An agreement giving US authorities access to information about bank accounts in Ireland and the right to conduct criminal investigations on Irish soil has been signed today.
The agreement speeds up and simplifies extradition proceedings between the two countries, and requests can be made for the extradition of anyone suspected of a crime that carries a sentence of a year or more.
Minster for Justice Michael McDowell
The Bilateral Instruments with the United States on Mutual Legal Assistance and Extradition was signed by Minster for Justice Michael McDowell and the US Ambassador to Ireland, James C. Kenny, in Dublin today.
It formalises Ireland's adherence to an agreement on combating international terrorism between EU and US following the September 11th attacks.
However, the agreement can only take effect after legislation is passed by the Oireachtas and all member states of the EU have signed their bilateral agreement with the United States.
The United Kingdom, France, Belgium, The Netherlands, Spain, Sweden and Finland have already signed their bilateral agreements.
"The international community must do everything it can to combat terrorism with every means at its disposal," Mr McDowell said. "The devastating attacks in London last week reinforce the need for full co-operation against terrorist threats. In this respect, Ireland will not be found wanting."
However, Mr McDowell played down concerns expressed by observers such as Amnesty International and Statewatch, which claim that various human rights safeguards such as the right to a fair trial are compromised by US practices after September 11th.
"These instruments allow us to contribute to a more effective response to international crime and terrorism while at the same time ensuring that a careful balance is maintained between the need to respond to sophisticated crime and the need to uphold fundamental legal and constitutional principles aimed at protecting the individual," Mr McDowell said.
The agreement provides for Ireland to seek guarantees that capital sentences will not be imposed on anyone extradited. But Amnesty International has said the EU agreement leaves an "unacceptable margin of discretion" with regard to refusing extradition on these grounds.
Among other new provisions is enhanced co-operation with requests for banking information on people or organisations regarded as criminal suspects. Assistance cannot be refused on grounds of customer confidentiality, according to the agreement.
Crime detection agencies such as the FBI and Department of Homeland Security will be able to request phone taps and other types of surveillance on suspects in Irish jurisdiction. The agreement also provides for joint investigative teams to be established and operated on Irish soil.
The deal is also aimed at combating international criminality such as drug trafficking and fraud. It updates and supplements existing accords between the Ireland and the United States dating from 1983.