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SELECT COMMITTEE ON FOREIGN AFFAIRS debate -
Wednesday, 13 Dec 2000

Vol. 3 No. 4

Extradition Act, 1965, (Application of Part II) Order, 2000.

The committee will now consider the Extradition Act, 1965 (Application of Part II) Order, 2000. I welcome the Minister of State and her officials. I understand that the order, when made, will consolidate existing orders made under Part II of the Extradition Act, 1965, to update the list of State parties to the convention dealt with in the previous orders and give effect in domestic law to international obligations already undertaken by the State pursuant to other international agreements dealing with extradition. I understand an urgent extradition request has been received which makes it necessary to make this draft order as soon as possible.

Happily, I have had the opportunity to look at this order. Last week I insisted on getting a copy and eventually got one. The order is formidable. It runs to 202 pages of important information couched in technical language. I know something about extradition, having been frequently involved in it. I find it difficult to undertake a study of an order this length. I telephoned Mr. Kingston, legal adviser to the Department, and happily he was able to explain rapidly and clearly the background to the order, its nature and what it does.

I thought the attention of the committee should be drawn to what is new in the order, which is a consolidation order, that was not in a whole range of existing orders which will be repealed and consolidated into one like this. As it was explained to me, the main new element is a list of states which have acceded to the European Convention and which had not acceded at the time we made the last main order in 1987. We do not, therefore, have reciprocal arrangements with them until we make this new order. One of these states has submitted an urgent request, which this State is anxious to facilitate before Christmas. I do not want the committee to seek identification of the state involved because it could only alert the individual concerned.

I understand all the new states involved are European states. I also understand that Ireland has bilateral treaties only with two states, the US and Australia, and that discussions are taking place with a view to finalising a bilateral treaty with Canada. I am sure there are other countries throughout the world outside the Council of Europe where it may well be advisable to have bilateral treaties.

I emphasise that this applies only to Part II of the 1965 Act and that the main part of the 1965 Act relates to the UK, but the arrangements with the UK are different and are not carried out by way of treaty but by a different system of "backing of warrants", as it is called in the Act. Over the years most of our concern with extradition has tended to be with the UK and the different parts of it and not so much with the other countries, but increasingly extradition to and from other countries has become very important, not least in the drugs context. Perhaps the Minister of State will make a statement on the matter and we will then have questions.

Thank you, Chairman. You have explained the legal background probably better than I could. The urgency about this arises from a request pending, so it is important to ratify the order as it cannot be acceded to until then. It is a consolidation extradition order and the motion will be placed before the House on Friday. It will consolidate all the orders currently in force and will update the lists of states which are parties to the European Convention on extradition, the Hague Convention and the Montreal convention. It will also give effect in Irish law to the international obligations undertaken by Ireland with regard to extradition in a number of multilateral conventions.

In this case the draft order has been prepared by the Department of Foreign Affairs and has been updated to take account of the new states which are party to the multilateral conventions. It does not affect our arrangements with the UK, where most of our extradition takes place, but there is an urgency to ratify this. It is largely a consolidation order and I thank the committee for its speedy consideration of the matter.

Chairman, as you and the Minister of State have emphasised the importance of approving this draft order, I propose we do so accordingly.

I have no objection to this. Although it is long and complicated, it is a valuable document. It is also valuable to have all our non-UK extradition arrangements consolidated in one document because from now on one need only refer to it when dealing with any extradition matter outside the UK. Considerable work has gone into preparing this. It is heavy and difficult work. I am glad it is up to date and that all the countries which have acceded to the European Convention on Extradition are now included. Has any of the current membership of the 42 or 43 members of the Council of Europe not acceded?

Have Russia, the Ukraine and Moldova acceded to it?

Moldova, Russia, Latvia, the Ukraine and Romania.

It is one thing to sign up, whether there will be delivery is another matter. The question of non-European extradition will become increasingly important. I am aware of negotiations with Canada. Has the Minister any other countries in mind?

It is unsatisfactory that Ireland has extradition arrangements only with European countries and two others. What about Japan?

The protection of human rights is a consideration in making extradition agreements with any country. It is not just one way on the basis that when an extradition request is made to us we might not send the individual back if we are not satisfied with the requesting country's human rights arrangements.

There are one or two on your list about which I would not be too happy.

Where such countries support capital punishment.

Countries must undertake not to use capital punishment.

We refuse to send people back if capital punishment is the penalty to be imposed.

The extradition order is agreed and a message to that effect will be sent to the Clerk of the Dáil. We will take the other item on 17 January 2001.

I will advise the Minister to that effect.

If we have queries in the meantime may I ring somebody such as Mr. Kingston, especially in regard to the racism issue? It would shorten the meeting if we could deduce some matters in advance.

I am sure we can make that arrangement. I wish I was able to answer a myriad of questions, Chairman, but if you would like personal contact with somebody, I am sure we can arrange that.

The committee went into private session at 4.35 p.m. and adjourned at 4.45 p.m.

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