Dáil Éireann debate -
Wednesday, 19 Jun 1996

Vol. 467 No. 2

Written Answers. - Extradition Acts.

Dermot Ahern

Question:

19 Mr. D. Ahern asked the Minister for Justice the plans, if any, she has to amend the procedure whereby the Attorney General carries out his function under the extradition Acts in view of the breakdown of the Anthony Duncan extradition case; whether it is acceptable to have the Attorney General and the Minister for Justice deliberate on an extradition case on foot of copy documents; and if she will make a statement on the matter. [11786/96]

Minister for Justice (Mrs. Owen)

The Deputy will appreciate that the Minister for Justice is not responsible for the Attorney General's office or the procedures whereby the Attorney General carries out his functions under the Extradition Acts. However, the Minister is informed by that Office that the procedures in question did not contribute to or cause the breakdown of the Anthony Duncan case and that there is no need for an amendment of those procedures.

The question as to whether it is acceptable to have the Attorney General deliberate on an extradition case on foot of copy documents has already been addressed by the Taoiseach in the course of questions in the House on 29 May.

Similarly, the functions of the Minister for Justice do not extend to examining documents to establish their originality. As she already outlined to the House in her statement on 23 May, her functions in relation to extradition applications derive from the power vested in her under section 44 of the 1965 Act to direct that a warrant shall not be endorsed in certain circumstances, as for example, where she is of the opinion that the offence for which return is sought is a political offence, revenue offence or so on. These are functions which can be fully discharged by reference to a copy of the relevant documents.

It is perfectly acceptable and, indeed, practical for the Attorney General's office and the Department of Justice to deliberate on an extradition case on foot of copy documents. An alternative procedure, which would involve all the relevant agencies have to work on the basis of the original documents, would slow down the procedure and increase the likelihood of an original being lost or mislaid at some stage. As the Deputy is aware, the ability to deal with applications of this kind in a speedy fashion, sometimes within a matter of hours, is often crucial if the objective of the application is to succeed.