The Government has published a Bill to make extradition of crime suspects between Ireland and other EU states easier as part of the legal response to the September 11th terrorist attacks on the US.
The Extradition (European Union Conventions) Bill 2001 proposes to enable the State to ratify two European Union conventions on extradition. If carried it would introduce extradition for revenue offences and for less serious offences than at present. It would also allow that in some circumstances, a person extradited for one offence could be tried for other offences.
The Bill also proposes to ensure terrorist offences cannot be regarded as "political" and therefore immune from extradition, a proposal in line with existing Irish law. It would allow member states to regard certain non-terrorist offences as political, and proposes that Ireland make a declaration to this effect.
Publishing the new Bill yesterday, the Minister for Justice, Mr O'Donoghue, said the Bill would "provide a valuable additional weapon to the Government's extensive armoury in fighting crime". He said the Bill was "extending the range of extraditable offences and closing off a major legal loophole which prevented the extradition of suspected fiscal or revenue offenders to or from other EU countries".
The Bill is one of a series to come from the Department of Justice in the coming weeks to speed up the ratification of various EU and UN conventions on extradition and terrorism. The measures, which the Government hopes will pass through the Oireachtas before the end of this year, are expected to lead to the Dβil holding some extra sittings over the next six weeks.
Meanwhile, Mr O'Donoghue will attend talks in Brussels next Thursday with his 14 EU counterparts as efforts continue to agree an EU-wide definition of terrorist offences and an EU extradition warrant. EU heads of state and Government agreed in principle to seek such agreement in the wake of the September 11th attacks.
The first of the EU conventions covered by the Bill published yesterday was agreed in 1995. It provides for simplified extradition in cases where the person consents. Under the convention such consent would have to be given before the High Court. Once this was given voluntarily, the person would be extradited and a formal extradition request would not be required.
The second convention, signed in 1996, requires all states to designate a central authority to be responsible for transmitting and receiving extradition requests and associated documents. It also proposes to lower the threshold for extradition, allowing for extradition in relation to offences punishable by at least six months' imprisonment in the requested country, and 12 months in the requesting country.
It also proposes that a person extradited for one offence can be tried for another if the offence does not give rise to imprisonment, or if the person has waived the right not to be tried for other offences. In cases where imprisonment would be involved, the consent of the Minister for Justice would be required.