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Dáil Éireann díospóireacht -
Tuesday, 29 Nov 1988

Vol. 384 No. 8

Private Notice Questions. - Father Patrick Ryan Extradition Warrants.

I have had Private Notice Questions from a number of Deputies concerning matters appertaining to Father Patrick Ryan. I propose to call the Deputies in the order in which they submitted their questions to my office. I call, therefore, in the first instance, Deputy Geraldine Kennedy.

I regret, a Cheann Comhairle, that the comprehensive nature of my Private Notice Question had to be changed. My question is to ask the Minister for Justice if he will urgently make a statement on the warrants issued by the British authorities for the extradition of Father Patrick Ryan and if the warrants will be executed.

asked the Minister for Justice if warrants seeking the extradition of Father Patrick Ryan have been received from the British authorities; when the warrants were received; if it is intended to execute the warrants; if so, the arrangements which are being made to have them served; and if he will make a statement on the matter.

The next question is in the names of Deputies Dick Spring and Mervyn Taylor and I now call Deputy Dick Spring.

asked the Minister for Justice if a determination will be made in respect of the extradition warrants in the case of Father Patrick Ryan by the Attorney General as a matter of extreme urgency, in view of all the circumstances involved; in making his determination, the documentation which the Attorney General will have regard to; if the Attorney General's conclusions, together with his reasons for reaching those conclusions, will be made public; and if he will make a statement on the matter.

asked the Minister for Justice if, as a matter of urgency, he will make a statement on the warrants received for the extradition of Father Patrick Ryan; and if it is intended to execute the warrants.

I propose to take the four Private Notice Questions together. For obvious reasons it is not normal practice to disclose whether warrants of this kind exist in relation to a particular individual.

However, given the exceptional circumstances of this case, I can confirm that warrants for the arrest of Father Patrick Ryan were received by the Garda Commissioner from the London Metropolitan Police at 3 a.m. on Saturday, 26 November.

In accordance with the provisions of the Extradition Acts, 1965 and 1987, the warrants and associated documents furnished by the British authorities are being considered by the Attorney General. I am advised by the Attorney General that it is not yet possible to say when that process will be completed but that it will, of necessity, take some time.

The question of the execution of the warrants does not, therefore, arise at this stage.

It is a matter for the Attorney General to decide what information he requires to discharge his functions under the legislation, which provides specifically for the Attorney General forming his opinion, "having considered such information as he deems appropriate". Any documentation or other information which the Attorney General might take into consideration are, therefore, matters which come solely within the realm of the statutory functions assigned to him under the recent legislation. It would not be appropriate for me to make any further comment on this aspect of the matter.

I could not give any undertaking that the Attorney General's conclusions in the case and his reasons for reaching those conclusions would be made public. Such an undertaking would create a precedent which would not be in the public interest and there is an obvious possibility that publication might also be prejudicial to the interests of the person who is the subject of the warrants.

Before dealing with any supplementary questions that may arise, I would remind Deputies of the content of section 4 of the Extradition (Amendment) Act, 1987. That section prohibits communications with the Attorney General and other specified persons for the purpose of influencing the making of a decision to give a direction under that Act — that is, of course, communication other than the proper communication of information relevant to the giving of a direction. I am confident that Deputies will observe the spirit of that provision in the course of anything further that is said here today on this matter.

I believe it is very important and in the interests of this country——

This is Question Time. I have allowed the Deputy to put a question.

I wish to ask the Minister to assure the House that the law will be allowed to take its full course in this case and that Father Ryan will be extradited, if the Attorney General is satisfied that there is a sufficiency of evidence and that a charge for a specific offence will be preferred. I further wish to ask the Minister to inform the House if the warrants received by the Irish authorities for the extradition of this person are identical to those preferred to the Belgian authorities and whether any guarantees were given to the Belgian authorities, or to Father Ryan or his legal representatives. Will the Minister also assure the House that the Attorney General will be free, after this morning's Cabinet meeting to exercise his discretion on the matter?

The Chair has an obligation to dissuade Members from putting a series of questions of this kind in omnibus form. It is not appropriate.

I have already explained in detail to the House the procedures that have to be followed by the Attorney General in dealing with this issue. The Deputy need have no fear whatsoever but that the law will be allowed to take its full course.

With regard to the warrants sent by the British authorities and whether they were identical to the warrants sent to Belgium, I have not seen the warrants sent to Belgium, but I am given to understand that the charges on the warrants sent here are substantially the same as were before the Belgian courts last week.

Is it normal practice for the Garda authorities to divulge the existence of warrants for the extradition of people from this State? Does the Minister consider that the disclosure of such information alerts the people concerned who may be required to answer such charges and would he dissuade whoever is responsible for announcing the existence of these warrants from doing so?

I am not aware that an announcement was made by the Garda as to the existence of the warrants.

Prior to Father Ryan's arrival on a military plane from Belgium had the Government to give an assurance to the Belgian Government that Father Ryan would not be handed over to military or other custody? Second, is the Attorney General expecting further documentation on this matter from the British Attorney General?

I am slow to answer the first part of the question for one reason only, that is that it broadens the scope of the question which was put to me, but in this instance I feel I should tell Deputy Spring and the other Members of the House that no assurances whatsoever were given by the Government to any government or for that matter to anybody in regard to this issue. With regard to the second part of the Deputy's question, as I have already said in my reply, the Attorney General has a job to do with regard to seeing what is involved and when he has a decision to announce, I am sure he will do so immediately.

Would the Minister comment on the fact that members of Father Ryan's family are quoted as saying they have been given certain assurances by members of the Government that Father Ryan would not be extradited to Britain, if he was returned here? Also would the Minister comment on this morning's newspaper reports that the Attorney General was briefing the Government on the matter, a procedure which would seem to me not to be in conformity with the obligations of the Attorney General according to the 1987 Act? Would the Minister comment also on a further report in a newspaper this morning that the British Attorney General had been told by the Irish Attorney General that there was no problem with the warrants? I hope this will be taken on board.

I hesitate to interrupt Deputy Barry, but the Deputy knows full well that quotations at Question Time are not in order.

Will this be brought to the notice of the British authorities?

I refer Deputy Barry to the reply given by me to the supplementary question raised by Deputy Spring on the question of assurances. The same answer applies to the section of Deputy Barry's supplementary question in this regard. With regard to that part of his supplementary question concerning newspaper reports and the Attorney General's role again I feel I should repeat that the role of the Attorney General in instances such as this is clearly spelled out in statute. That role will be followed diligently by the Attorney General which is what we would all want him to do.

With regard to the final part of the question, Deputy Barry should know full well that it never has been the practice to disclose the contents of discussions or of what happens between people at Attorney General level or, in deed, at ministerial level, on matters of importance.

The media feel free to comment.

This case will be decided on facts and not on media reports, whether in the Irish press or particularly, the British press.

I welcome that statement from the Minister. Given the purported statements of the British Government in the media, particularly today, have the Irish Government seen fit to send a message to London to confirm, as the Minister has told this House, that the decision will be made by the Attorney General on a judicial basis.

I have no doubt in my mind, and neither should any Member of the House, that the British Government are fully aware of the statutory role of the Irish Attorney General in this matter. I do not think it is necessary for me in the course of supplementary questions to reaffirm that role. It is provided for in the Statute Book and it will be fully fulfilled by the Irish Attorney General.

That would not appear to be the case, so far as the media reports are concerned.

Today, I tabled a Private Notice Question, Sir, on the imminent danger, in the absence of Government investment, of the collapse of the Swansea-Cork ferry service. In your wisdom you did not allow my question. In the circumstances and in view of the urgency of the matter I seek leave to raise this vital issue on the Adjournment.

I will communicate with the Deputy.

I seek your permission to raise on the Adjournment the future of the accident and emergency unit at the North Infirmary in Cork and the future of accident and emergency services in general in that city.

I will communicate with the Deputy.

I wish to raise on the Adjournment the inadequate search and rescue service off the west coast.

I will be in touch with the Deputy concerning the matter.

I wish to raise on the Adjournment the threatened closure of the cardiac unit at the South Infirmary/Victoria Hospital complex in Cork.

I will communicate with the Deputy.

I wish to raise on the Adjournment the urgent need for the commencement of a building programme at St. Aidan's School in Whitehall.

I will be in touch with the Deputy about that matter.

I wish to raise on the Adjournment the subject matter of Question No. 35 on last Thursday's Order Paper and the refusal of the Minister for Energy to divulge the number of tenders received for the sale of immature forest at Dundrum, County Tipperary. In his reply he said that the information is, for obvious reasons, confidential. That is a disgrace.

It is not necessary to elaborate now. I will communicate with the Deputy.

I wish to ask the Taoiseach when it is proposed to bring forward legislation regarding the extension of the role of SFADCo to the north Kerry region.

It is hardly relevant now.

Legislation is pending.

Is this legislation promised?

It is not on the Order of Business yet.

That does not make any difference.

I wish to raise on the Adjournment a matter which I have attempted to raise before, that is, the administration and preparation of the development plans for the seven EC Structural Fund regions and the exclusion of public representatives and others from that process.

I will communicate with the Deputy.

I wish to raise on the Adjournment the pending closure of the Babygro plant in Belmullet, the last remaining employer in the region.

I will communicate with Deputy Kenny concerning that matter.

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