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Dáil Éireann díospóireacht -
Wednesday, 17 Feb 1993

Vol. 426 No. 2

Ceisteanna-Questions. Oral Answers. - European Convention on the Suppression of Terrorism.

Mary Harney

Ceist:

6 Miss Harney asked the Minister for Justice if, in relation to the use of non-automatic weapons and the possession of firearms and explosives, she considers the provisions of the European Convention on the Suppression of Terrorism to be adequate; and if she will make a statement on the matter.

As the Deputy will no doubt be aware the Council of Europe Convention on the Suppression of Terrorism was opened for signature in 1977 and was ratified, without reservation, by Ireland in 1987.

The Convention set out to list certain types of offences which, of their nature, were regarded as offences which should not, for the purposes of extradition, be regarded as political offences or offences connected with political offences. In the view of the Committee of Minister of the Council of Europe expressed in 1991 and repeated earlier this year the main value of the Convention lies in principle not in the enumeration of the kind of offences but rather in the political message which is conveyed by the Convention.

I share the views of the Committee of Ministers in so far as this expression of principle is concerned and, while the wording of the Convention might be amended to include reference to nonautomatic weapons or to make more explicit references to possession of weapons or explosives, I also agree with the Committee of Ministers that, at present, there is no realistic prospect of securing agreement to amend the Convention in this regard.

I wish the Minister well in her new portfolio and I am pleased that we have such a woman in this job.

I am disappointed with the Minister's response in that she does not appear to see the need to amend our extradition laws. Does she believe that it is acceptable as a political offence that those in possesion of firearms and explosives are free from extradition from this country in accordance with the Supreme Court decision of November 1991? Is the Minister aware that her predecessor gave a commitment to this House on 15 October that the Government was preparing, as a matter of urgency, legislation to close off the loophole? Is work on that legislation continuing and when will it be published? Why was no reference made to this proposed legislation in the programme for Government? Will the Minister contrast the speed with which the Government introduced legislation following a court decision five days ago with the fact that 14 months later we are still waiting for legislation to close off a disgraceful loophole? No Member could accept that anybody in possession of firearms and explosives possesess them for anything other than terrorist activities.

The question refers to the European Convention on the Suppression of Terrorism. In relation to Irish Law, the commitment made by my predecessor stands. That legislation is in the course of preparation and I do not believe the Deputy would want me to say in advance what it may or may not contain. I will bring proposals to Government. While that legislation is not specifically mentioned in the programme for Government, the Deputy will be aware that it was mentioned in the communique following the first Anglo-Irish Conference meeting which the Tánaiste and I had in London. The legislation is being prepared as a matter of priority in my Department.

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