Seanad Éireann debate -
Wednesday, 12 Dec 1973

Vol. 76 No. 4

Air Navigation and Transport Bill, 1973: Committee and Final Stages.

Sections 1 to 10, inclusive, agreed to.

SECTION 11.

Question proposed: "That section 11 stand part of the Bill."

Dr. West

I have been prompted by Senator Alexis FitzGerald who, I think, does not like to see these Bills getting away scot free on Committee Stage. There is a point on the problem of extradition which occurs in section 11 which the Minister mentioned in his opening address. He said:

It will be a matter for the Courts to determine whether or not the offence is a political offence.

Presumably, this would cover the hijacking of a BEA plane in Northern Ireland if it landed in this State. In case the hijackers should claim that their offence was a political offence, then, in such a situation, which is not beyond the bounds of possibility as we have seen, it would be up to the Courts in the Republic to determine whether the crime of hijacking that had been committed was a political crime or not. If it was determined not to be a political crime the hijackers would then be extradited. If it was a political crime they would be tried in the State. Is that the situation that would arise in that case?

Mr. P. Barry

I explained that. The example I gave was that, if a South American hijacked an American plane and flew it to Australia and if he came here 12 months later, we could prosecute him here. In that case it would be within our jurisdiction. We have the choice of either extraditing or prosecuting him here. The idea is to see that hijackers are prosecuted somewhere in the world for their crime. The case the Senator instanced there would be covered in this.

Dr. West

But the Minister says that we have the choice. Surely in this section, according to the example I gave, there would not be a choice: it would be up to the Courts to decide and there is no question of choice.

Mr. P. Barry

The question of whether the Courts should decide or not would only be when an extradition order came before them and if that did not come then we could prosecute them ourselves. If an extradition order came before the Courts then the Courts would decide as to whether extradition would operate.

Question put and agreed to.

Sections 12 to 20, inclusive, agreed to.

First Schedule agreed to.

Second Schedule agreed to.

Title agreed to.

Bill reported without amendment, received for final consideration and passed.