O'Malley and O Caolain clash on extradition Bill

Former Progressive Democrats leader Mr Dessie O'Malley and Sinn FΘin TD Mr Caoimhgh∅n ╙ Caolβin clashed in the Dβil over legislation, which changes Ireland's extradition laws.

The Minister for Justice, Mr O'Donoghue, introduced the Extradition (European Union Conventions) Bill as part of a package of measures to ensure an "effective international response to the threat of terrorism".

The Minister said the new legislation would facilitate the "bringing to justice of suspected criminals who seek to avoid prosecution by leaving the jurisdiction where the crime has been committed". The legislation will also allow revenue offences to be extraditable.

The Sinn FΘin deputy was the only non-Government TD in the House because of the boycott by the Opposition.

Mr O'Malley said the Bill was good as far as it went but had a very limited application to terrorism. It made clear that "various terrorist acts cannot be regarded as political, irrespective of the alleged motive of the terrorists committing them".

Mr ╙ Caolβin said his party was opposed to extradition for political offences, but not for criminal offences "provided that all the legal safeguards are in place".

The Bill gives effect to two international conventions which Mr O'Malley said long pre-dated the US attacks of September 11th. It was not likely to "cause Mr Osama bin Laden to tremble in his cave or indeed any other terrorists including those represented" by Mr ╙ Caolβin "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".

When Mr ╙ Caolβin said there was "little value in engaging with Deputy O'Malley on this matter", Mr O'Malley replied: "I did not interrupt the representative of IRA-Sinn FΘin terrorism".

The Sinn FΘin TD said he was "registering my objection to Deputy O'Malley's slur against my role and representation in this House". Mr O'Malley said: "I reiterate the slur on Deputy ╙ Caolβin".

Mr ╙ Caolβin had told the Dβil that extradition in Ireland "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."

He was concerned about the impact of the legislation on a fundamental aspect of the Belfast Agreement.

It recognised "in politics if not in law" that actions such as armed attacks on British military forces or the use of weapons in a prison escape were political. Political prisoners were not recognised explicitly in law as such but "in political reality they were so recognised and hence the release of political prisoners as part of the peace process".

The Bill would reinforce existing legislation that the British authorities "can legally pursue people for political offences committed at any stage during the conflict and the Irish Government has legally committed itself to hand them over".

Mr O'Donoghue said he did not believe the legislation and ratification of the two treaties would have any impact on the political offences exemption.