There is a series of amendments and it is suggested that we take Nos. 2 to 6, when we come to them, together.
Extradition Bill, 1965—Report and Final Stages.
Government amendment No. 1:
In page 9, to delete from "and the Minister" in line 37 to "health" in line 41.
This amendment has been tabled to meet the wishes of a number of Senators who suggested on Committee Stage that it was undesirable that the exercise of ministerial discretion in this respect should be restricted. It was put to me that it would be more desirable to have the matter left flexible so that a person who was arrested could be brought before any court in the country rather than confined except for reasons of health to the Dublin Metropolitan District.
I made the case that in the Dublin Metropolitan District, there was a court available all the time and that that was the purpose of it. On reconsideration. I considered that it was better to have it more flexible and I decided do amend the section which now reads:
Where a person has been arrested in pursuance of a warrant issued under section 26 or 27 the Minister may by order direct that the case be heard before a justice assigned to the district named in the order and, in that case, the person arrested shall be brought before such justice. That leaves it completely open so that a person can be brought before whatever district court is mentioned in the order. I think that meets the case.
May I express satisfaction from this side of the House, and gratitude to the Minister, for the manner in which he has met the case expressed here on the earlier Stages of this Bill.
Amendment agreed to.
Government amendment No. 2:
In page 13, line 29, after "issued" to insert "by a judicial authority".
These amendments are teally all on the one principle, which was urged very strongly particularly by Senator O'Quigley, that it should emphasise that only warrants issued by a judicial authority will be backed by the Commissioner. Therefore, in a number of places, in sections 43, 49, 54 and 55, we are inserting "by a judicial authority". It is made clear that every warrant must be based on the signature of the judicial authority. This was urged very strongly and I think it is a good point that we spell out that the procedure must be started by a judicial authority. Amendments Nos. 2, 3, 4, 5 and 6 spell this out.
Again, I wish to express appreciation on behalf of Senator O'Quigley for the manner in which the Minister has met the proposals made.
I should like to associate myself in congratulating the Minister on his attitude in the matter of these amendments. If I may say so, with respect, a good Minister is one who shows that he is prepared to listen to reason. The present Minister of course had a good training in this House originally and I think it is a matter for which he shoald be congratulated in that he has flexibility of mind in considering useful amendments and accepting them. This matter should be commented on in the hope that the Minister will continue in this attitude.
Amendment agreed to.
Government amendment No. 3:
In page 15, line 27, after "issued" to insert "by a judicial authority".
Amendment agreed to.
Government amendment No. 4:
In page 18, line 9, after "issued" to insert "by a judicial authority".
Amendment agreed to.
Government amendment No. 5:
In page 18, line 37, after "issued" to insert "by a judicial authority".
Amendment agreed to.
Government amendment No. 6:
In page 18, line 42, after "issued" to insert "by a judicial authority".
Amendment agreed to.
Bill, as amended, received for final consideration.
Question: "That the Bill do now pass", put and agreed to.