asked the Minister for Justice whether the non-commissioned officer of the British Army who was recently arrested by the Garda Síochána in Dublin and handed over to the British authorities, was informed of the grounds on which he was arrested, and also informed of the offence alleged against him which warranted his arrest by the Garda Síochána; and, if so, whether the Minister will give particulars of all information conveyed to the non-commissioned officer in this regard; furthermore, whether the Minister will state the nature of the arrangement with the British Government under which action of the kind mentioned is taken by the Garda Síochána.
Ceisteanna—Questions. Oral Answers. - Arrest of British Non-Commissioned Officer.
This man was arrested on a warrant which was issued in Great Britain and was endorsed for execution here in accordance with Sections 29 and 31 of the Petty Sessions (Ireland) Act, 1851, as adapted by the Petty Sessions (Ireland) Act, 1851, Adaptation Order, 1938. I am informed that the warrant was read over to him at the time of his arrest, and that he was left in no doubt as to the grounds for his arrest. There is no interGovernmental arrangement, but the law here and in Great Britain provides for reciprocal enforcement of warrants in criminal cases.
Is the Minister aware that the law he refers to was a law that was brought into force when this country was part of Britain for purposes such as this, and that the position has changed or ought to have changed since the establishment of the republic? Will the Minister see that Acts such as the Acts referred to are amended so that a citizen of——
That is a different question.
So that a citizen of Great Britain will enjoy immunity here. Is that it?
I do not want to put the question differently at all. I want to put the position to the Minister that the arrangement he has mentioned in answer to my question is unsatisfactory at the moment; that it should be looked into and that the law ought to be altered in regard to it as soon as possible.
The law as it stands has been in force since 1938. Whatever arrangement exists between the two countries is satisfactory and it is, in my opinion, working to our benefit—to the benefit of the Irish people. You would have a different situation arising altogether if you had to have a treaty for extradition, and so forth. While this arrangement stands and as long as it is the law of this country I am perfectly satisfied with its operation.
Does the Minister realise that some years ago when a person was kidnapped and brought across the Border there was great objection in this country and that this process of legal kidnapping now is objectionable in the new circumstances——
Does the Deputy want criminals to be left free to roam around this country?
May I say that that is a very objectionable observation? I want to ask the Minister if he is aware that there is objection to this kidnapping of people under the guise of law and bringing them into and outside the territory of the State?
The Minister is aware that there may be objections by certain sections. As the law stands, a citizen of England who comes across the Border escaping from the law in Britain——
From military law in Britain.
——from the law in Britain or a person escaping from the law here who goes to Britain—the arrangement is that under this particular section they are all given back to their own country for trial. I think that is quite a sound arrangement.
Would the Minister agree——
Question No. 31.