering any particular warrant referred to him? Will there——

May I ask for brevity?

Have a monitoring committee been established to ensure the proper workings of the Extradition Act and to ensure that no further misunderstandings arise between the office of the Attorney General and the office of the British Attorney General?

No, there is no question of any time limits. I can only repeat that it is a matter, under our legislation, for the Attorney General here to decide in each case what he requires.

Is it not agreed what will be supplied to him?

I cannot accept a question from a Deputy who is in a sitting position.

Cases will vary greatly and there will be different requirements for different cases but it will be a matter for the Attorney General to decide on a case by case basis. As the Deputy knows, the courts will be involved in extradition proceedings.

Has it been agreed between the Attorney General's office in this country and the British Attorney General as to the normal way in which extradition warrants will be dealt with? Will it be on an ad hoc basis from case to case?

It will be on a case by case basis. I do not think it would be possible to standardise it, as the Deputy knows well from his experience of criminal cases.

A final supplementary from Deputy De Rossa.

Will the Taoiseach say if Mr. King briefed him in relation to his own discussions with the parties in Northern Ireland? Is it proposed to have any further meetings with Mr. King outside the Anglo-Irish Conference?

I can only repeat that it is not in order for me to say what was discussed at the meeting. I am always prepared to meet anybody — well, nearly anybody — in the political area when such a meeting appears advantageous or helpful.

A brief supplementary from Deputy Shatter.

Will the Taoiseach indicate how many warrants in respect of extradition are currently outstanding to be processed?

That seems to be a separate question.

Will the Taoiseach confirm that there will be no hesitation in endorsing warrants to extradite those who are charged with serious terrorist offences?

The law of this land will be fully complied with.

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