DAIL
DEBATES
Extradition (European Union Conventions) Bill 2002 - Order Second Stage
DÁIL
ÉIREANN
Sitting
Time
Sitting Date
11:10
23 November 2001
Mr. Kelleher: I welcome the publication and presentation of the Bill
which we are debating against the backdrop of some of the most horrendous
terrorist attacks in history. However, it is about more than just those
attacks. I commend the Minister for Justice, quality and Law Reform
for acting quickly upon the 20 September request of the Justice and
Home Affairs Council urging EU member states to take all necessary steps
to bring the two conventions on extradition into force by 1 January
2002. We are present to debate a Bill that will do this.
Extradition is an emotive subject in Ireland. For many years there have
been high profile court cases and legal wrangles between the Republic
of Ireland, Britain and elsewhere with regard to extradition. As we
have now matured as a nation and the European Union as a whole has matured,
this allows us to have a rational debate on the subject. We can bring
the various forces and arms of the State to bear against terrorists
of all types.
I particularly welcome the provision in the Bill relating to extradition
for revenue offences. In recent years some of the most appalling attacks
on our society have been carried out by drug barons and those who import
heroin and other hard drugs to Ireland. This has caused mayhem throughout
society. Areas of Dublin were devastated during the 1980s by the importation
of heroin. Crack cocaine is now taking its place. Yet, in some member
states, in what we think of as the civilised European Union, drug barons
openly flaunt their wealth. They have their yachts anchored and live
the high life, this despite everybody knowing from where their wealth
comes. Because of cumbersome extradition legislation and the lack
of a framework for extradition, they can go about their business
unhindered throughout most of the European Union.
Part of the reason for this is that most of those involved have left
this jurisdiction because of the success of the CAB in harrying them.
For this legislation and the CAB to be truly effective it must be possible
to pursue these characters and request their extradition from their
new havens when a prosecution is pending with regard to the revenue
aspect of their illicit businesses. This is one of the most important
aspects of the Bill. I also endorse the provisions to which Deputy Kirk
referred in section 13 which will be used as the main vehicle in addressing
one of the biggest threats to society, young people in particular, in
the modern European Union.
With the advent of the peace process and the shifting of hearts and
minds within the various traditions on the island, extradition is no
longer as emotive as it was in the past. I remember High Court cases
where, because of technical hitches - perhaps because a document was
not authenticated or presented at the wrong place - we made heroes out
of characters who were nothing but terrorists. I hope the Bill will
address this and that we will have a smooth transfer of persons between
the various EU member states. The last thing we want is to have cases
tied up in court for years. A simple provision such as that in section
18 can help to prevent this. It addresses the changes required by the
advent of modern technology when it states:
This section inserts a new section 23A in the Principal Act and is
intended to give effect to Article 13(3), (4) and (5) of the 1996
Convention. The Central Authority is given the authority to receive
extradition requests and documents by fax. In order to guarantee the
authenticity of extradition documents, the Central Authority of the
requesting Member State shall state in its request that it certifies
that the documents transmitted in support of that request correspond
to the originals. That is a simple and straightforward step towards
addressing changes in technology, and attempts to avoid the legal challenges
that have been a feature of extradition proceedings between Britain
and Ireland.
The Bill is quite technical, as is the explanatory memorandum. However,
the thrust of the Bill and what we are trying to achieve as an EU member
state is very positive. Some issues arise with regard to new member
states. When will the conventions come into force in new member states?
Will this happen immediately when a state accedes to membership, will
it happen prior to membership, or will there be a transition period?
This matter should be addressed as it could allow the people we are
attempting to track down to move to different states as they might have
another year or two of leeway prior to the conventions being ratified
and enforced in the states concerned.
Section
to follow:
Section F follows.
Sitting Time
Sitting Date
11:20
23 November 2001
Text:
[Mr. Kelleher]
There has been a change in the mindset throughout the civilised world
with regard to terrorism. As a country which suffered its fair share
of atrocities carried out by terrorist organisations, we understood
how America felt on 11 September. However, it is important that we move
forward on a number of fronts. First, all civilised countries now realise
that all forms of terrorism must be rooted out. In the past, some countries
have been apologetic with regard to terrorism. However, there has been
a change in the attitude of countries such as Libya, which, for many
years, condoned and encouraged terrorism. This is a positive development
which must be encouraged at all times.
I congratulate the Minister on the expeditious manner in which he
introduced this legislation at the request of the Council and I hope
it achieves its objectives. Given the positive developments in Northern
Ireland, the resources which were heretofore used to track down and
counteract terrorist offences can now be used to deal with the new problems
which confront society, namely, drug dealers and those who import hard
drugs such as heroin, crack cocaine etc.
Is the Minister confident he will receive full co-operation, not from
the legal systems of EU member states, but in terms of practical policing
measures? This is an important issue. It is fine to talk about extradition
and the ratification of various EU conventions on
extradition. However, there will be problems if there is a lack of
co-operation from EU police forces which track down and share
information. This legislation is needed because of issues ranging from
the events of 11 September to the drug problems we face.