With your permission, a Cheann Comhairle, I wish to make a statement.
Following the Sunningdale Conference, the Irish Government and the Government of the United Kingdom jointly set up a commission to advise them on the most effective means, from a legal point of view, of bringing to justice fugitive political offenders in Ireland. The Commission completed their work and presented their report to both Governments on 25th April. I have today laid the report before the House, and copies are available in the Library.
I should like first to place on record my gratitude and the gratitude of the House to the members of the Commission for the care, skill and speed with which they performed their complex task.
The Irish Government and the United Kingdom Government reaffirm the view expressed by all parties at Sunningdale that persons committing crimes of violence, however motivated, in any part of Ireland should be brought to trial irrespective of the part of Ireland in which they are located. Agreement has been reached by both Governments on the action to be taken on the commission's report and a statement in similar terms is also being made to the House of Commons this afternoon by the Secretary of State for Northern Ireland.
The commission considered, but rejected, the establishment of mixed courts comprising judges from the Republic and Northern Ireland, and also as not offering a practicable immediate solution the setting up of an all Ireland Court. The commission agreed that it would be legally feasible to confer power on the courts in both parts of Ireland so that the courts in each part would be able to try certain specified crimes, wherever in Ireland they were committed. All the members recommended this as a method which could be introduced quickly. The United Kingdom members made it clear that they would have preferred the extradition solution but the members from the Republic could not advise that an agreement or legislation purporting to extradite fugitive political offenders would be valid under the Irish Constitution.
Both Governments have accepted the agreed recommendation contained in the report and, while retaining existing extradition arrangements, will introduce reciprocal legislation so that the courts in each part of Ireland will have jurisdiction to try under their own domestic law certain offences wherever committed in Ireland. It is clear from the report that all the members of the commission are confident that the extension of jurisdiction is not open to any valid objection in law.
The effect of this proposed legislation will be that in future those suspected of having committed certain specified terrorist offences in Northern Ireland but who have escaped to the Republic can be tried in the Republic, and those similarly suspected of such crimes in the Republic who have escaped to the North can be tried in Northern Ireland. The existence of this legislation should in itself deter those who commit such crimes in one part of Ireland from seeking refuge in the other part. It will remain open to both Governments to continue to seek extradition whenever they consider it appropriate as a means of dealing with fugitive offenders, and where extradition is sought but not achieved and sufficient evidence is available prosecution will be undertaken by the authorities of the part of Ireland in which the alleged offender is.
The two Governments have agreed that there will be the closest co-operation between the police forces in the investigation of offences.
The Attorney General and the British Attorney General have agreed that there will be the closest co-operation between the two Attorneys General and their staffs in conducting prosecutions based primarily or wholly on evidence obtained in the other jurisdiction and that this presents no difficulties which cannot and will not be overcome.
The two Governments have also agreed to accept the proposals in the report that special security arrangements should be made to encourage witnesses to travel into the other jurisdiction to give evidence; and to include in their respective legislation provisions to enable, in cases where witnesses are unwilling to travel, evidence to be taken on commission in the presence of the court, and of the accused if he wishes, in the way in which the commission recommended.
I am confident that the agreement I have announced today will be an important contribution towards bringing to trial those responsible for violence in Ireland. Equally important however is the prevention of these acts and the apprehension of those who are responsible. Both Governments believe that there is scope for improving Border security to deter terrorists from exploiting the Border and to increase the prospects of catching those who do, and I shall very shortly be meeting Mr. Rees, the Secretary of State for Northern Ireland, to discuss what can be done to improve further, the existing co-operation between the security forces on both sides of the Border.
