Jim O'Keeffe
Question:18 Mr. J. O'Keeffe asked the Minister for Justice whether, following recent court decisions and discussions in the Anglo-Irish conference, he will introduce legislation to amend our law on extradition.
Ceisteanna — Questions. Oral Answers. - Extradition Law.
No. I do not see any need for further legislation in this area at this stage. Deputies will, of course, be aware of the decisions of the High and Supreme Courts in the Ellis case.
Let us dispose of one red herring — the question of the political offence exemption did not arise in the Supreme Court in the Ellis case. Does the Minister accept that he has a responsibility to bite the bullet on the issue of extradition and to ensure that obvious loopholes in our laws are closed?
I remain of the view that the case for amending legislation has not been made and I have been confirmed in that view by the decision of the High Court in the Ellis case. The 1987 Act gives full effect to the obligations we assumed on signing the European Convention on the Suppression of Terrorism. The legislation accords with international norms in regard to the limitations it places on the political offence defence for extradition purposes. We should not forget that Ireland is one of only eight countries to have acceded to the convention without entering a reservation. The remaining 14 parties to the convention have entered reservations which have the effect of making their legislation in this area less stringent than ours. We have had only one case — the Ellis case — in which the 1987 Act has been judicially considered and the decision in that case will, I hope, have addressed at least some of the fears that those who question the adequacy of the legislation may have had. In those circumstances, it would be most unusual to amend the Act before it has been further and fully tested in the courts. Regarding political exemption, that matter was decided upon by the President of the High Court.
I will again remove that red herring — it was not even pleaded in the Supreme Court. Will the Minister not accept that not only my party but others including his partners in Government, are supported by informed objective commentators in the opinion that the present law is inadequate? Does he accept the basic principle that no person charged with offences of violence against the person or offences relating to firearms or explosives should be entitled to hide behind the political offence exemption? Will the Minister give a straight "yes" or "no" answer to that?
We have a body of legislation here in relation to extradition. For example there is the Extradition Act of 1965; the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 and the Extradition (Amendment) Act, 1987, three Acts in operation in relation to extradition. The Deputy need have no doubts but that this Government, and I as Minister for Justice, will implement the provisions and decisions of those Acts. The Deputy can take it that the manner in which the extradition was handled — once the Supreme Court decision had been taken — in relation to Ellis is an indication of the Government's determination in this area. In the future if there proves to be need for changes, then we can examine the position but as far as the legislation at present in place is concerned it is working. We also have the extra territorial legislation. I might add that the legislation in existence has been tried in the most recent case, that being the Ellis case, under the provisions of the 1987 Act. If defects or deficiencies arise in the future we can then examine the legislation but the legislation in place has been tested once only.