Republican News · Thursday 30 November 2001

Ó Caoláin and O'Malley clash on extradition

BY MÍCHEÁL MacDONNCHA

Under existing legislation, reinforced by this Bill if passed, the British authorities can legally pursue people for political offences committed at any stage during the conflict, and the government has legally committed itself to hand them over

New extradition legislation was introduced in Leinster House last week. It was opposed by Sinn Féin TD Caoimhghín Ó Caoláin, as it further weakens the protection of people from extradition for political offences.

The Extradition (European Conventions) Bill 2001 was debated in the Dáil on Friday, 23 November. The Sinn Féin TD told the Dáil:

"We do not oppose extradition for criminal offences provided that all the legal safeguards are in place. However, we do oppose extradition for political offences. Extradition in this country is not and never has been a purely legal issue. It has been the subject of much political controversy during the past 30 years of conflict in our country. It always was and still is a highly political issue.

"The 1996 convention, which it is proposed to ratify by this Bill, goes further than the European Convention on the Suppression of Terrorism, which was the basis for the 1987 Extradition Act. As incorporated in section 12 of this Bill, the 1996 convention states that no offence may be regarded by the requested state as a political offence, as an offence connected with a political offence or an offence inspired by political motives. While it allows states to confine this requirement to offences defined in the Convention on the Suppression of Terrorism, it represents a further significant weakening of what is left of the political exception in extradition law.

"The 1987 Act meant that political prisoners who escaped from British custody in the North were extradited back to the Six Counties. The offence of the founder of Fianna Fáil, Éamon de Valera, in escaping from Lincoln Prison was defined as terrorist. Those who escaped from the H-Blocks of Long Kesh in 1983 were subject to extradition. Clearly politically motivated actions such as armed attacks on British military forces or the use of a weapon in a prison escape were defined, not as political, but as terrorist.

"The Bill reinforces that position, this despite the fact that fundamental to the peace process and the Good Friday Agreement is the recognition in politics, if not in law, that such actions were political. While neither in this jurisdiction nor under British jurisdiction were political prisoners explicitly recognised as such in law, in political reality they were so recognised, hence the release of political prisoners as part of the peace process, during the course of which former political prisoners such as Angelo Fusco and Tony Kelly were pursued under British extradition warrants in this State. They won their appeals, but three others in this State are still sought on extradition warrants by the British government, Nessan Quinlivan, Tony Duncan and Pearse McAuley. Both the British and Irish authorities should drop those cases. All outstanding extradition warrants for political offences by organisations whose prisoners have been released under the Agreement should be immediately quashed by the British government.

"I urge that this unfinished business be completed by the British and Irish governments without delay. Even when this is done, the reality under existing legislation, reinforced by this Bill if passed, is that the British authorities can legally pursue people for political offences committed at any stage during the conflict, and the government has legally committed itself to hand them over. This is a very serious matter."

The next speaker in the debate was Dessie O'Malley of the PDs, who made a characteristic attack on the Sinn Féin TD. He said the Bill was "not likely to cause Mr Osama bin Laden to tremble in his cave, or indeed any other terrorists, including those represented by the previous speaker who named many of the terrorists involved about whom he was concerned and for whom, I presume, he asks this House to weep, but not for their victims". The exchange continued:

Ó Caoláin: With respect, I know there is little value in engaging with Deputy

O'Malley on this matter.

O'Malley: I did not interrupt the representative of IRA-Sinn Féin terrorism.

Ó Caoláin: I did not cast aspersions on Deputy O'Malley either. I am registering my objection to Deputy O'Malley's slur against my role and representation in this House.

O'Malley: I reiterate the slur on Deputy Ó Caoláin.