Yes. The Extradition (European Union Conventions) Act, 2001, which was signed by the President on 19 December 2001, gives effect in Irish law to the terms of the 1995 and 1996 EU conventions in Parts 2 and 3 respectively of the Act which was commenced on 20 March 2002. We thus have the domestic arrangements in place to enable Ireland to meet any obligations arising under the conventions, once ratified. The realities of the modern world, particularly the threat posed by terrorism to the lives of people and our democratic systems, make it essential that we examine ways of improving co-operation in combating crime and ensuring fugitives cannot escape justice by fleeing to another country. While the exceptional improvements in communications and transport in recent decades have facilitated greater cross-frontier movement generally, they have also helped fugitives to escape justice by fleeing from the state where they have committed offences to another jurisdiction. They often cross, not one, but several borders to escape justice. To counteract this we need efficient and effective extradition arrangements.
The tragic events in the USA last September were a shocking reminder that we must continue to ensure international boundaries will not be used by criminals to their advantage. Consequently, co-operation between states worldwide has taken on increased importance in the fight against crime. It is essential that law enforcement agencies actively promote measures to ensure those boundaries do not impede such co-operation. The 1995 and 1996 European conventions provide for more effective co-operation between EU member states in combating crime by expediting the bringing to justice of suspected criminals who seek to avoid prosecution by leaving the jurisdiction where the crime has been committed. There have been a number of initiatives at European Union level to combat the threat of terrorism. The Justice and Home Affairs Council of 20 September 2001 urged member states to take all necessary steps to bring the two conventions on extradition into force. In addition, the Justice and Home Affairs Council and the European Council the following day approved the commencement of negotiations among member states on a framework decision for a European arrest warrant. Intensive negotiations took place on this proposal, culminating in political agreement being reached before Christmas. The European arrest warrant has yet to be formally adopted, but it is expected it will happen soon. When it is adopted and the necessary legislative measures are put in place in member states - the indicative timescale is 1 January 2004 - it will replace existing extradition provisions between member states, including the 1995 and 1996 conventions we are considering today.
I will now outline some of the main features of the two conventions. The 1995 convention on simplified extradition procedures between member states of the European Union provides for a simplified procedure where the person sought consents to his or her surrender, with such consent to be given before the High Court which must be satisfied that the consent is given voluntarily and in full awareness of the consequences. Once consent is given and, where the person claimed is a citizen of Ireland, the Minister for Justice, Equality and Law Reform agrees, the person will be extradited. A person who has consented to his or her surrender may also consent to the Minister for Justice, Equality and Law Reform renouncing his or her right to the specialty rule - the rule whereby a person extradited for one offence may not be tried for other offences committed before his or her extradition - such consent to be recorded before the High Court. While the 1995 convention also provides that consent to surrender or revocation of the rule of specialty may not be revoked, it allows parties to opt out of this requirement by making a declaration to this effect on ratification. It is proposed that Ireland will make a declaration allowing persons to revoke their consent.
The 1996 convention relating to extradition between member states of the European Union extends the range of extraditable offences by lowering the threshold for extradition from 12 to six months imprisonment for the offence in the requested state, while remaining at 12 months in the requesting state. It also makes revenue offences extraditable and provides for the further improvement and simplification of procedures in a number of respects. For example, it makes changes in relation to the authentication and certification of documents and provides that extradition requests, documents and correspondence may be sent by facsimile transmission provided the facsimile machine is fitted with a cryptographic device to ensure authenticity and confidentiality. The convention also requires all states to designate a central authority to be responsible for transmitting and receiving extradition requests and supporting documentation. It is proposed that the Minister for Justice, Equality and Law Reform will be the central authority for Ireland.
The conventions provide effective and modern legal instruments which will assist in bringing to justice suspected criminals who leave the jurisdiction where the crime has been committed by providing for a more streamlined extradition procedure between member states. All Deputies will agree that we should constantly strive to update and improve extradition arrangements as we develop and reinforce co-operation in the judicial area between member states of the European Union. Ratifying these conventions will meet our international obligations and strengthen and considerably improve existing measures in the extradition area. I recommend that the committee should recommend to the Dáil that it approve the terms of the 1995 and 1996 European Union extradition conventions pursuant to Article 29.5.2° of the Constitution.
