Dáil Éireann debate -
Wednesday, 7 May 2003

Vol. 566 No. 1

Written Answers. - Human Rights Issues.

Aengus Ó Snodaigh

Question:

689 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the grave concerns regarding the negative implications for civil liberties and fundamental rights of the Criminal Justice (Terrorist Offences) Bill 2002 and the EU framework decision that occasioned it, which have been raised by the Human Rights Commission, the Irish Council for Civil Liberties, and other human rights groups across Europe; if he plans to meet with these groups to discuss and consider their concerns; and if he will make a statement on the matter. [12400/03]

Aengus Ó Snodaigh

Question:

690 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will explain the response of an official in his Department with respect to the Criminal Justice (Terrorist Offences) Bill 2002, reported on 4 February 2003, that the measures proposed in the Bill will not affect genuine freedom fighters by indicating the way in which his Department will determine the genuiness of persons; if his Department will be working from or developing a list of genuine and non-genuine organisations and movements; if so, the way in which this list will be compiled; the person who will compile it; the criteria which will be used; if such a list currently exists and is used by his Department; if so, the organisations on it; and if he will make a statement on the matter. [12401/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 689 and 690 together.

The Criminal Justice (Terrorist Offences) Bill 2002 was published on 18 December 2002. The Second Stage debate of the Bill concluded on 5 February last and the Bill was referred to the Select Committee on Justice, Equality, Defence and Women's Rights.

Prior to its publication, and pursuant to the provisions of the Human Rights Commission Acts of 2000 and 2002, the Bill was forwarded to the Human Rights Commission for examination and report by the Commission on any implications which it considered the Bill might have for human rights. On 4 March last the Commission submitted its observations on the Bill. In addition, I have recently received the views of the Irish Council for Civil Liberties on the Bill. Both the Human Rights Commission and the Irish Council for Civil Liberties raise a number of concerns in relation to the Bill. Committee Stage will provide an appropriate opportunity to address these concerns as well as the other matters raised by the Deputy. No meeting has been sought by the Human Rights Commission or the Irish Council for Civil Liberties.

I should add that the newspaper report of 4 February to which the Deputy's second question refers arose in the context of a posited situation involving an extradition request. The position in this regard is that extradition is subject to a number of safeguards including the right to refuse extradition where there are substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that a person's position would be prejudiced for any of these reasons. In addition, extradition would also depend on the existence of an extradition treaty or arrangement with the country concerned. The Bill does not change this situation. Consequently, the further questions posed by the Deputy do not arise in this context.

Question No. 691 answered with Question No. 684.