asked the Minister for Justice if the review of the operation of Part III of the Extradition Act, 1965, to be undertaken before the end of the current year by the Government, has been initiated; if it has been completed; and when the report will be available to the Houses of the Oireachtas.
Ceisteanna — Questions. Oral Answers. - Extradition Legislation Review.
9.
What is provided for in the Extradition (Amendment) Act, 1987, is an annual report by the Government to each House of the Oireachtas on the operation, in the preceding year, of Part III of the Extradition Act 1965 to be made as soon as may be after 1 January. The review proper will commence immediately after the end of the year but the necessary monitoring of the operation of Part III has been in progress throughout this year.
The report to each House of the Oireachtas will be made as soon as possible in the New Year.
I am slightly puzzled because in a speech which the Minister made in this House on a Fine Gael Private Members' motion on 28 June of this year he stated that the review in question must be undertaken before the end of the current year in order to enable the Government to fulfil their statutory obligation to submit the report as soon as may be after 1 January 1989. The Minister now seems to be indicating that this review will not commence until the beginning of next year. My understanding of the statutory obligation is that the report must be produced as soon as may be after 1 January. Can the Minister tell us if this is not the case? Secondly, can the Minister tell us if the review of the entire extradition arrangements between Ireland and Britain is being carried out by his Government acting on their own or are they doing so in conjunction with the Government of the UK?
The Deputy must understand that responsibility for legislation in the Oireachtas rests with the Government and not with any other government. Secondly, in regard to the Deputy's question on the annual report, as I said, the Extradition (Amendment) Act, 1987 provides for an annual report by the Government to each House of the Oireachtas on the operation in the preceding year of Part III of the Extradition Act, 1965, to be made as soon as may be after 1 January.
A report is provided for, not a review.
That is laid down in the Act. The review proper will commence immediately after the end of the year but the necessary monitoring of the operation of Part III has been in progress throughout this year.
Without wishing to repeat what I have already said, I draw the attention of the House to the fact that the Minister gave a different undertaking in June of this year. Can the Minister tell us if he has made an order extending the rule of specialty to Part III of the 1965 Act, the part which prevents extradition other than for the charges mentioned on the extradition order, as was provided for in the Extradition (Amendment) Act, 1987 and, if not, why? Does he not believe that it is a necessary safeguard in the extradition process?
With regard to the question on the safeguards contained in the 1987 Extradition (Amendment) Act and whether or not they will be reviewed, that is a separate matter. I would refer the Deputy to an answer which I will be giving later on in the afternoon to a question tabled by Deputy Kennedy.
With respect——
I am calling on Deputy Seán Barrett.
I think all of us on this side of the House are confused because my understanding is that the Extradition (Amendment) Act lasts only for a period of one year unless renewed by both Houses of the Oireachtas, as a result of an amendment I tabled on behalf of my party when bringing this Act into being last December. Therefore, it is necessary for the Minister to come before this House before the end of the year to renew this Act or has a decision been taken by the Government that the Extradition (Amendment) Act, 1987 will not be renewed?
The requirement that an annual report be provided is outlined in section 6 and because of the confusion which appears to exist let me outline what it provides for. Section 6 provides that the Government shall as soon as may be after the first day of January in each year, beginning with the year 1989, make a report to each House of the Oireachtas on the operation, in the preceding year, of Part III of the Principal Act. The Principal Act is the Extradition Act, 1965 and Part III provides for the simplified backing of warrant arrangements which we operate with Britain and Northern Ireland. That report or review, or whatever one may wish to call it will, therefore, cover the extradition arrangements we operate with Britain and Northern Ireland in their entirety. It will include the new safeguards contained in the 1987 Act such as the new sections empowering the Attorney General to direct that a warrant will not be endorsed unless he is satisfied of certain matters because they were effected by amendments to Part III of the Act.
The Minister has not answered my question. The Extradition (Amendment) Act will cease to operate unless renewed by both Houses of the Oireachtas. An amendment was accepted on Report Stage which specified that this Act would remain in being for a period of 12 months unless renewed. I would like to know whether the Act will be renewed prior to the expiry date?
In conjunction with that question, in order to clarify matters, can the Minister tell us whether he accepts if that legislation passed last December is not renewed then the requirement for a report lapses and we are talking in a vacuum?
There is no doubt whatsoever that the Act is going to be renewed. There is no question in the world about that and there never has been. I made that quite clear here last Wednesday.
The Minister will have to come back into the House before 31 December to be able to do it.
Can the Minister tell us in respect of the review whether he will be reviewing the various motions passed by Fiann Fáil Cumainn up and down the country calling for the withdrawal——
I call on Deputy Gay Mitchell.
If that is the best contribution Deputy Taylor can make, let it be noted.
It is a fact of political life——
Can the Minister tell us in respect of the review of Part III of the Extradition Act, 1965, if he will be taking into account the reported comments of the British Attorney General that the Criminal Law Jurisdiction Act rather than the Extradition Act could be applied in respect of a number of cases?
All such matters will be taken into account.
Because of the interruptions I did not clearly hear what the Minister said in regard to the question on the renewal of the 1987 Extradition (Amendment) Act. Therefore, can he tell us whether it is proposed to renew that Act?
I have already answered that question.
I did not hear it. There was noise in the House.
I think I have given an answer to that question on at least three or four occasions during the course of this discussion.
Can the Minister tell me; it will not break his heart.
Let him whisper it.
Question No. 10 in the name of Deputy Gay Mitchell. I want to deal——
May I ask a final supplementary question?
I have allowed the Deputy a lot of latitude today and I hope she will now co-operate with the Chair and help us to make some more progress.
I appreciate that. Will the Minister indicate whether he believes that the rule of specialty should apply in the same way as it does under Part II of the 1965 Act? Should it apply in respect of extradition transactions between Britain and Ireland or does he not regard it as one of the necessary safeguards?
The Deputy should understand that the Government's position will be fully explained at the appropriate time.
The Minister has not made the order——
The Deputy should stop trying to pre-empt decisions and announcement that will be made by the Government on this very important matter within a reasonable short period of time.
The Minister has had a year in which to do it.
We are not going to do so by way of questions and answers or supplementary questions. That is not the way in which to do so and the Deputy should know that.