Harney says three fugitives may serve time here

Tánaiste Mary Harney has said the "Colombia Three" could be required to serve their prison sentences in Ireland under legislation…

Tánaiste Mary Harney has said the "Colombia Three" could be required to serve their prison sentences in Ireland under legislation on international prisoner transfers being finalised by the Oireachtas.

In a statement yesterday evening Ms Harney said the Government had been considering legal possibilities in the event that an extradition request from Colombia for the return of the three men - James Monaghan, Martin McCauley and Niall Connolly - was unsuccessful.

Describing the men as "no friends of the peace process", she also warned them and their supporters that they should not "underestimate the Government's determination" to explore all the options open to it and linked the issue to the international fight against terrorism.

Ms Harney said officials had identified the Transfer of Execution of Sentences Bill, which is in its final stage in the Oireachtas, as a Bill which allows for convicted fugitives from one jurisdiction to serve their sentences in another.

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Ms Harney said the Colombian government would first have to sign up to a European convention on prisoner transfers before it could be used in relation to the prisoners convicted in Colombian courts.

Ms Harney, who is acting minister for justice while Michael McDowell is on holiday, said individual requests from a foreign country could then be considered by the Minister.

The Minister would have to be satisfied in relation to the judicial and security systems operated in the state before agreeing to a request.

There is also provision within the legislation for a judicial process in relation to any specific request.

Yesterday's statement also stressed that the legislation also applied to sentences handed down before the convention comes into force with the enactment of the legislation.

Ms Harney said it was "important that the three involved and those who have expressed exultation at their return should not underestimate the Government's determination to explore all the options open to it to ensure that Ireland continues to play its full part in the fight against international terrorism."

The Tánaiste also moved to play down reports that gardaí were not searching for the three men.

Ms Harney said Garda inquiries about the three and "any breach of Irish law were continuing", but she declined to comment on possible charges.

She again stressed that the Government would consider any request from the Colombian authorities, although no formal request had been received. She also reiterated that there was no extradition treaty between the two countries, which has been cited by legal experts as meaning an extradition request would be highly unlikely to succeed.

Earlier yesterday Minister of State at the Department of Justice Brian Lenihan criticised Sinn Féin president Gerry Adams for welcoming home the three men and described their arrival as "deeply unhelpful" to the peace process.

"While he may have to welcome them home to a particular constituency, he has the wider constituency of all of the Irish people who are interested in seeing progress in the peace process," he said.

Senator John Minihan (PD) welcomed the Tánaiste's statement and said he favoured the early return of the Oireachtas to process the legislation if Colombia signed up to the relevant convention.

"I would not like to see the Oireachtas being blamed for holding things up," he said.