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Dáil Éireann díospóireacht -
Tuesday, 21 May 1996

Vol. 465 No. 6

Written Answers. - Extradition Application.

Liz O'Donnell

Ceist:

238 Ms O'Donnell asked the Minister for Justice if she will outline the circumstances surrounding the failed extradition of a person (details supplied) on 12 April 1996; if she will outline the full facts which lead to the original warrant not being presented at the court hearing; the persons who are responsible for the failed extradition; the reason for the delay in establishing these facts; and if she will make a statement on the matter. [10404/96]

I am informed by the Garda authorities that they have now completed their inquiries into the circumstances surrounding the application referred to in the question. It has been established that an original warrant was in fact received by the Garda Síochána on 12 April 1996 but that a copy of the warrant rather than the original was endorsed for execution by the Garda and subsequently presented to the court. An extensive search has failed to locate the original warrant. The Garda authorities have concluded that the original warrant was mislaid by the Garda and that the only explanation is that the original warrant was destroyed accidentally when copies of the warrant were being made. Because the photocopies of the original documents were of such high quality, it was not realised that the original warrant was missing until the court hearing on 13 April 1996.

Responsibility for ensuring that the original documents transmitted by the requesting country seeking the extradition of a person are available to the court rests with the Garda authorities.

Extradition procedures involve the combined efforts of a number of agencies both here and in the requesting country. A high degree of co-ordination is required between those agencies. In the present case, the application arrived with the Garda Síochána at very short notice and it was necessary to process it within a very narrow time-frame — in effect within a matter of hours of the court hearing.

This is the first time that an error of this sort has occurred. In general, extradition arrangements between the United Kingdom and Ireland work well. This is evidence from the most recent report on the operation of Part III of the Extradition Act, 1965 which was laid before the House in December last. The report, which is in respect of the year 1994, records that 15 persons were extradited in 1994, seven to England and eight to Northern Ireland.

The House may be assured that the necessary lessons will be drawn from the difficulties experienced on this occasion. The Garda authorities are reviewing the procedures involved in processing the documents required in extradition cases. They will introduce any safeguards needed to ensure that the type of error they made on this occasion will not recur. My Department and the Attorney General's office will participate in the review of procedures already under way.
Having received the final report of the Garda Síochána I am satisfied that it was necessary to liaise with all the agencies that were involved in the proceedings in both jurisdictions in order to establish the full facts.
I should point out that the failure of the extradition proceedings in court on 13 April 1996 does not preclude a further application being made for the extradition of the person in question, who is now in custody here, in connection with another matter.
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