Vol. 396 No. 3
56 Mr. Garland asked the Minister for Justice whether in a case where the subject of an extradition appeal has had an appeal turned down by the Supreme Court, he will exercise or has ever exercised the powers given to him under section 50 (4) of the Extradition Act, 1965.
Section 50 subsection (4) of the Extradition Act, 1965, as amended, confers on me a limited discretion to direct the release of a person arrested under Part III of that Act on foot of a warrant of arrest endorsed in accordance with that Part. That discretion is confined to the grounds set out in paragraphs (a) and (b) of subsection (2) of section 50. Under these provisions the Minister for Justice may issue a direction if he is of the opinion that:
(a) The offence to which the warrant relates is a political offence or an offence connected with a political offence, an offence under military law which is not an offence under ordinary criminal law, a revenue offence, or
(b) That there are substantial reasons for believing that the person named or described in the warrant will, if removed from the State, be prosecuted or detained for a political offence or an offence under military law which is not an offence under ordinary criminal law.
Section 50 confers jurisdiction on the High Court to direct a person's release on these same grounds and on a number of others as well. It has been the view of successive Ministers for Justice, and it is my view, that decisions on such matters are best left for the courts to make on the basis of sworn evidence provided in open court.
