Home > Debates > Dáil > 1996

Ceisteanna—Questions. Oral Answers. - Failure of Extradition Case.

Wednesday, 15 May 1996

Dáil Éireann Debate
Vol. 465 No. 4

Page of 146

11. Ms O'Donnell asked the Minister for Justice the circumstances surrounding the recent failed attempt to extradite a person (details supplied) to Britain; whether responsibility for the failed proceedings lay with the Irish or British Authorities; her views on the efficacy of current extradition procedures; and if she will make a statement on the matter. [9940/96]

[968]

137. Miss Harney asked the Minister for Justice the person/jurisdiction who had responsibility for the documentation in the recent extradition proceedings taken against a person (details supplied). [8116/96]

Mrs. Owen: I propose to take Questions Nos. 11 and 137 together.

Deputies will appreciate that I must be careful in what I say in responding to this question as the person in respect of whom the application was made is now before the courts as a result of proceedings in this jurisdiction.

A warrant and supporting documents in this case, other than the documents required by the Attorney General for the purpose of the functions he is required to exercise under section 2 of the Extradition (Amendment) Act, 1987, were forwarded directly by the requesting police force to the Garda authorities in accordance with the provisions of the Extradition Acts 1965 to 1994 and established practice. Copies of the warrant and supporting documents were forwarded to the Office of the Attorney General and to my Department. The procedure in this case took place at short notice and within a tight time-frame.

I am informed by the Garda authorities that the extradition proceedings failed in this instance because the warrant produced in court was not the original warrant. Following consultation with the law officers it was decided not to proceed with the case. My Department immediately sought a report following the collapse of the extradition case. A final report has not been received, however. The Garda authorities have informed me that a review of the steps taken in dealing with this matter has to date failed to establish the reason the original warrant was not available to the court.

It is clear, therefore, that the facts which resulted in the original warrant not being presented at the court hearing have not been established at this stage. I am not satisfied with the delay in establishing them and have requested [969] the Garda authorities to conclude their inquiries within a matter of days. I will make the facts available as soon as they have been determined subject to advice on any legal constraints that may exist.

As regards the efficacy of current extradition arrangements generally, I am satisfied that those procedures work well in the vast majority of cases. It is also true that cases arise from time to time — this was clearly one — where procedural or legal difficulties give rise to problems. It is only right that where such difficulties do arise, the existing arrangements are examined in the light of that experience and any necessary adjustments are made. I can assure the House that the necessary steps are being taken in this regard in the context of this case.

Ms O'Donnell: The Minister's response is extraordinary. Is she telling the House that, one month after the failed extradition of this person, she is still in the dark about what went wrong? The Minister has been informed by the Garda authorities. Has she had consultations with the Office of the Attorney General on this point? Was the original warrant lost in this jurisdiction? Despite the recently updated and elaborate procedures on the processing of extradition warrants in the Office of the Attorney General — computer tracking, monitoring and alert systems — were the British authorities told at any time that the documents had to be originals, not copies?

Mrs. Owen: It is a month since this happened and I am not satisfied that I cannot outline what happened in this case. The Garda have not yet outlined to me what happened. I asked the very questions Deputy O'Donnell raises but the Garda advise me they have been unable to conclude their discussions on these matters with the relevant authorities in the UK.

That this extradition did not proceed has nothing to do with the Office of the Attorney General, it concerns the originality of the document put to the [970] courts. Both the Attorney General and I cleared these documents for execution but when the matter went to court the documents were found not to be originals. There in lies the kernel of the case and I have not yet been told whether an original document came here. I am sorry I cannot give that answer. I have asked for the information and have not been given it. I am just as frustrated as the Deputy appears to be at not being able to answer her but the Garda have not answered me either.

Ms O'Donnell: It is extraordinary that the Minister has not been briefed properly by the Garda authorities in this matter. Why was the Taoiseach also unable to answer questions on this matter put by Deputy Harney and others on 24 April? Why was a parliamentary question on this matter, submitted on 17 April, transferred to the Minister for Justice when it is the Taoiseach who is accountable to this House for the Office of the Attorney General? It is bad enough that he was unable to answer questions about this on 24 April but now the Minister for Justice is similarly unable to do so. Who will be able to account to the House for the failure of this extradition?

Mrs. Owen: The Deputy knows full well I am not responsible for the transfer of questions. The question was passed to me and I am answering it today.

Mr. M. McDowell: The Minister is not answering it.